1.1. This Agreement comes into effect when the customer completes the purchase of the software/extensions provided by Nexius.
1.2. 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.
2.1. Nexius is the sole owner of the intellectual property and the copyright holder. All the tangible and intangible material, copyrights, logical and technical components of the software including but not limited to the source code, algorithms, documentation, databases, images, videos, text are proprietary and owned solely by Nexius. No data or code can be copied by the customer.
2.2. The software is Nexius’ intellectual property and is protected by the law. Any party that contravene this agreement or violate the intellectual property right will be prosecuted in accordance with the law.
2.3. Nexius grant the customer a limited, revocable and non-transferable license to download and use the software for their personal or business needs. The agreement in any case, does not transfer the intellectual property right or copyright of any material to the customer.
2.4. In accordance with this agreement, the purchase of the software grants the customer the right to use one copy per one Magento installation. The number of licenses purchased from Nexius must at all times correspond to the number of customer’s Magento installations.
3.1. The customer agrees that they will not use the software for any other purpose other than their personal/business needs. The customer shall not sell, lease, give away, transfer, distribute, outsource, resell in the form of a customized solution or in any other way commercially exploit the software and documentation.
3.2. The customer agrees not to remove or alter any copyright or brand notification, or any other proprietary notices within the software including but not limited to Nexius’ file names, classes, variables, texts or links.
4.1. If the case of necessity of license transfer arises, the customer must send a request to Nexius stating all the necessary details about the transfer.
4.2. A written consent from both the parties will be requested by Nexius. If one or more parties fail to provide the consent, the transfer cannot be completed.
4.3. Nexius reserve the right to deny any license transfer request without stating further reasons.
5.1. Nexius is not liable for any damages caused to the customer and/or any business entity arising out of the use or inability to use the software including but not limited to loss of profit, loss of sales, identical or consequential.
5.2. Nexius is not liable for prosecution arising from any unlawful use of the software by the customer.
6.1. This agreement will remain effective until terminated by Nexius or the customer.
6.2. Nexius reserve the right to terminate the license of the customer in cases including but not limited to customer’s failure to follow the agreement.
6.3. In case Nexius terminates the customer’s software license, the cost of the software license is not refundable.
6.4. After receiving the termination notice from Nexius, the customer will uninstall and destroy all the copies of the licensed software and related documentation immediately, regardless of the party initiating the termination.
6.5. The use of the software after the termination of the license will be considered a violation and the customer hereby agrees to pay all costs including but not limited to the reasonable attorney fees, to enforce Nexius’ revocation of the customer’s license.
7.1. This agreement is affective from October 19th, 2020.
7.2. Nexius reserve the right to adopt any changes to this agreement.