PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the modules, themes, their associated upgrades, updates and related services (the “Product”) currently provided or which will be provided by PrestaHero, (collectively referred to as “PrestaHero").
This EULA sets out the basis on which PrestaHero makes the Products available to you (“User” or ”You”) and on which You may use them. PrestaHero’s Privacy Policy (“Privacy Policy”) forms an integral part of this EULA. By installing or using the Product, You agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all times. If You do not agree with one of these, please do not install or use the Product.
If You have a PrestaHero Account which can be found on “Terms and Conditions”, this EULA shall coexist with, and shall not supersede, the Terms and Conditions. To the extent that the provisions of this Agreement conflict with the provisions of the Terms and Conditions, the conflicting provisions in the Terms and Conditions shall govern.
1. GRANT OF LICENSE.
1.1 PrestaHero (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or PrestaHero terminates this EULA.
You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a license to do so from PrestaHero. Updates, upgrades and modifications may be necessary in order to be able to continue to use the Product on certain platforms.
As applicable, certain parts of the Product may be using third-party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms: for instance, if the Product is featuring a social login application, then You must comply with the associated API Terms of Use when using the Product). Please review such additional terms and costs carefully.
1.2 You shall not, directly or indirectly:
- (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially,
- (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except if the Product enables You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply Terms of Use), in whole or in part;
- (iii) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product
- (iv) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
1.3 While using the Product, You agree to comply will all applicable laws, rules and regulations. In all cases, You may only use the Product according to the anticipated use of the Product.
For example purposes, and without limiting PrestaHero’s rights to take action against You, You may not:
- a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
- b. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organize, participate in or be involved in any way in an attack on PrestaHero’s servers and/or the Product and/or those of its service providers and partners;
- c. create, supply or use alternative methods of using the Products, for example server emulators;
- d. spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;
- e. transmitting or communicating any material or content which, in the sole and exclusive discretion of PrestaHero, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
2. OWNERSHIP.
All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, all messages or items of information and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by PrestaHero or its licensors.
This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
3. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.
You expressly acknowledge that use of the product is at your own risk. To the fullest extent permissible under applicable law, the product is supplied on an “as is” and “as available” basis.
PrestaHero and associated service providers do not make and hereby disclaim any guarantees, conditions, warranties of any kind, express, implied or statutory or other terms including as to:
- (a) its conformity, accuracy, completeness, reliability or security
- (b) its suitability for a particular use;
- (c) implied warranties of title, non-infringement;
- (d) its market value;
- or (e) your satisfaction.
PrestaHero does not warrant that the product will be uninterrupted or error-free, that defects will be corrected, or that the product is free of viruses or other harmful components. You assume all responsibility for selecting the product to achieve your intended results, and for the installation of, use of, and results obtained from the product.
Notwithstanding the aforementioned limitations of liability, your sole remedy in the event of a dispute with PrestaHero or its licensors, channel partners and associated service providers is to cease to use the product; and if applicable, seek damages for your losses.
For any product purchased for use on a compatible mobile terminal that would not meet the applicable legal warranties, PrestaHero’s liability is limited to the refund (directly or indirectly through its channel partners or associated service providers) of the purchase price of the product.
4. TERMINATION.
The EULA is effective from the earlier the date You purchase, download or use the Product, until terminated according to its terms. You and PrestaHero (or its licensors) may terminate this EULA, at any time, for any reason.
Termination by PrestaHero will be effective upon (a) notice to You or (b) termination of Your PrestaHero Account (if any) or (c) at the time of PrestaHero’s decision to discontinue offering and/or supporting the Product.
This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
5. CHANGES TO THIS EULA OR TO THE PRODUCT.
PrestaHero reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You.
You can review the most current version of this EULA by clicking on the “License agreement” link located on prestahero.com. You are responsible for checking this EULA periodically for changes.
If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 4 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
For any questions concerning this EULA, you may contact PrestaHero at the following address: [email protected].