END USER LICENSE AGREEMENT
This End User License Agreement ("Agreement") is entered into by and between you, the individual or entity ("Licensee"),
and element119 for element119 software products or services ("Products"). By purchasing, installing, copying,
downloading, or otherwise using the Products, you acknowledge that you have read this Agreement and agree to be bound by
the terms outlined herein.

TL;DR
1. You must purchase a license for each publicly accessible Magento Open Source or Adobe Commerce installation.

2. You cannot redistribute or reproduce any part of the products or services, in any form, alone or as a part in any
   other product or service, either commercially or open source.

3. element119 are under no obligation to provide support relating to customisations or any given combination of other
   products or services.

4. Products and services are provided "as is" and without warranty. element119 will not be liable for losses or damages
   of any kind.

TERMS AND CONDITIONS
1. License
    1.1. Subject to the Licensee's payment of the applicable fees and to the Licensee's compliance with other terms and
    conditions of this Agreement, element119 grants the Licensee a non-transferable, non-assignable, non-sublicensable,
    worldwide license to copy the Products for the purpose of installing and using it on a single production Magento
    Open Source or Adobe Commerce installation.

    1.2. In the event that the Licensee should exceed the installation limit of once per production installation, the
    Licensee shall promptly provide element119 with written notice and pay element119 the fees required to license such
    additional Products.

    1.3. The Licensee shall implement reasonable controls to ensure that it does not exceed the maximum number of
    licensed installations of the Products.

    1.4. element119 shall provide to the Licensee an initial copy of the Products, including the associated technical
    documentation, for use by the Licensee in accordance with this Agreement. Subject to Sections 1.1 - 1.3 above, the
    Licensee is authorized to make a reasonable number of non-production copies of the Products, e.g., onto a local PC
    or other testing environment, as it requires for the purpose of exercising its rights under this Agreement.

    1.5. The Licensee is authorized to use the Products on a single substitute or backup server on a temporary basis
    without charge any time a designated server is inoperative due to a malfunction beyond the control of the Licensee.

    1.6. The Licensee acknowledges that portions of the Products may also be freely available to the public as part of
    open source software or other element119 Products, with limited warranties and other limited assurances, and without
    service or support.

    1.7. element119 also grants the Licensee the right to modify and create derivative works of the Products. The
    Licensee may contribute the rights in any of those derivative works back to element119. Regardless of whether the
    Licensee contributes such derivative works rights to element119, the Licensee hereby grants element119 a perpetual
    and irrevocable (irrespective of the expiration or termination of this Agreement), nonexclusive, transferable,
    worldwide, and royalty-free license to reproduce, create derivative works of, distribute, perform, and display any
    derivative works of the Products developed by or for the Licensee, and to use, make, have made, sell, offer to sell,
    import, export, and otherwise exploit any product based on any such derivative works.

    1.8. element119 reserves the right to modify the Agreement and impose any of its clauses at any time.

2.  License Exclusions
    2.1 Except as expressly authorized herein, the Licensee shall not distribute, sublicense, disclose, market, rent,
    lease, or offer remote computing services, networking, batch processing or transfer of, the Products to any third
    party, or permit any person or entity to have access to the Products by means of a time sharing, remote computing
    services, networking, batch processing, service bureau or time sharing arrangement.

    2.2. No license, right or interest in any element119 trademark, trade name or service mark is granted hereunder.

3.  Fees and Payment Terms
    The Licensee agrees to the fees and payment terms that are described in each Product transaction executed by the
    Licensee.

4. Refunds
    4.1. The Licensee has the right to request a refund for up to 14 days following the purchase of the Products.

    4.2. Fees for any subscription service, installation service, custom development service, or any other intangible
    Products are non-refundable after they have been provided to the Licensee.

5.  Warranty
    5.1. element119 does not warrant that the Products will meet the Licensee's requirements, that the Products will
    operate in the combinations which the Licensee may select for use, that the operation of the Products will be
    uninterrupted or error-free, or that all error conditions will be corrected. Except as provided in this section all
    Products provided hereunder are provided "as is".

    5.2. The express warranties set forth in this section are the only warranties made by element119 with respect to the
    Products provided by element119. element119 makes no other warranties, express, implied, or arising by custom or
    trade usage, and, specifically, makes no warranty of title, non-infringement, accuracy, merchantability, or fitness
    for any particular purpose. element119's express warranties shall not be enlarged, diminished, or affected by, and
    no obligation or liability shall arise from, element119 rendering technical or other advice or service in connection
    with the Products.

6.  Limitation of Liability
    Under no circumstances will element119 be liable for loss of revenue, loss of actual or anticipated profits or
    savings, loss of contracts, loss of the use of money, loss of business, loss of opportunity, loss of goodwill, loss
    of reputation, loss of or damage to data, or consequential or indirect loss of any kind.

    In no event shall the authors or copyright holders be liable for any claim, damages, or other liability, whether in
    an action of contract, tort, or otherwise, arising from, out of or in connection with the Products or the use or
    other dealings with the Products.

7.  Support Services Terms and Conditions
    element119 will have no obligation to provide support for any modifications or derivative works of the Products
    developed by anyone other than element119.

8. Customer References
    The Licensee hereby grants element119 the right to display the Licensee's logos as part of element119's customer
    lists and other related marketing materials.

9. Termination
    9.1. element119 has the right to terminate the Agreement with immediate effect by providing a written notice to the
    Licensee. In the event of any violations of the Agreement, element119 immediately terminates the Agreement.

    9.2. Immediately following the termination of this Agreement, the Licensee must remove or uninstall all copies of
    the Products from any and all computers or storage devices on which it is stored.

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Last modified: 19/12/22
