License Agreement is a legal contract between you, as either an individual or a single business entity which is the end user, and eMagicOne company, which governs your use of the software. By downloading, installing, copying or otherwise using the software, you are agreeing to be bound by the terms of this agreement. The Software is licensed to You for use only under the terms and conditions of the License. It presupposes that you acknowledge that all intellectual property rights, copyrights and trademarks of the product belong to eMagicOne company.
GRANT OF LICENSE
eMagicOne grants you a limited, non-exclusive license to install, download and use a single instance of the license through a single installation (one computer). If there is the need to use the product on other installations, Additional copies of the Product may be purchased and used. You cannot use Additional license unless you have Full one under your account.
You can request only one trial license and use it within granted period of time only. Trial license requested second time (and more) will be considered as rules violation. Requests made from different e-mails, PCs, etc, to get further access to the application can lead to penalization (disable of all paid/unpaid licenses and blocking of all accounts).
You can make copies of the Product for solely backup and archival purposes.
If you have not purchased or otherwise rightfully obtained the License, you can not use it and have to immediately remove the installation. If you have full license of Store Manager, you cannot download Trial version as it contradicts with support and update service statements.
All copies of the product must contain the same proprietary notices that appear on and in the license, including all copyright notices, which must remain unaltered from the original version, unless by specific prior arrangement with eMаgicOne company has been made.
eMagicOne reserves the right to gather data on key usage including license key numbers, server IP addresses and other information deemed relevant, to ensure that our products are being used in accordance with the terms of this License Agreement.
This license is granted to you alone and you cannot grant rights to any other person.
You cannot redistribute, assign, dispose in any form or otherwise transfer the product or its components to any third party companies and individuals, on temporary or permanent basis, without the prior written consent of eMagicOne company. For violation of our policy, license keys will be disabled and users’ accounts – blocked.
It is forbidden to alter, modify, disassemble or copy (except for the program backup copy) the program or the accompanying documentation.
eMagicOne company expressly prohibits simultaneous installations of the product on multiple computers.
NOTE: eMagicOne doesn’t support any form of software piracy.
DISCLAIMER OF WARRANTY
The products offered by eMagicOne company are provided “AS IS” basis, without warranties of any kind. The information is offered as a free public resource, without any warranty, expressed or implied. In particular, any and all warranties of fitness for use or merchantability are disclaimed. Further, eMagicOne cannot provide you the guarantee that the product will be available.
If you know that the products does not meet your individual requirements, then it is therefore your own responsibility on the usage of the product.
The products are intended to manage only default databases and are not compatible with any extensions, customization or any other integration of third party companies.
Trial license is offered as is. The period that the license is issued for cannot be extended (even if it was not used).
Addons, plugins and extensions are separate software products and each of them requires a separate license key. You may use an Add-on with its associated License only. The addons are updated along with the associated with it license.
All eMagicOne products, documentation and related materials are delivered electronically, over the Internet.
SUPPORT AND UPDATE SERVICES
After the purchase the customer receives 6 months of free update and support service, which means that during that period, the download link to the application and/or the latest version of the product will be available for the owner of the license. When this period expires and the owner of the license would like to continue having the ability to download the software, then it is required to purchase and apply update services for additional fee.
eMagicOne reserves the right to keep only updates (files) released within last 6 month. Older updates may not be available for download.
Accepting the license policy, customer agrees not to retrieve updates in any possible way except for ordering update service. In case, when some attempts to get the updates in some inappropriate way were made by the customer, eMagicOne reserves the right to stop providing support and disable all product licenses developed by our company until the full cost of the update service is paid back.
eMagicOne is not obliged to provide you with any updates that were not released for general distribution.
Support, including technical support, is provided according to Service Level Agreement – http://emagicone.com/service-level-agreement/. eMagicOne reserves the right to completely stop the support in case of abusive language or statements.
eMagicOne does implement the support of latest version of Shopping Cart within 60 days after official release of the platform. Alpha and Beta versions of Shopping Carts are not considered and supported at any times. In case of major update of Shopping Cart (completely new database structure) the economical viability is considered by our Management team and is scheduled basing on our internal schedules.
eMagicOne Lifecycle Policy outlines the product support guidelines for a product’s lifecycle. The objective of this policy is to standardize and normalize product lifecycle practices, thereby enabling eMagicOne customers to make more informed purchase, support and upgrade decisions.
eMagicOne is committed to providing support for all software products for a minimum of two (2) years, starting from the general availability date of the product’s major version. ‘General availability date’ is defined as the date on which a product is officially made available for purchase.
The sunset of a product (“End-of-Life”) is the term used to describe the end of support for the product. That is, eMagicOne or a Third Party vendor will no longer provide new features, improvements, or technical assistance for that release of the product.
End-of-Life will be announced as a part of regular eMagicOne News.
Discounts are issued in the form of ‘percentage off’ and are offered to customers via promotional emails, advertisements, on-site banners or 3rd party communications. You can use one discount code per one order. Discount coupons are not accumulative, you cannot combine them (or use in conjunction) with other discounts or offers.
Unless otherwise stated, discounts are only applicable to full price items (bundles are not included). Discount codes may have validity period or may be issued for a specific product list. eMagicOne reserves the right to cancel or change any discount without notice, at any time.
We maintain a reasonable policy regarding requests for refunds. You can check refund policy for details. We reserve the right to refuse a refund or to apply a partial refund.
Installation/un-installation/configuration services are provided for additional fee.
Remote desktop assistance is provided for additional fee only and can be offered for paid licenses. Remote desktop assistance is not provided for free or trial licenses. The cost is calculated basing on time that tech engineer spends during the session and this service is non-refundable.
Customer can exchange product for same product for other platform free of charge in case the update and/or support service of the license is active and in case the product prices correspond. If update&support service has expired, the product can not be exchanged. Also, if the price of the product which the customer purchased is lower then the price of the product that he wants to obtain, the client has to pay the difference.
LIMITATION OF LIABILITY
In no event will eMagicOne company be liable for any lost revenue, profit or data, indirect, incidental, consequential damages, even if eMagicOne shall have been informed of the possibility of such damages, or for any claim by any other party.
This Agreement shall continue in effect until terminated. Without prejudice to any other rights, this Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein.