Please read this contract carefully. By copying the software in parts or as a whole, buying, installing or using it, you accept all the conditions of this contract, including and in particular the following exceptions: usage in accordance with clause 3, transferability in accordance with clause 5.4, warranty in accordance with clause 6, liability in accordance with clause 6.3.
This contract is enforceable towards the licensee and every other person who has received this software and for whom the software is being used.
All rights for the intellectual property of the software belong to NoStress Commerce s.r.o. The software is licensed not sold. NoStress Commerce s.r.o merely allows you to copy, download, install, use or in any other way profit from the functionalities and the intellectual property of the software within the terms of contract. The software does not contain parts of GPL software. The following license agreement is valid for the purchased software. The License Agreement is an addition to the General Terms and Conditions accepted by the customer. The Software Maintenance Agreement and Privacy Statement is parallel to the License Conditions.
1 Recital Clause
The licensor distributes the Software as well as the corresponding user documentation in form of a machine-readable object code. He is entitled to grant rights of use to the Software and to the user documentation.
The licensee intends to use the Software and to purchase the rights of use in correspondence with the contract.
The licensor and the licensee (together the «parties»), therefore, agree to the following:
2.1 NoStress Commerce
„NoStress" stands for NoStress Commerce s.r.o. headquartered in Prague (Czech Republic), hereinafter referred to as licensor.
"Computer" stands for a computer device which records information in digital or similar form and can convert a specific result according to an instruction sequence.
2.3 Permitted Number
"Permitted Number" means one (1) live-installation, as long as nothing else has expressly been agreed upon.
"Software" covers the entire delivered information which can be downloaded at the Koongo websites either as a trial version or after a successful order and payment.
"Connector" means one of the Koongo products listed below:
It includes both trial version and paid version of the software.
2.6 Server ID
"Server ID" means Magento backend URL
"Collections" means a collection of Feeds and Taxonomies. A Collection represents a list of Feeds and Taxonomies.
3 Software Licenses
Provided that you have obtained the software with NoStress and provided that you comply with the conditions of this contract, NoStress grants you a non-exclusive license, unlimited in time for the usage of the software in the manner of and for the purposes specified in the documentation according to the subsequent regulations.
The rights of use will be specified and substantiated in clause 5.
3.1 General Use
You are allowed to install and use a copy of the software on compatible computers up to the permitted number (1 installation, see clause 2.3).The License Agreement is an addition to the General Terms and Conditions accepted
3.2 Type of license keys
3.2.1 Live license key
Live license key is allowed to be generated after a regular order is placed and the order status is completed.
3.2.2 Test license key
The Test license key is intended for your development or staging environment. There is no limit on number of Test license keys for one Live license keys. The Support & Updates period validity of the Test license key is the same as for the Live license key.
To get a Test license key please contact us at firstname.lastname@example.org.
3.2.3 Trial license key
A 30-day free Trial license key for the Connector can be ordered. The Trial license key is valid for 30 days from the date of ordering. After 30-day period the Connector is completely disabled. Please uninstall the Connector from your Magento store. Any unauthorized usage of the Connector after the 30-day trial period is considered as violation of the license agreement.
The procedure of Trial license key generation is the same as for Live license key. The trial version of the Connector has the same functionality as paid version, however only one selling channel is allowed to be used.
3.3 Live license key validity
3.3.1 Lifetime license key validity
The Live license key has a lifetime validity. It means that when the Live license key is activated it will never expire for the associated Server ID. The Live license key allows to download and activate the up-to-date Connector version. By default, there is a 1-month Support and Update period activated to the Live license key which allows to download the up-to date Feeds and Taxonomies collections associated to the Live license key. The Support & Update period is activated at the license activation date.
The Connector is constantly evolving to improve its functionality, the Feeds and Taxonomies are kept updated based on a channel specification. The result of this process is that there is a new Connector version release several times a year. In order to get the latest Connector version and the Feeds and Taxonomies updates the valid Support & Updates period is need (see clause 3.5).
However, even if the Support & Updates period associated with you Live license key is expired, the Connector has no limitations of its functionality.
3.3.2 Server ID
The Live license key is Magento backend URL dependent. The Live license key can be installed and activated only for one Magento installation. However, the number of websites/stores/store views running under one Magento instance is not limited.
The Live license key can be associated with Collections. One Collection is included in the Live license key price. The specific feed Collection can be selected from the Collections list during the Connector activation process. Other Collections can be purchased for an additional fee at Koongo store. List of available Feed Collections for particular countries is available at http://www.koongo.com/channels.html.
3.5 Support & Updates period
The Live license key includes 1-month of Support & Updates period (for more information see Maitenance services). Extended Support & Updates period can be purchased during the Live license key ordering process.
Within valid Support & Updates period:
- You are allowed to download and install the Connector updates.
- You are allowed to download updates of Feed layouts and Feed taxonomies.
- You have the full access to Koongo support team.
- You get notification emails with the list of new and updates Feeds and Taxonomies in your Collection.
Once the Support & Updates period has expires you are not allowed to get those benefits. However, the connector remains fully functional in terms of modification of existing export profiles or creation of new ones.
In the matter of provided support we DO NOT distinguish between paying customer and a customer evaluating the active Trial license key. Thus, for Trial license key you get the full support from Koongo support team.
3.6 Test System
You are allowed to operate a copy of the Software for testing purposes under the Test license key.
3.7 Licence Violation
In the case of serious license violation, the Licensor shall be entitled to terminate the license agreement without prior notice.
3.8 Feed Usage Tracking
The Connector tracks the usage of feeds among Koongo users. It helps us to find out which feeds are the most popular ones. If you decide to opt out from tracking, you can do it easily in connector configuration. For more information please visit the Feed Usage Tracking.
4 Right to Intellectual Property
The Software and all authorized copies of this Software that you make are intellectual property and belong to NoStress Commerce s.r.o. The structure, organisation and code of the Software represent valuable trade secrets and confidential information of the manufacturer. The Software is protected by law above all by the copyright law of the Czech Republic as well as by international contracts. With exception of the specifications at hand, this contract does not grant the licensee any intellectual ownership of the software. All rights not explicitly granted are expressly reserved for the manufacturer.
5.1 Protection Notes
Each permitted copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software of the original.
5.2 No Alterations
You may not modify, adapt, translate or create derivative works based upon the Software. You may not decompile, disassemble, carry out reverse engineering or try in another manner to determine the source code of the software, except to the extent that you may be expressly permitted to decompile under applicable law for establishing the interoperability of the software.
5.3 No Unbundling
The software may include various applications, utilities and components, may support multiple platforms and languages and may be made available to you on various storage devices and in multiple copies. The software was developed as an individual product and is made available to you as such.
It may be used solely as an individual product and in accordance with clause 3. It is not necessary that you use all the components of the software, however, the software components are not allowed to be unbundled for use on different computers. The unbundling or repackaging of software for distribution, transfer or resale is prohibited.
You may not rent, lease, sublicense, assign or transfer your rights in the Connector, or authorize all or any portion of the Connector to be copied onto the computer of another user or another legal entity, except in expressly authorized cases.
However, you are allowed to transfer the Live license key from one Magento backend URL to another Magento backend URL within the 30-day period after the Live license key order placement. For the license transfer assistance please contact us at email@example.com.
If you decide to transfer the license to a new backend URL of your Magento instance later (i.e. your Server ID changed) we encourage you to purchase a new Connector license in the Koongo Store.
If the software is an upgrade or update of a previous version then you must have a valid Support and Update period in order to be allowed to use the upgrade or update. All upgrades and updates will be placed at your disposal on the basis of a license change. You agree that by using the upgrade or update you voluntarily renounce the right to the usage of the previous version of the software. In exceptional cases you may be allowed to continue using the previous version of the software after receipt of the upgrade or update. However, only in order to facilitate the adjustment to the upgrade or update. This right will be granted only under the condition that the upgrade or the update and the previous version are installed on the same computer.
6 Warranty of Quality
For a period of 30 days from the date that you download the Software, as applicable, NoStress warrants that when properly installed and used under normal conditions, the Software will perform as advertised.
Minor deviations from the descriptions in the documentations do not justify a warranty claim. All warranty claims must be asserted within thirty (30) days according to the contract (cf. clause 6.2). Reported defects of the Software will either be repaired or replaced according to the customers choice. The bypassing or suppression of a defect counts as a permissible repair.
For return you can apply Money-back guarantee policy as specified in clause 6.5.
Reported defects of the Software after 30 days period are considers as part of Support & Updates. The Support & Updates period must be valid to solve the defects.
6.2 Reproval Obligations
In case of a defect, the licensee must make his complaint to the licensor within 7 calendar days after its detection and in a sufficiently documented and written form.
The licensee is obliged, in accordance with the terms of this contract, to take all necessary and adequate means, in particular to create a backup of the software and your computer data, in order to avoid or minimise a damage.
6.3 Liability Limitations
NoStress stipulates all liability claims insofar as legally permitted.
NoStress, in particular, does not assume liability for loss, damage, claims or costs of any kind, including consequential damage, indirect or accidental damage, lost profit or lost savings, damages resulting from an operation shutdown, personal injury or want of care or claims of third parties.
Further warranty claims of the licensee (including the right to a reduction of the license fee or compensation for damage) are expressly ruled out.
6.4 Saving of the license key and product-specific data
Every product is delivered with an individual license key. For this purpose a non-ambiguous serial number is recorded with your order and reported to us during the installation. With the conclusion of the order you expressly authorize Nostress to save this data.
6.5 Money-back guarantee
Please note that we offer 7 days money back guarantee. In case you would like to apply for that please send an email to firstname.lastname@example.org.
NoStress has the right to terminate the License immediately if licensee fails to comply with any of the terms of this Agreement. Upon termination, licensee must immediately destroy the originals and any copies of the Connector software and Documentation
8 Final Clauses
8.1 Severability Clause
If a part of the contract at hand turns out to be invalid or not enforceable, the validity and enforceability of the remaining contract will not be touched by this.
8.2 Written Form
Changes of and additions to this contract must occur in written form.
This contract or individual rights and duties resulting from this contract can only be ceased or transferred to a third party after the written consent of the other party.
8.4 Applicable Law
These regulations are subject to Czech law, with exception of the UN-Sales Convention (CISG, "Vienna Sales Convention").
8.5 Place of Jurisdiction
Prague is the exclusive place of jurisdiction for all conflicts resulting from or in connection with this contract.