License

THIS LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN THE PERSON, COMPANY, OR ORGANIZATION THAT HAS LICENSED THIS SOFTWARE ("YOU" OR "CUSTOMER") AND HUMMINGBIRD WEB SOLUTIONS PRIVATE LIMITED ("HUMMINGBIRD", "WE" OR "US"). BY INSTALLING, COPYING AND/OR OTHERWISE USING THE SOFTWARE ("SOFTWARE"), THE CUSTOMER ACCEPTS THE SOFTWARE AND AGREES TO THE TERMS OF THIS AGREEMENT. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. BY INSTALLING AND/OR USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR DO NOT HAVE THE AUTHORITY TO BIND THE CUSTOMER TO THESE TERMS, THEN DO NOT INSTALL AND/OR USE THE SOFTWARE.
THE SOFTWARE IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL TREATIES. ALL TITLE AND INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SOFTWARE ARE OWNED BY HUMMINGBIRD. THE SOFTWARE IS HEREBY MADE AVAILABLE FOR USE (LICENSED), NOT SOLD.
THIS LICENSE AGREEMENT SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY HUMMINGBIRD HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.

LICENCE GRANT

Upon the terms and conditions of this Agreement, Hummingbird grants you a non-exclusive license to use the Software on one installation to be accessible by one URL (web address) and only for the purpose of operating an electronic commerce store on the Internet. You must provide HUMMINGBIRD with the exact URL (Unique Resource Locator) of the website you install the Software to.

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

If, in accordance with this agreement, you are subscribed to a service or possess the right to ‘Free Updates’, then Hummingbird will provide, free of charge, all files and documentation for updating the software to its newer versions. The update (upgrade) process is performed by the user.
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.
The automatic Update (upgrade) process for modified versions of the software is impossible and is not provided.

Terms of the Free version of Avactis Cart Use

Hummingbird does not provide free technical support for the Free version.
Hummingbird does not provide update files and documentation for the Free version.
You cannot delete the sign ‘Powered by Avactis Cart’ displayed on the catalog part of Avactis Shopping Cart.

Terms of the White Label version of Avactis Cart Use. Sublicensing

You may sublicense the software and your rights under White Label license to another party provided that:
  •  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

You are not permitted to use the Avactis extension in more than one instance or location
(URL, domain, subdomain, etc.). Avactis extension license is authorized to be used on one domain.
Hummingbird does not provide Avactis extensions 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.

OWNERSHIP

The Software (including, but not limited to Avactis Shopping Cart, and modules/components developed by HUMMINGBIRD), documentation, any error corrections, all copyrights, patents, trade secrets, trademarks and other intellectual property rights protecting or pertaining to any aspect of the Software are the property of HUMMINGBIRD.
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.

NO WARRANTY

THE SOFTWARE IS PROVIDED TO YOU "AS IS" AND HUMMINGBIRD MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. HUMMINGBIRD AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, HUMMINGBIRD AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

IN NO EVENT WILL HUMMINGBIRD OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A HUMMINGBIRD REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. HUMMINGBIRD’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.

GOVERNING LAW

This Agreement shall be governed and interpreted in accordance with English law. Any legal action aimed at enforcing this Agreement or any parts thereof, should only be taken in accordance with the Rules of the London Court of International Arbitration. The venue of the legal proceedings shall be London, England. Each party to this Agreement undertakes to strictly comply with the judgment made by the above-mentioned court.

THIRD PARTY SOFTWARE

The Software contains software developed, distributed and/or licensed by third parties. The terms and conditions associated with such software are expressly stated in the Software, and you must use such software under such terms and conditions.

TERMINATION

Termination for convenience
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.
Termination for cause
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.
Effect of termination
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;

MISCELLANEOUS

HUMMINGBIRD reserves the right to publish a selected list of users of the Software.
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.
Download AvactisNext 4.6 today! All features fully UNLOCKED! Free Download
Hello. Add your message here.