The redtienda User License Agreement
REDTIENDA AB, as the holder of the exclusive rights to the eCommerce Software called redtienda, hereby grants a license to use the above mentioned Software under the terms and conditions set out in this agreement, which the user expressly accepts. If the user does not agree with such terms and conditions, he/she shall abstain from using this Software.
1. SOFTWARE
The redtienda Software must be used through a Web server and Web browser, and it includes active and inactive components, scripts, features, HTML and PHP pages and any other software development. Additional components, such as manuals and any other written document accompanying the Software available on the redtienda Web site are deemed to be included in the Software by virtue of this agreement.
2. OBJECT OF THIS LICENSE AGREEMENT
REDTIENDA (REDTIENDA AB) hereby authorizes the LICENSEE (user/customer) to use the Software (redtienda eCommerce Software) on a nonexclusive basis.
Software shall be defined for the purposes of this license as operated through a Web browser while the Software remains resident on a server designated by REDTIENDA. The LICENSEE shall not transfer or reproduce the Software without written and express authorization from REDTIENDA. Further, the LICENSEE is prohibited from using or uploading the Software to any kind of servers or networks, internal or external, including Internet.
Transfer, rent, hire, sale or assignment of this license to third parties is prohibited, unless with a written and express authorization from REDTIENDA.
This license shall remain in effect as long as the LICENSEE observes the terms and conditions of this license agreement.
a. All the intellectual property rights associated with this Software are the property of REDTIENDA and/or its licensees.
b. Updated versions will be made available to the LICENSEE by REDTIENDA. REDTIENDA is under no obligation to make updated versions or to incorporate new functions or features into the Software.
3. COPYRIGHT
a. The LICENSEE shall not, in whole or in part, copy, photocopy, reproduce, translate, modify, adapt or create derivative works based on this Software or the documentation that is made a part thereof. In addition, the LICENSEE is prohibited from making copies of the source code in whole or in part. The source code is a trade secret owned by REDTIENDA, and therefore by no means may the LICENSEE disclose it to third parties, unless expressly authorized in writing by REDTIENDA.
b. The LICENSEE is under an obligation to inform REDTIENDA on any presumed infringement of copyright associated with this Software, and REDTIENDA shall use its best efforts to ensure that the information concerning the ownership of such rights is shown.
The LICENSEE shall be severally liable for any infringement of intellectual property rights caused or permitted by the LICENSEE or for any breach of the terms of this license.
4. CONFIDENTIAL INFORMATION
a. The LICENSEE is aware and accepts that both the Software and the documentation accompanying it and other related material are REDTIENDA’s property and contain confidential information that constitutes a trade secret. Any breach of such confidentiality is deemed an act of unfair competition. Consequently, the LICENSEE is under an obligation to use such Software and information with the necessary discretion and is expressly prohibited from divulging it, unless with the written and express consent of REDTIENDA. This obligation to treat the information as confidential applies also to any confidential information that may be obtained by the LICENSEE as a result of an analysis of the Software.
The LICENSEE may not attempt to determine the source code nor collaborate in or request third parties to make such determination. This prohibition includes reverse engineering, disassembly or decompilation, and the LICENSEE agrees not to make or permit any modification, adaptation or reprogramming of the Software.
b. In addition, the LICENSEE agrees not to create, develop or commercially exploit a similar or competitive product for a two-year period as of the date of this license agreement. It shall be understood that this date is to be the same date of acceptance of the license agreement and purchase of the Software.
The LICENSEE hereby assigns in favor of REDTIENDA all the rights related to such works derived from the Software as may be performed by the LICENSEE over a two-year period as of this date. The obligations set out in this paragraph shall remain in force even after termination or lapsing of the license.
5. LIMITATION OF LIABILITY.-
a. REDTIENDA does not guarantee that the functions of the Software will meet the LICENSEE’s requirements or that the functioning of the Software is free from interruptions or errors. Therefore, REDTIENDA is expressly released from all liability for any loss of information or documents prepared through the Software. REDTIENDA shall be liable solely for replacement of the material medium in which the Software is embodied in the event of any defect therein.
b. With the exception of the above mentioned stipulation, the LICENSEE accepts this license and the Software as is, without any implicit or explicit guarantee whatsoever, and waives any complaint against REDTIENDA and/or its licensees in connection with the functioning of the Software.
c. REDTIENDA shall be held liable solely for replacing defective material media, and by no means may such liability exceed the total value of the license granted.
LICENSEE agrees that neither REDTIENDA nor its employees, management or anyone else who has been involved in the creation, production or delivery of the software shall be liable for any indirect, incidental, special, or consequential damages (including but not limited to, loss of anticipated profit, revenue, data or use) incurred by licensee or any third party in connection with or arising out of use of the software, even if the software has been advised of the possibility of such damages.
d. Some old Web browsers might not support Software. In this case, LICENSEE should download a newer version of Web Browser that supports Software. Links to free downloads for supporting Web browsers are supplied within Software.
6. TERMINATION OF LICENSE
This license will terminate automatically if:
- the LICENSEE fails to comply with any provision of this license;
- the LICENSEE fails to pay fees (when using REDTIENDA GOLD); or
- the LICENSEE transfers the Software and Documentation pursuant to section 2, above.
In the event of termination of the license, LICENSEE agrees to immediately cease using the Software. This obligation will apply to all copies in any form, whether partial or complete, and whether or not modified or merged into other program materials.
This license will terminate automatically if the LICENSEE uploads content to servers where redtienda is hosted that are unlawful, illegal, pornographic, works non authorized, injurious (includes but is not limited to: Mail Spam (the sending of large amounts of unsolicited email), vending of guns or other harmful instruments or any other content that REDTIENDA deems unsuitable or infringe in any form third parties Intellectual Property rights.
REDTIENDA reserve the right to terminate this license and inactivate (or delete) the account and online store of the LICENSEE without any further notice if REDTIENDA feels its content, business, or business practice is inappropriate for using the redtienda Software. That includes if the LICENSEE is suspected for fraude or failing to manage the obligations to its clients, such as not delivering products or any other type of malpractices.
7. GOVERNING LAW
It is agreed that this License Agreement will be interpreted and construed according to the laws of Sweden. Should any portion of this Agreement be judicially held to be invalid, unenforceable or void, then such holding shall not invalidate the remainder of this Agreement or any other part thereof.
8. EXPORT CONTROLS
LICENSEE agrees that LICENSEE will not directly or indirectly transfer the Software or Documentation to any country to which such transfer would be prohibited by any applicable export control law.
9. ARBITRATION
Any dispute that may arise from the interpretation or application of this agreement shall be settled by the parties by arbitration at law through the Arbitration Center of the Chamber of Commerce of Sweden and in accordance with the provisions of the Swedish Law on Arbitration and Mediation.
10. REVISIONS
REDTIENDA may amend this Agreement at any time by posting the amended terms on our site. The amendment shall automatically be effective 30 days after it is initially posted on our site. This Agreement may not be otherwise amended.
11. NOTICE
a. The use of illegally obtained registration information (for example, password or registration) can produce unpredictable results and cause damage to your computer and/or its contents. The use of anything other than a legal registration code is a crime, and is punishable both criminally and civilly. REDTIENDA will aggressively prosecute anyone attempting to misuse illegally obtained copyright and registration data. REDTIENDA tracks every session this Software produces, and will use all means available to it to prosecute persons attempting such fraud and/or theft.
b. REDTIENDA considers the tampering of source code extremely serious and will positively prosecute any party who has tampered with the source code. Any and all modifications, customization, or any other adjustments of the Software will be performed by the REDTIENDA development staff or other staff recommended by REDTIENDA. Decompilation, or any other tampering with the source code will result in immediate legal proceedings.
12. ACKNOWLEDGMENT
LICENSEE acknowledges that LICENSEE has read this Agreement in full, has fully understood its terms and agrees to be bound thereby. This Agreement contains the complete and exclusive agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement.