Licensor: Devellion Limited (CubeCart is a registered trade mark of Devellion Ltd)
Product: CubeCart eCommerce Solution
Licensee: The customer/individual obtaining CubeCart.
License Type: This is a custom license. CubeCart is NOT open source software.
Live Store: A single installation of CubeCart which is (or is available for) trading financially.
Development Store: A single installation of CubeCart which is NOT available for trading financially.
PRICES
Restricted User License: POA
Restricted Corporate User License: POA
Full License to remove "Powered by CubeCart" notice text per domain: POA [ more information ]
THE LICENSE
Devellion Limited grants you a non-exclusive license to use the software if you follow all restrictions in all sections of this agreement.
CUBECART IS NOT AN OPEN SOURCE SOFTWARE PRODUCT. YOU MUST FOLLOW THE LIMITATIONS IN THIS SOFTWARE AGREEMENT. WE OFFER SPECIFIC PERMISSION TO CUSTOMISE THE CODE FOR YOUR OWN NEEDS LATER IN THIS AGREEMENT.
Technical support and related services are available to those following this agreement with no charge at the community forums at http://forums.cubecart.com. Devellion Limited reserves the right to limit or refuse technical support and related services in any form for any reason.
RESTRICTIONS OF USE
You are permitted to:
LIMITED LIABILITY
The software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the software is borne by the Licensee.
Should the software prove defective, the Licensee and not Licensor assume the entire cost of any service and repair. In addition, the security mechanisms implemented by Devellion Limited software have inherent limitations, and you must determine that the software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement.
OWNERSHIP
Title, ownership rights, and intellectual property rights in the software shall remain with the Licensor. Copyright laws and treaties of England and Wales protect this software and any issues that may arise over this will be dealt with in the courts of England and Wales. Title and related rights in the content accessed through the software is the property of the applicable content owner and may be protected by applicable law. This license gives you no rights to such content.
TERMINATION
This agreement will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the software within 48 hours. The Licensee agrees that the sales staff of the Licensor can disable a software license key without notice. A reason will be given to the Licensee on request (e.g. The payment for the software license was reversed as it was deemed fraudulent by the vendors bank). If this is the case the administration control panel of your store may become inaccessible soon after.
MISCELLANEOUS
The Licensor reserves the right to change the terms of this agreement at any time however those changes are not retroactive to past releases. Changes to the agreement will be announced via the discussion board at Devellion Ltd. Failure to receive notification of a change does not make those changes invalid. A current copy of this agreement will be available at http://www.cubecart.com/v4-software-license. All prices are subject to change without notice.
Technical support will NOT be provided for third-party modifications to the software including modifications to code to any license holder. If the software is modified using a third-party modification instruction or otherwise, technical support may be refused to any license holder.
PROPRIETARY LABELS
Authorization to remove copyright notices can be obtained from Devellion Limited for a one time fee [ more information ]. This fee authorizes you to remove the output of copyright notices and you will be issued with a copyright removal key. These copyright notices include "(Powered by CubeCart)" in the browser title and "Powered by CubeCart" page footer. It does not give you authorization to remove any copyright notices in the script source header files nor any other rights. All graphics can be modified and is actively encouraged.
SOFTWARE LICENSE KEY USAGE
Upon purchase of a software license key you are permitted to operate one CubeCart powered live store. Multiple software license keys can be purchased if you plan to operate more than one live store however it will be possible to install as many development stores as you want on the same website domain / IP address. Development stores must not publicly accessible through search engines, hyperlinks or advertising. This can either be achieved with the use of password protection or by ensuring no hyperlinks are made to it. The Licensor decides what is deemed as a live store and development store with reason. The Licensees software license key will become locked to the first location it is setup on and it will never expire*. The Licensor reserves the right to suspend or disable any software license key at any time without notification. The administration control panel of your store will be inaccessible after a short period of time if the software license key has been disabled, suspended or for a number of possible other technical situations [ more information]. If the administration control panel becomes blocked due to a technical situation a sales or support representative of the Licensor will provide assistance rectifying the situation whether the Licensee has an active technical support plan in place or not.
An official representative of the Licensor can reset a software license key so that it may be used on a new store or if the Licensee moves to an alternative hosting account or server. The Licensee accepts that the administration control panel of the old store will automatically be disabled after a short period of time unless an additional software license key is purchased for it and applied to it.
COPYRIGHT REMOVAL KEY USAGE
Upon purchase of a copyright removal key you are permitted to remove the aforementioned proprietary notices. A single key must be used for each domain and may not be used more than once. By agreeing to this license agreement you understand that an individual domain is a single store install by the dictionary definition "A territory over which rule or control is exercised". To prevent confusion you may not use a key to remove copyright on unlimited store installs on one website domain.
An official representative of the Licensor can reset a copyright removal key to be reused if a fresh installation is required of the same store or you wish to transfer it to a new store terminating the current store. They can however reserve the right to refuse the reset of a key at any time for any reason.
OWNER/CREATOR - Devellion Ltd
Devellion Limited is a company registered in England & Wales under number 5323904.
Registered Office: 5 Bridge Street, Bishops Stortford, Hertfordshire, CM23 2JU
* A trial software license will automatically expire after the advertised period of time.