You are permitted to:
Transfer the Software and license to another party if the other party agrees to accept the terms and conditions of this License Agreement;
Modify source codes of the software and add new functionality that does not violate the terms of the current license;
Modify or remove the Avactis copyright announcement and sign 'Powered by Avactis Cart' displayed on the catalog part of Avactis Shopping Cart;
Customize the Software's design and operation to suit the internal needs of your web site except to the extent not permitted under this Agreement;
Create, sell and distribute applications/modules which interface with the operation of the Software provided the said applications/modules are original works except to the extent not permitted under this Agreement;
Create, sell and distribute by any means any templates and/or designs which allow you or other users of the Software to customize the appearance of an electronic commerce store except to the extent not permitted under this Agreement.
You are NOT permitted to:
Permit other individuals to use the Software except under the terms listed above;
Reverse-engineer and/or disassemble the Software for distribution or usage outside your web site;
Use the Software in such as way as to condone or encourage terrorism, promote or provide pirated Software, or any other form of illegal or damaging activity;
Modify and/or remove any copyright notices or labels on the Software on each page (unless a copyright output removal license is purchased) and in the header of each script source file regardless of the incidence or quantity of modifications made to the Software by you or other parties.
Distribute individual copies of files, libraries, or other programming material in the Software package;
Distribute or modify proprietary graphics, HTML, or CSS packaged with the Software for use in applications other than the Software;
Use the Software in more than one instance or location (URL, domain, subdomain, etc.);
Modify the software and/or create applications and modules which allow the Software to function in more than one instance or location (URL, domain, subdomain, etc.);
Copy the Software and install that single program for simultaneous use on multiple machines;
Hummingbird does not provide update files for modified versions of the software. A version of the software is considered modified if some files are modified in the folders system, avactis-system or other system folders, or the structure and integrity of files and folders has been tampered with. The current conditions apply to modifications made by the licensee or a third party, as well as to modifications made by Hummingbird upon an agreement with the licensee.
Terms of Updates
Terms of the Free version of Avactis Cart Use
Terms of the White Label version of Avactis Cart Use. Sublicensing
- You understand and agree to the terms of this license agreement;
- You have purchased the Avactis White Label license(s);
- The software is only sublicensed ONCE, to a single party;
- You are not using the software after granting the sublicense;
- The sublicense is a valid Avactis Shopping Cart license;
- The sublicense contains terms that are no less restrictive than this agreement (or the same terms as this agreement) and does not contain this right to sublicense;
- You do not make any representations or warranties on behalf of HUMMINGBIRD;
- You agree to enforce the terms of any sublicense that You are authorized to make. If You fail to do so, You agree that HUMMINGBIRD may take such steps in Your name and as your agent, including legal proceedings if necessary, to enforce the sublicense granted by You;
- You notify vendor of the sublicense and any subsequent transfers by the sublicensed party.
Terms of the Avactis extensions
(URL, domain, subdomain, etc.). Avactis extension license is authorized to be used on one domain.
A version of the software is considered modified if some files are modified in the folders system, avactis-system or other system folders,
or the structure and integrity of files and folders has been tampered with.
The current conditions apply to modifications made by the licensee or a third party, as well as to modifications
made by Hummingbird upon an agreement with the licensee.
All modifications or enhancements or derivative works based on the Software whether created by HUMMINGBIRD or you are the property of HUMMINGBIRD.
Any additional modules, applications, files and/or scripts for use with the Software, which are created from scratch by you or a third party, are proprietary to you or the respective third party.
You acknowledge and agree that:
The Software is protected under copyright and other laws and international treaty provisions;
You agree that you will not, at any time, contest anywhere in the world HUMMINGBIRD's ownership of the Software, nor will you challenge the validity of HUMMINGBIRD's rights in the Software.
You have no rights hereunder to use any trademark or service mark belonging to HUMMINGBIRD.
HUMMINGBIRD and its licensors retain all copyrights and other intellectual property rights in the Software;
You acquire no ownership or other interest (other than your license rights explicitly stated in this License Agreement) in or to the Software.
LIMITATION OF LIABILITY
THIRD PARTY SOFTWARE
You may terminate this License for any reason, or for no reason, by destroying all copies of the Software. HUMMINGBIRD may terminate this License for any reason, or for no reason upon notifying you.
HUMMINGBIRD may terminate this License if you breach your obligations hereunder. HUMMINGBIRD will effect such termination by giving you notice of termination, specifying therein the alleged breach.
Upon termination of this License for any reason the following terms shall apply: (a) all rights granted under this License will immediately terminate and you must stop all use of the Software within 10 (ten) days, (b) you must destroy all copies of the Software, and will, within ten (10) days after the effective date of termination, provide HUMMINGBIRD with written confirmation of the fact that all such copies have been returned or destroyed;
HUMMINGBIRD reserves the right to track users' actions in the beta versions of the Software.
HUMMINGBIRD reserves the right to change the terms of this license agreement at any time. Changes to the license agreement will be announced via email. Failure to receive notification of a change does not make those changes invalid.
HUMMINGBIRD reserves the right to send you news and/or other important information by electronic mail from time to time. You will have the option to unsubscribe from receiving any further messages from HUMMINGBIRD.