Terms of service
This End User License Agreement (the “Agreement”) is a binding legal agreement between you and TripsCommerce (the “Author”). By using TripsCommerce (the “Software”), you agree to be bound by the terms of this Agreement. If you do not agree to the Agreement, do not use the Software. Use of the Software signifies that you have read, understood, and agreed to be bound by the Agreement.Usage
This Agreement grants a non-exclusive, non-transferable license to use the Software on a single Website. Additional Software licenses must be purchased in order to use the Software on additional Websites. The Author reserves the right to determine whether use of the Software qualifies under this Agreement. The Author owns all rights, title and interest to the Software (including all intellectual property rights) and reserves all rights to the Software that are not expressly granted in this Agreement.Restrictions
You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.
You may not:
- Distribute derivative works based on the Software and other add-ons to the Software written and published by the Author;
- Reproduce the Software except as described in this Agreement;
- Sell, assign, license, disclose, distribute, or otherwise transfer or make available the Software or its Source Code, in whole or in part, in any form to any third parties;
- Remove or alter any proprietary notices on the Software.
THE SOFTWARE IS OFFERED ON AN “AS-IS” BASIS AND NO WARRANTY, EITHER EXPRESSED OR IMPLIED IS GIVEN. THE AUTHOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.
Term, Termination, and Modification
You may use the Software under this Agreement until either party terminates this Agreement as set forth in this paragraph. Either party may terminate the Agreement at any time, upon written notice to the other party. Upon termination, all licenses granted to you will terminate, and you will immediately uninstall and cease all use of the Software. The Sections entitled “No Warranty,” “Indemnification,” and “Limitation of Liability” will survive any termination of this Agreement.
The Author may modify the Software and this Agreement with notice to you either in email or by publishing content on the Software website, including but not limited to changing the functionality or appearance of the Software, and such modification will become binding on you unless you terminate this Agreement.
By accepting the Agreement, you agree to indemnify and otherwise hold harmless the Author, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE AUTHOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE AUTHORS’S TOTAL CUMULATIVE DAMAGES EXCEED THE FEES YOU PAID TO THE AUTHOR UNDER THIS AGREEMENT IN THE MOST RECENT TWELVE-MONTH PERIOD.
Definition of Website
A “Website” is defined as a single domain including sub-domains that operate as a single entity. What constitutes a single entity shall be at the sole discretion of the Author.
Definition of Source Code
Definition of an Update
An “Update” of the Software is defined as that which adds minor functionality enhancements or any bug fix to the current version. This class of release is identified by the change of the revision to the right of the decimal point, i.e. X.1 to X.2
Definition of an Upgrade
An “Upgrade” is a major release of the Software and is defined as that which incorporates major new features or enhancement that increase the core functionality of the software. This class of release is identified by the change of the revision to the left of the decimal point, i.e. 4.X to 5.X
Upgrades are available to customers who have purchased a support license in accordance with the license they have purchased. The assignment to the category of Update or Upgrade shall be at the sole discretion of the Author.