End-User License Agreement (“EULA”) – Studiocart

Last modified: April 14, 2020

By installing and using our Studiocart WordPress plugin, you agree to these terms. If you are accepting this EULA on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms, and, in such event, “you” and “your” will refer to that company or other legal entity. Any reference to ‘You’ or “Your’ refers to you as the Licensee under this agreement. Any reference to “N.Creative Studio” “us” and/or “we”  refers to us as the Licensor under this agreement.

LICENSE USE.

N.Creative Studio grants You a personal, non-transferable and non-exclusive right to install and use Studiocart in accordance with this agreement.

CONDITIONS AND RESTRICTIONS.

You hereby consent to N.Creative Studio’s (or any third party or strategic partner contracted by N.Creative Studio) processing of data arising from Your use of Studiocart (“Studiocart Data”). You consent to N.Creative Studio’s monitoring of Your use of Studiocart and Studiocart Data in accordance with our Studiocart Privacy Policy and in line with N.Creative Studio’s Fair Use Policy that may be published from time to time on N.Creative Studio’s website. In the event that N.Creative Studio (in its absolute discretion) deems Your use of Studiocart and/or Studiocart Data to be unreasonable, N.Creative Studio reserves the right to change the terms of this agreement, including by withdrawing your license to use Studiocart.

Studiocart may contain software licensed from third parties including under the terms of certain open-source software licenses. If any such licenses expressly supersede the terms of this EULA, any such licenses shall govern your use of the software feature licensed to N.Creative Studio.

N.Creative Studio reserves the absolute discretion at any time to withdraw Your license to use Studiocart. All historical data received is processed in line with our Privacy Policy for Studiocart.

UNAUTHORIZED USE.

Your use of Studiocart and Studiocart Data shall be exclusively for the purposes outlined by N.Creative Studio. Under no circumstances may You use Studiocart or Studiocart Data in any way that may compete with the business and services provided by N.Creative Studio as outlined on our site which you can view here.

You shall not (and shall not authorize any third party to):  (a) decompile or otherwise reverse-engineer Studiocart or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of Studiocart by any means whatsoever; (b) remove any product identification, proprietary, copyright or other notices contained in Studiocart; (c) modify or create a derivative work of any part of Studiocart, or incorporate Studiocart into or with other products or software.

OWNERSHIP.

Subject to any provisions therein, N.Creative Studio have and will retain all rights, title and interest (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to Studiocart and all copies, modifications and derivative works thereof. You acknowledge that you are obtaining only a limited license right to use Studiocart.

You shall not either during the term or following termination of this agreement consent to or cause to occur any infringement of any intellectual property rights owned by N.Creative Studio.

CONFIDENTIALITY.

You acknowledge that you may obtain information relating to your use of Studiocart that is not publicly accessible, including, but not limited to, code, business information, know-how, ideas, algorithms, analysis and performance information, and other data (“Confidential Information”). You shall not disclose Confidential Information to any third party or use Confidential Information for any purpose other than for your personal use of Studiocart.

WARRANTY DISCLAIMER.

STUDIOCART IS PROVIDED “AS IS” AND N.CREATIVE STUDIO MAKES NO WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO STUDIOCART AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

DISCLAIMERS AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, N.CREATIVE STUDIO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED WITH RESPECT TO STUDIOCART AND YOU USE STUDIOCART AT YOUR OWN RISK.

YOU AGREE THAT NEITHER N.CREATIVE STUDIO NOR ITS ASSOCIATES SHALL BE LIABLE FOR ANY LOSSES WHICH YOU MAY SUSTAIN HOWEVER ARISING AND WHATEVER THE CAUSE, IN PARTICULAR PURSUANT TO YOUR OR ANY 3RD PARTY’S USE OF, ACCESS TO AND/OR INTERFERENCE WITH STUDIOCART.

YOU ALSO AGREE THAT OUR LIABILITY TO YOU PURSUANT TO THESE USE TERMS SHALL FURTHERMORE BE LIMITED TO THE TOTAL AMOUNT OF THE FEES YOU PAID FOR YOUR STUDIOCART PLUGIN USE.

INDEMNITY

You agree to indemnify and hold harmless N.Creative Studio, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you post, and any ecommerce activities conducted through your or another user’s website.

TERM

This license agreement is effective upon your installation of Studiocart. N.Creative Studio may terminate this agreement with immediate effect at any time. Upon termination, You agree to destroy all copies and contents of Studiocart. In the event of termination, the provisions relating to Confidentiality, Intellectual Property and Limitation of Liability shall survive.

MISCELLANEOUS.

If any clause of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant clause (or part of a clause) shall be deemed deleted. Any modification to or deletion of a clause (or part of a clause) under this clause shall not affect the legality, validity and enforceability of the rest of this agreement.

This agreement constitutes the entire agreement. All other terms, expressed or implied by statute or otherwise, are excluded to the extent permitted.

This agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this agreement or its formation (including any non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of North Carolina, USA without regard to any conflicts of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to this Agreement and are hereby disclaimed.