End User License Agreement

End User License Agreement

This is an End User License Agreement (Agreement) between CommerceXL.nl (CommerceXL.nl) and you (Licensee). When referring to both CommerceXL.nl and Licensee as a collective, the term, “The Parties”, may be used.

DEFINITIONS
For the purposes of this Agreement, the Parties agree that the following terms have these meanings:

"Open Source Software" means any software program, whose source code is made available for use and modification as users or other developers see fit, and which may resultantly be the collaborative work of many different developers.

“GPL” means General Public License, Version 2, as stated in the software license as drafted by Richard Stallman and as accepted within the Open Source Software community as the controlling software license for Open Source Software (http://www.opensource.org/licenses/).

"Drupal" means the Open Source Software web content management platform, as written in the PHP programming language, and as referred to in the software development industry as Drupal (www.drupal.org), and as covered by the GPL.

"Theme" means a website template as developed using Drupal as well as parts designed outside of Drupal, including, but not limited to graphics, stylesheets (CSSfiles), and Javascript coding, which is purchased or otherwise used by Licensee.

"Webshop" means a configured Drupal package as developed using Drupal as well as parts designed outside of Drupal, including, but not limited to graphics, stylesheets (CSSfiles), PhP and Javascript coding, which is purchased or otherwise used by Licensee.

"Derivative Works" means any work on the Webshop or Theme that was developed using Drupal constructs, typically considered the PHP template files, and which are subject to the GPL as a result.

"Licensed Works" means any work on the Webshop or Theme that was developed outside of Drupal, created and owned by TotalOnline or other parties, that fall outside the GPL, and are considered licensed to Licensee through this Agreement, including, but not limited to graphics, stylesheets (CSS files), PhP and Javascript coding.

"Licensed Data" means any data on the Webshop or Theme that is owned by third parties, that fall outside the GPL, and are considered licensed to Licensee through a specific Agreement with data owner.

 “Production Installed System” means a system on which Licensee installs or executes all or a portion of a Webshop or Theme, including, but not limited to a server, workstation, virtual machine, blade, node, or partition, that is used by within Licensee for dissemination of information or used to provide business functionality to anyone within the general public or within Licensee’s enterprise or for anyone associated in any way with Licensee.

“Test Installed System” means a system on which Licensee installs or executes all or a portion of a Theme, including, but not limited to a server, workstation, virtual machine, blade, node, or partition, that is used solely for Licensee’s development and/or demonstration purposes, but not as a Production Installed System. In a Test Installed system no commercial transactions take place between Licensee and Consumers.

 
 
The Parties agree as follows: 
LICENSE GRANTED CommerceXL.nl grants Licensee a non-exclusive, non-transferable, fully revocable license in each Webshop and Theme as purchased by Licensee, as follows:
A. Licensee understands and agrees that the License granted under this Agreement applies only to Licensed Works and that Derivative Works, whether created by CommerceXL.nl or Licensee or any other party, are subject to the GPL.
B. Licensee may use and or modify the Webshop and Theme as consistent with the scope of this Agreement.
C. Licensee may have unlimited Test Installed Systems.
DUTIES OF LICENSEE Licensee understands and agrees to the following duties with regard to the license of the Webshop and Theme:
A. Licensee shall follow the GPL with regard to all Derivative Works related to the Webshop and Theme.
B. Licensee shall not have more than one (1) Production Installed System for the Webshop and Theme.
C. Licensee shall not violate any copyrights, trademarks, and patents as held by CommerceXL.nl or other parties with regard to Licensed Works included with the Webshop and Theme.
D. Licensee shall not make any claim of ownership or authorship with regard to any portion of the Webshop and Theme.
E. Licensee shall not copy or otherwise redistribute the Licensed Works included with Webshop and Theme in any fashion except as is necessary for Licensee to implement the Webshop and Theme.
F. Licensee shall not attempt to sell or otherwise transfer the Theme to another party, in part or in total.
NO WARRANTY OR GUARANTEE Given the nature of Open Source Software, Licensee understands and agrees that TotalOnline makes no warranty or guarantee of any kind regarding any Webshop and Theme. This includes, but is not limited to, functionality and operability of any modules; functionality and operability of any changes by CommerceXL.nl to any Webshop and Themes for corrections or as requested by Licensee and content and data; or accuracy and usability of support advice provided to Licensee.

OPEN SOURCE CODE DISCLAIMER Given the nature of Open Source Software, Licensee understands and agrees that if any portion of a Webshop and Theme is found to infringe any 3rd party intellectual property rights, CommerceXL.nl, at its discretion, may choose to do one of the following:
A. Obtain the rights necessary for Licensee to continue to use the Theme consistent with this Agreement; or
B. Disable or remove the functionality that is infringing.
Licensed Data. The  Webshop and Theme are delivered in an empty state being the software without data (productinformation, products and content).Licensee has the right and ability to add content in the form of node texts and product information. The content of the Webshop and product information, commercial terms  is the full responsibility of Licensee and applicable third party vendors and not governed by this agreement. Licensee understands and agrees that CommerceXL.nl makes no warranty or guarantee on correctness, fit for use or accuracy and usability of this data.