Version No. 1 dated January 10, 2023
LICENSE AGREEMENT-OFFER
This License Agreement (hereinafter referred to as the “Agreement”) is an offer of the Licensor addressed to the user (any individual or legal entity), hereinafter referred to as the Licensee. This Agreement is recognized as concluded from the moment of its acceptance by the Licensee. Acceptance for the purposes of this Agreement means the fact of payment by the Licensee for the License (any of the goods).
Before purchasing and using a copy of the Software, the Licensee must carefully read the terms of this Agreement. Obtaining the right to use and use by the Licensee of the Software is permitted only in case of full and unconditional acceptance by the Licensee of all the terms of this Agreement. By acquiring the right to use the Software, the Licensee confirms its acceptance of the terms and conditions set forth in this Agreement and undertakes to comply with them.
1. Terms and definitions
The following terms and definitions are used in this License Agreement:
PrestaShop CMS is an open source e-commerce web application.
The Licensor is the owner of all copyrights (exclusive property and non-property) to the Software. Information about it is specified in paragraph 10 of this Offer.
Licensee - a legal or natural person or an individual entrepreneur who has received a license for the Software.
Software, software is the result of intellectual activity, a set of program codes that solves certain tasks of changing both the functionality and the appearance of the Licensee's website. Within the framework of this Offer, we are talking mainly about Templates and Modules for cms PrestaShop .
A license is a legal instrument that governs the use and distribution of copyrighted software (program code and design). It grants the Licensee a non-exclusive right to use the Software transferred to the Licensee by the Licensor in accordance with this Agreement.
License Key - a specific set of characters that identifies the License in the Licensor's system.
Licensor 's website — Website https://ewonta.ru/
Offer - this Agreement, posted on the telecommunications network "Internet" at the address "https://ewonta.ru/content/13-dogovor-offerta", which is a public offer of the Licensor, which is concluded by accepting the terms of the Agreement as a whole by the Licensee. The terms of this Agreement are the same for all Licensees and cannot be changed by the Licensee.
Acceptance - the provision by the Licensee of full and unconditional consent to the terms of this Agreement. The Licensor's offer is considered accepted (accepted) by the Licensee and this Agreement is considered concluded at the moment of full payment by the Licensee for the right to use the Software under the terms of this Agreement.
A module is a voluminous embedded part of the program code responsible for certain functionality in an online store. Within the framework of this agreement, we are talking about modules on cms PrestaShop .
Template - a set of web pages with a ready-made design and layout for integration with the online store platform. Within the framework of this agreement, we are talking about templates on cms PrestaShop .
2. Subject of the contract
2.1. The subject of this Agreement is the transfer by the Licensor of non-exclusive rights to use the Software to the Licensee on the terms of a simple (non-exclusive) license by providing the Software and the License Key, and the Licensee undertakes to pay the Licensor the remuneration stipulated by the Agreement.
2.2. This Agreement shall enter into force on the day the Licensee makes full payment for the cost of the right to use the Software in the manner and on the terms provided for in this Agreement.
2.3. The software is developed using the following programming languages: PHP, HTML, JS, CSS. The list of modules, sections, functions and technical capabilities of the Software depends on the name of the software purchased by the Licensee, as well as its versions and modifications, they are indicated on the official website of the Licensor.
2.4. The Licensee is not entitled to transfer the right to use the Software to third parties.
2.5. The Software is not sold to the Licensee, but is provided to him for use under the terms of this License Agreement. The Licensor remains the owner of the Software and retains all of its rights in connection with such ownership.
2.6. The license issued to the Licensee under this Agreement is a simple (non-exclusive), personal, non-transferable. The Licensor reserves the right to issue licenses to other persons on terms both similar to this License Agreement and different from it.
3 . Execution of the contract
3.1. The Licensor shall provide the Licensee with a non-exclusive License within 7 (seven) working days from the receipt of payment for the License.
3.2. The Licensee is obliged to use the Software only in the ways provided for in this Agreement and in accordance with the restrictions determined by the License.
3.3. The Licensee is provided with technical support regarding the use of the Software within 3 months from the date of receipt of payment for the License.
4. Rights and obligations of the parties
4.1. During the term of this Agreement, the Licensee undertakes:
Do not modify the source code of the Software;
· not transfer the Software, the License and the License Key to third parties;
· do not publish the Software in whole or in part, the License and the License Key with the ability to access information of third parties;
· not to provide for rent, lease or temporary use of the Software, the License and the License key;
4.2. During the term of this Agreement, the Licensor undertakes:
· within 7 (seven) days from the date of entry into force of this Agreement and the transfer of a copy of the Software to the Licensee, eliminate all significant shortcomings found by the Licensee in the Software that are related to the inability to use the Software or its individual components for their functional purpose;
· provide technical support within 3 months from the date of transfer of rights to use the Software to the Licensee.
4.3. The Licensor has the right to update the Software without prior notice, change the set of functions, appearance and logic of the Software.
4.4. The Licensor may change the cost of purchasing new Licenses without prior notice to the Licensee. The price change does not affect Licenses purchased prior to the price change.
5. Procedure for settlements and transfer of rights
5.1. To purchase the License, the Licensee places an order on the Licensor's Website. The Licensee pays the Licensor a license fee for the right to use the Software in accordance with the selected parameters of the License.
5.2. The Licensee pays for the Goods or Services by transferring to the Licensor 100% of the amount indicated on the Site, in any way convenient for him.
5.3. The Licensor undertakes to transfer the right to use the Software (to add the License Key and Software files to the Personal Account) within 7 (seven) working days from the date of receipt of payment for the License to the Licensor's account.
5.4. If within 7 (seven) days from the date of payment for the License, the Licensor has not received a written claim from the Licensee to the e-mail sale @ ewonta .ru related to the scope of the rights granted, it is considered that the non-exclusive right to use the Software has been granted to the Licensee in full properly.
6. Liability of the parties
6.1. For non-performance or improper performance of this Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation.
6.2. The Licensor does not reimburse the Licensee and/or third parties for losses incurred in connection with the use and/or inability to use the Software, disclosure of information to third parties in connection with the use of the Software, and other losses directly or indirectly related to the use and/or inability to use the Software, including (but not limited to) lost profits.
6.3. The Licensee is responsible for compliance with the current legislation of the information transmitted by the Licensee using the Software. In case of claims of third parties against the Licensor related to the content of the transmitted information, the Licensee independently and at its own expense undertakes to settle such claims, as well as compensate the Licensor for the losses caused.
6.4. In case of detection of violations of the current legislation and in the presence of relevant orders from law enforcement and other authorized state bodies and officials, the Licensor reserves the right to restrict the Licensee's access to the Software by sending the appropriate written notification to the Licensee by e-mail.
6.5. Licensee uses the Software at his own risk. The software is provided "as is". The Licensor assumes no responsibility, including for the compliance of the Software with the objectives of the Licensee.
6.6. Any information and / or materials (including downloadable software, files, letters, any instructions and guides for action, etc.) that the Licensee gets access to using the Software, the Licensee can use at his own peril and risk and is solely responsible for the possible consequences of using the specified information and / or materials, including for the damage that this may cause to the computer of the Licensee and / or third parties, for loss of data or any other harm.
7. Validity, modification and termination of the contract
7.1. This Agreement shall enter into force upon acceptance of the terms of this Agreement by the Licensee.
7.2. The Parties may terminate this Agreement by mutual agreement or on the grounds provided for by the legislation of the Russian Federation.
7.3. Either Party has the right to unilaterally terminate this License Agreement by notifying the other Party by sending a notice 30 (thirty) days in advance by electronic means.
7.4. The Licensor has the right to amend the terms of this Agreement by publishing a new text of the Agreement on the Website without notifying the Licensee.
7.5. If the Licensee violates the terms of this Agreement, the Licensor has the right to terminate the agreement ahead of schedule, immediately block access to the Goods and cancel the License Key without prior notice to the Licensee.
8. Force majeure circumstances (force majeure)
8.1. The Parties are released from liability for full or partial failure to fulfill obligations under this Agreement, if such was the result of force majeure circumstances, namely: DDoS attacks, fire, flood, earthquake, sabotage, military operations or changes in legislation, if these circumstances directly affected the fulfillment of obligations by the certain agreement. At the same time, the deadline for fulfilling obligations under this Agreement is postponed in proportion to the time during which such circumstances were in effect.
8.2. The Licensor must, within ten days, by e-mail specified during registration, notify the Licensee of the beginning and end of force majeure circumstances that prevent the fulfillment of obligations under this Agreement.
8.3. The Licensee shall within ten days by e-mail sale @ ewonta .ru of the Licensor about the beginning and end of force majeure circumstances that prevent the fulfillment of obligations under this Agreement.
8.4. If force majeure circumstances make it impossible to fully or partially fulfill obligations under this Agreement for more than 3 (three) months in a row, then each of the Parties has the right to terminate this Agreement unilaterally out of court by sending a notification to the other Party 15 (fifteen) calendar days before the expected date termination of the Agreement.
9. Final provisions
9.1. If any of the terms or conditions of the Agreement is found by any court or administrative authority of competent jurisdiction to be invalid or unenforceable, this will not affect the validity or/enforceability of any other provisions or conditions of the Agreement, which remain thereafter in full force and effect, unless otherwise not provided for by the legislation of the Russian Federation.
9.2. Everything that is not regulated by this Agreement is regulated in accordance with the legislation of the Russian Federation.
9.3. The terms of this Agreement shall apply, unless otherwise provided by written agreement of the parties.
9.4. The Licensor has the right to refuse to conclude the Agreement at any stage before and / or after payment without giving reasons and notifying the user.
10. Details of the Licensor
TIN 371800643622
Email address: sale@ewonta.com
