This Agreement comes into effect from the moment of payment for purchasing of the Software by acquiring a license for the Software from our Website (“Website”) or the Magento Marketplace («Marketplace»).
By purchasing the Software, the Customer acknowledges that they have read this Agreement, agree to the content of the Agreement and its terms, and agree to use the Software in compliance with this Agreement.
Daniel Navarro is the sole intellectual property and copyright holder of the Software. All now known or hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to the Software, all logical and technical components of Software constituting integral parts of such Software, including but not limited to object and source code, technical documentation, algorithms, databases, UI design components, images, videos, animations, audio, text, data are owned by Daniel Navarro.
The Software or a portion of it is intellectual property of Daniel Navarro and a copyrightable matter and is liable to protection by the law. Any Customer activities that infringe this Agreement, violate the intellectual property right and copyright and will be prosecuted in accordance with the applicable law.
According to the present Agreement, Daniel Navarro grants the Customer a revocable, non-exclusive, non-transferable, worldwide, limited license to download, install, customize and use the Software for their personal/business needs and purposes in accordance with this Agreement for the period of validity of this Agreement.
For the avoidance of doubt, the Agreement constitutes the licensing for the original code base of the Software, meaning the version of the Software available on the Magento Marketplace at the moment the Agreement is concluded.
For the avoidance of doubt, the Agreement does not transfer the intellectual property right and/or the Copyright of Daniel Navarro to the Customer.
For the avoidance of doubt, the Agreement does not permit to transfer the license between Customers.
This Agreement grants the Customer the right to use one copy of the Software per one Magento installation in accordance with the terms of the Agreement.
The Customer agrees and accepts that the number of licenses purchased from Daniel Navarro must at all times correspond to the number of Customer’s Magento installations.
Withdrawal From the License Agreement
The Customers with the status of a consumer are entitled to withdraw from the Agreement concluded by electronic means within fourteen (14) days after the Agreement has been concluded between the Customer and Daniel Navarro.
The Customer – consumer may withdraw from the Agreement by means of a written notice sent by email.
In case the customer – consumer withdrawals from the Agreement within the term stipulated in clauseof the Agreement, Daniel Navarro will credit the purchase price of the Software to the customer by the same payment means, which were used by the Customer in order to pay the price of the Software. The Customer shall stop using the Software and shall uninstall it from Customer’s servers immediately.
Daniel Navarro offers to its Customers a thirty (30) day money-back guarantee for the Software. The Customer may require repayment of the price of the Software by submitting a corresponding request to Daniel Navarro and stating the reason for the refund during thirty (30) days after the Agreement was concluded. To avoid any doubts, fees for support subscriptions, recurring payments for product and/or support subscription (second and further payments), and any services provided by Daniel Navarro are not refundable.
Regarding the right of the Customers – consumers to withdraw from the Agreement within the term of fourteen (14) days after the Agreement was concluded, the refund policy hereunder shall be understood as extension of such right of customers – consumers. The first fourteen (14) days of the refund policy start and run simultaneously with the fourteen (14) days during which the customer – consumer is entitled to withdraw from the Agreement.
The refund policy hereunder applies only in case the Customer purchases the Software through the Website.
Within the refund policy, the Customer is entitled to require refund (repayment) of monetary funds (money) and their direct equivalent (non-expirable store credits) paid for the Software only.
The Customer is not entitled to require refund (repayment) of the price of the Software in case the Customer violates Agreement.
The Customer agrees and accepts that they will not use the Software for any purposes other than their personal and/or business use and in strict accordance with the present Agreement.
The Customer shall not give away, license, sub-license, sell, rent, lease, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software and Documentation, or make the whole Software or Documentation or part of it available to any third parties, including in the form of a resellable customized solution.
The Customer must not publish the source code of the Software or in any other way make it available to the wide public. Except as explicitly set forth in this Agreement, not to discover the technology, decompile and disassemble the Software, decrypt and perform other actions with the object code of the Software, including obtaining information on the implementation of algorithms used in the Software.
Term and Termination
This Agreement shall be effective from the moment of payment for the purchasing of the Software and remains effective until terminated by the Customer or Daniel Navarro.
The Customer may withdraw from the license in cases and following the provisions of article 4 of this Agreement.
Daniel Navarro reserves the right to terminate Customer’s license in case such Customer fails to use the Software in accordance with the terms and provisions of this Agreement.
In case Daniel Navarro initiates the termination of license as described hereby, the cost of the Software is not refundable to the Customer.
Regardless of the party initiating the termination of the license, the Customer shall uninstall and destroy any and all copies of the licensed Software immediately after the termination and/or receiving the termination notice from Daniel Navarro.
In case the Customer continues to use the Software after the termination of the license, they hereby agree to accept an injunction to enjoin them from its further use and to pay all costs (including but not limited to reasonable attorney fees) to enforce Daniel Navarro’s revocation of Customer’s license and any damages suffered by Daniel Navarro due to the misuse of the Software.
This Agreement has been valid and effective since August 1 ,2023
Daniel Navarro reserves the right to adopt any changes and amendments hereto. The up-to-date version hereof is available on www.danielnavarroymas.com.