This Agreement governs the relationship between Developer, a Business Entity, (hereinafter: Licensee) and nTech, a duly registered company in whose principal place of business is Latvia, Riga (hereinafter: Licensor).
This Agreement sets the terms, rights, restrictions and obligations on using Gridifier (hereinafter: The Software) created and owned by Licensor, or its Modifications (hereinafter: Modifications) as detailed herein.
Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable, Perpetual, Including the rights to create commercial software applications, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.
Limited: Licensee may use Software for the purpose of:
This license is granted perpetually, as long as you do not materially breach it. Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
Licensor reserves all right not expressly granted to Licensee in this Agreement. Without limiting the generality of the foregoing, Licensee acknowledges and agrees that:
You may not, without Licensor prior written consent, redistribute the Software or Modifications other than by including the Software or a portion thereof within Your own product, which must have substantially different functionality than the Software or Modifications and must not allow any third party to use the Software or Modifications, or any portions thereof, for software development or application development purposes.
You are explicitly not allowed to redistribute the Software or Modifications as part of any product that can be described as a library or development toolkit, a website builder, an application builder or any product that is intended for use by application, software, website developers or designers.
The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee :
Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software.
Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee, via Credit-Card, PayPal or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.
Licensee is responsible to pay any local taxes imposed by law of the Licensee's home country related to the purchase of ordered Software. Invoices from Licensor do not include taxes, and a Licensee cannot withhold any parts of the invoice amounts as payment of taxes.
To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services.
Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code.
Licensee warrants that he inspected The Software according to clause 7(c) and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.
Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion.
Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor.
Licensor shall provide any update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.
Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in The Software.
Licensee may request additional features in Software, provided, however, that
This Agreement shall be governed by the laws of the Republic of Latvia. Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.
Any disputes arising between the Licensor and Licensee in relation to the compliance with the terms and conditions hereof including any issues concerning the validity or termination of this Agreement shall be first addressed by means of negotiations.next: Community prev: License