End user license agreement

By purchasing any product (the "Product") of Firebear Studio GmbH (as defined below) you acknowledge that you fully understand the terms of use of the Product defined in the following Agreement (as defined below) and irrevocably agree to use the Product only on and in full compliance with the terms described below and be legally bound by the terms of this Agreement.

This End User License Agreement (the "Agreement") is entered into by you (the "User") and Firebear Studio GmbH, a legal entity incorporated in accordance with the laws of Germany, registration number HRB 79663, with its registered office at Nettelbeckstrasse 5, Duesseldorf, Germany, 40477, (the "Firebear Studio GmbH") and specifies the terms of use of the Product.

Subject to the terms of this Agreement, the User may use only one copy of the Product on one Magento installation (i.e. unlimited domains and store / store views to the extent that all of them are running as one Magento instance, can be used on unlimited number of development and staging instances) solely for his personal or business use. A license granted by this Agreement is non-exclusive and non-transferable, and cannot be sublicensed.

The User cannot sell, distribute, sublicense, rent, lease, lend the Product or documentation related to the Product or use them in other way which contradicts paragraph above.

The User cannot make the Product accessible via a public network, including for distribution purposes.

The User cannot modify or create derivative works from the Product, except those for personal use or business needs only.

The User cannot install the Product on a Magento version other than specified during purchase.

Firebear Studio GmbH retains all rights (including, but not limited to, intellectual property rights), title, and interest in and to the Product, related documentations and upgrades.

The User recognizes that the Product and its components are protected by copyright and other laws, and in case of a breach of the Agreement (including by non-compliance with the terms of use set out in this Agreement) or any other applicable rules and laws the User will be liable according to the applicable laws.

SUPPORT

Firebear Studio GmbH provides the User with free support related to the Product within 1 (one) year following the purchase of the Product (the "Support Period").

Upon expiry of the Support Period the further support may be purchased by the User according to commercial terms set out by Firebear Studio GmbH.

Firebear Studio GmbH does not provide the User with support in case when the Product`s code was modified or otherwise changed by the User.

The User may report all bugs by sending Firebear Studio GmbH an email.

UPGRADES

Firebear Studio GmbH provides the User with upgrades (the "Upgrades") related to the Product within the Support Period, if such Upgrades will be developed by Firebear Studio GmbH (i.e. the User is entitled to download for free each new release of the Product within the Support Period).

Upon expiry of the Support Period the further upgrades may be purchased by the User according to commercial terms set out by Firebear Studio GmbH.

REFUND

The User may request a refund of the Product`s price paid by him to Firebear Studio GmbH within 30 days following the purchase of the Product (the "Refund Period").

To request the refund, the User must remove the Product from its store, servers, computers and etc. and provide Firebear Studio GmbH with a confirmation of such removal by sending email.

After receiving the confirmation of such removal, Firebear Studio GmbH performs such refund within 7 business days.

The request received by Firebear Studio GmbH Upon expiry of the Refund Period will be rejected.

LIABILITY

Firebear Studio GmbH, its employees, agents or distributors shall not be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, the Product or the use or inability to use the Product.

Firebear Studio GmbH shall not be liable for any prosecution arising out of the use of the Product for any illegal use or otherwise.

Without prejudice to the above, the aggregate liability of Firebear Studio GmbH under or in relation to this Agreement, without exceptions, is limited to the amount of price paid by the User to Firebear Studio GmbH for the Product.

MISCELLANEOUS

Firebear Studio GmbH may revise the terms of use of the Product from time to time.

Firebear Studio GmbH may transfer, sub-contract or otherwise deal with its rights and/or obligations under this Agreement without notifying the User or obtaining his consent. The User may not transfer, sub-contract or otherwise deal with his rights and/or obligations under this Agreement.

In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfil its intended purpose to the maximum extent permitted by the applicable laws, and the remaining provisions of this Agreement will continue in full force and effect.

APPLICABLE LAW AND DISPUTE RESOLUTION

This Agreement and all obligations arising out in connection with this Agreement and/or the Product is governed by German law.

The Parties agrees to resolve all disputes related to or arising out of this Agreement by way of negotiations. If any dispute is not resolved within 30 days, such dispute shall be settled exclusively by applicable court (-s) of Germany.

TERMINATION

Firebear Studio GmbH may terminate this Agreement for any reason in its sole discretion. Any failure to comply with the terms of this Agreement will result in automatic and immediate termination of the Agreement, in which case the User shall immediately cease use of the Product and the Product from its store, servers, computers. Such termination shall not oblige Firebear Studio GmbH to return any amounts received from the User.

The User shall be entitled to terminate this Agreement at any point by destroying all copies of the Product.