Please read this software license contract carefully. By buying, downloading, installing, using or copying the software in parts or as a whole, you accept all the conditions of this contract.
This contract is enforceable towards the licensee and every other person who has received this software and for whom the software is being used.
All rights for the intellectual property and licensing of the software belong to Seven Lakes Ltd. (“eu.automate-my-store.com”; in the following “Automate My Store” or licensor) The software is licensed not sold. Automate My Store only allows you to download, copy, install, and use the functionalities and the intellectual property of the software as specified within the terms of the contract. The software is not & does not contain GPL software. The License Agreement is an addition to the Terms & Conditions accepted by the customer on order placement .
Automate My Store plugins are only licensed to registered businesses and may only be used by its employees incl. employed freelancers.
Should you use the plugin without pre-purchasing a license from eu.automate-my-store.com, you agree to purchase a 10-year usage license, which excludes support and updates. The price for it is 10 times the price of a 1-year license for the plugin as sold on eu.automate-my-store.com or it's subdomains. It is payable by bank transfer within 10 days from the date the licensor sent you an email with an invoice & payment details. The licensee is responsible for any bank charges, legal costs and costs of debt collection of his account.
Should you withhold or withdraw your consent to use processing your personal information as required to ensure the operation and safety of provided services and products or you breach these terms, your use may be suspended or terminated.
Without limiting our liability limitation provisions below, you waive any claims you may have against us or our associates in the event we deny you use of our services or products where you have breached these terms or otherwise failed to fulfill your obligations to the Provider.
The licensor distributes the computer programs purchased on eu.automate-my-store.com as well as the corresponding user documentation in the form of machine-readable object code. He is entitled to grant rights of use to the software and to the user documentation.
The licensee intends to use the software and to purchase the rights of use in correspondence with this license agreement.
The licensor and the licensee (together with the “parties”), therefore, agree to the following:
“Automate My Store” stands for eu.automate-my-store.com operated by Seven Lakes Ltd. headquartered in Hong Kong, hereinafter referred to as licensor.
“Computer” stands for a computer device which records information in digital or similar form and can convert a specific result according to an instruction sequence.
The “License” means the number of installations for a number of domains, for which this software may be used. The License “Single Site” refers to one (1) installation for one (1) domain, “5 sites” one (1) installation each for five (5) domains. “25 sites” one (1) installation for (25) domains.
“Software” covers the entire delivered information which can be downloaded in the shop after an order is placed.
Provided that you have obtained the software with Automate My Store and provided that you comply with the conditions of this contract, Automate My Store grants you a non-exclusive license, unlimited in time for the usage of the software in the manner of and for the purposes specified in the documentation according to the subsequent regulations.
The rights of use will be specified and substantiated in point 5.
You are allowed to install and use a copy of the software on compatible computers up to the permitted number, as specified in point 2.3
You are entitled to create a backup for the software under the condition that this backup will not be installed and used on any computer. A transfer of the right to creating a backup is not permitted unless all rights to the software, in accordance with clause 5.4. of this contract, are transferred and the software is no longer being used by the former licensee.
You are allowed to operate a copy of the Software for testing purposes on one (1) test system for a limited time.
The software and all authorized copies of this software that you make are intellectual property and belong to Automate My Store. The structure, organization, and code of the software represent valuable trade secrets and confidential information of the licensor. The software is protected by law above all by the copyright law of the Hong Kong SAR & Swiss Federation as well as by international contracts. With the exception of the specifications at hand, this contract does not grant the licensee any intellectual ownership of the software. All rights not explicitly granted are expressly reserved for the licensor.
Each permitted copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software of the original.
You may not modify, adapt, translate, or create derivative works based upon the Software. You may not decompile, disassemble, carry out reverse engineering or try in another manner to determine the source code of the software, except to the extent that you may be expressly permitted to decompile under applicable law for establishing the interoperability of the software. Any modification of the plugin is forbidden, unless with written permission from the licensor. Disabling the code or communication of the plugin with our servers, which is responsible for registering or updating, via third party code, hooks or configurations is forbidden.
You must not directly or indirectly use the Software to create services, programs or documentation that use a similar functionality as the Software.
The software may include various applications, utilities, and components, may support multiple platforms and languages and may be made available to you on various storage devices and in multiple copies. The software was developed as an individual product and is made available to you as such.
It may be used solely as an individual product and in accordance with clause 3. It is not necessary that you use all the components of the software, however, the software components are not allowed to be unbundled for use on different computers. The unbundling or repackaging of software for distribution, transfer or resale is prohibited.
You may not rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto the computer of another user or another legal entity, except in expressly authorized cases.
However, you are allowed to transfer all your rights of use to the software onto another natural or legal person under the conditions that:
You transfer your entire contract and the licenses, including all the copies, upgrades, updates and previous versions
You do not retain any upgrades, updates, and copies, including the backup and other copies which might be saved on a computer.
The recipient accepts the conditions of this contract as well as other conditions based on which you have acquired an effective software license.
If the software is an upgrade or update of a previous version then you must have a valid license for the previous version in order to be allowed to use the upgrade or update. All upgrades and updates will be placed at your disposal on the basis of a license change. You agree that by using the upgrade or update you voluntarily renounce the right to the usage of the previous version of the software. In exceptional cases, you may be allowed to continue using the previous version of the software after receipt of the upgrade or update. However, only in order to facilitate the adjustment to the upgrade or update. This right will be granted only under the condition that the upgrade or the update and the previous version are installed on the same computer.
All licenses purchased include access to all updates to the Software published within 1 year from the date of purchase.
For 30 days after receipt of the software Automate My Store grants all licensees, who are first-time receivers of a license for the use of software on computers in accordance with the conditions of this contract, that the software is essentially capable of carrying out the functions specified in the documentation, provided it is used with the recommended operating system and the hardware configuration.
Minor deviations from the descriptions in the documentations do not justify a warranty claim. All warranty claims must be asserted within thirty (30) days according to the contract (see 6.2). If the software does essentially not fulfill the functions specified in the documentation, there is the possibility to return the product within the warranty period. Reported defects of the software will either be repaired or replaced according to the customer's choice. The bypassing or suppression of defect counts as a permissible repair.
In case of a defect, the licensee must make his complaint to the licensor within 7 calendar days after its detection and in a sufficiently documented and written form.
The licensee is obliged, in accordance with the terms of this contract, to take all necessary and adequate means, in particular, to create a backup of the software and your computer data, in order to avoid or minimize a damage.
Automate My Store stipulates all liability claims insofar as legally permitted.
Automate My Store, in particular, does not assume liability for loss, damage, claims or costs of any kind, including consequential damage, indirect or accidental damage, lost profit or lost savings, damages resulting from an operation shutdown, personal injury or want of care or claims of third parties.
We are not liable to you for any direct or indirect losses and/or expense suffered by you arising out of a breach by us of these terms, including our negligence in the delivery of the services.
We do not take any liability and do not provide any guarantee for the availability and functionality of 3rd party services, 3rd party or our own APIs used or required for the use of the Software. We explicitly disclaim all liability for any content sent through the application, to any user by some other methods, or by any individual, including your reliance on such content.
Further warranty claims of the licensee (including the right to a reduction of the license fee or compensation for damage) are expressly ruled out.
Upon installation & update, your domain and admin email address are recorded and reported to us. With the conclusion of the order, you expressly authorize Seven Lakes Ltd. to save this data.
If a part of the contract at hand turns out to be invalid or not enforceable, the validity and enforceability of the remaining contract will not be touched by this.
Changes of and additions to this contract must occur in written form.
This contract or individual rights and duties resulting from this contract can only be ceased or transferred to a third party after the written consent of the other party, except the transfer of the Intellectual Property and licensor rights from the licensor to a third party.
We reserve the right to terminate your use of and access to the Provider's products and services if we determine in our sole discretion that your use violates these terms.
These regulations are subject to Hong Kong. The UN-Sales Convention (CISG, “Vienna Sales Convention”) does not apply.
Hong Kong is the exclusive place of jurisdiction for all conflicts resulting from or in connection with this contract.