§1 Right of use
Developer (Daniel Bakovic, Leimenackerweg 7, 73732 Esslingen am Neckar, Germany) hereby grants to Licensee a perpetual, non-exclusive, limited license to use the Software (MyArcadePlugin or MyArcadeBlog for WordPress) as set forth in this Agreement, for a one time payment.
Licensee shall not modify, copy, duplicate, distribute, reproduce, license or sublicense the software, or Convey or transfer the software or any right in the software to anyone else without the prior written consent of the Developer, provided that Licensee may make one copy of the Software for backup or archival purposes. The software license allows the usage of the software for all websites that the Licensee owns.
The ownership of the software and manual stays with the Developer.
If the Licensee copies (except backup copy), duplicates, reproduces, modifies or distributes (sells) the Software, the Licensee has to pay a fee of EUR 5.000,- to the developer.
The Licensee cannot change any Copyrights, information about ownership of the Developer on Software or manual.
Developer warrants that the Software shall perform in all material respects according to the developer’s specifications concerning the software when used with the appropriate computer equipment. This warranty shall not apply to the software if modified by anyone or if used improperly or on an operating environment not approved by Licensor or the Licensee did not install the newest program version.
The software made available by the provider was created to the best of the developer’s knowledge and belief, and with commercial and technical thoroughness implemented in the process . The Licensee has also been elucidated that the creation of an entirely error-free software under the present state of technology is not possible. With the current state of technology, a break- and error-free operation, or the complete elimination of any program error, cannot be ensured.
The manufacturer’s documented performance features and price overview presented on the website at the time of the Licensee’s purchase, will apply.
In the event of any breach or Alleged breach of this warranty, Licensee shall promptly notify Developer in written form. Liscensee’s sole remedy shall be that Developer shall correct the software so that it operates according to the warranty.
The demands initially to rework (repair) are limited. Should the provider not succeed within a period of eight weeks to fix or find an alternative solution to a problem, the Licensee is entitled to a reduction in the utilization fee. If the provider fails to follow up all together, the Licensee is entitled to withdraw from the contract.
The developer is not held responsible for dysfunctions caused by installing several other programs, such as hardware modules and memory modules, etc.
A further guarantee is excluded, in particular for the accuracy of the software.
The developer shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether the developer advised of the possibility of such losses in advance. In no event shall the developer’s liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee’s claim is based on contract, tort, strict liability, product liability or otherwise.
A liability of the supplier is limited to intent and grossly negligent behavior. A liability for lost profits and / or other consequential damages is excluded.
The Licensee exempts the provider from all third party claims, which occurred while using the plugin
§4 License Payment
The Licensee have to pay a license fee for the regular use of this plugin. A license entitles you to 1 year of updates and support. Additionally, you will get access to our support forum. The product will continue to work after your license expires. You are free to continue using the product for as long as you like, but you will not receive support and updates for the product after your license expires.
14 days before the license expires we will send an email notification to the licensee. Additional notification will be sent directly after the license expiration.
If you have disabled automatic license renewals then you will renew your license manually in order to receive product updates, support, and access to our customer forums.
The developer is entitled to implement soft-or hardware protection mechanisms to safeguard their own rights. The developer is not obligated to teach the Licensee about the modification, expansion or implementation of these protections.
The developer is not required to help a Licensee with his/her payments.
The scope of supply consists of a server on the Licensee executable script file and an online manual. A commitment to supply a manual in printed form does not exist.
The Carefree package includes an installation and setup service of MyArcadePlugin like described here. After the purchase, Licensee has to provide us all needed data (cPanel or FTP + MySQL Login or WordPress login) for the installation within 14 days after the purchase. After this period of time the setup service expires.
§6 Refund Policy
We offer refunds to any unsatisfied customer up to fourteen (14) days after the purchase was made. If you would like your money back, simply send us an email at email@example.com with a description of your problem and request for a refund.
§7 Managed Hosting Use Policy
By using our Hosting you agree that:
You will not violate any applicable laws, regulations, ordinances, rules or any requirements of any applicable national or local authority/regulator;
You will not transmit any unsolicited commercial or bulk email. You will not engage in any spamming or Mail Bombing activities;
All your outgoing email messages containing advertising will include an automated opt out;
You will not make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum;
You will not make, attempt or allow any unauthorized access to your hosting and/or third-party website(s), server(s), or hosting accounts and/or services;
You will not allow any remote code execution of malicious software;
You will not cause denial of service attacks, port scans or other endangering and invasive procedures against our servers and facilities or the servers and facilities of other network hosts or Internet users;
You will not forge the signature or other identifying mark or code of any other person or engage in any activity (including “spoofing”) to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
You will not display, store, distribute or otherwise make available any content or material that you are not authorized to, whether because prohibited by law, agreement or other reason. This includes but is not limited to copyrighted music, video, photos, designs, files, copyrighted software, personally identifiable or protected confidential information, trade secrets, etc.;
You will not impersonate any person or entity;
You may host websites related to high-risk activities where the interruption or malfunction of the Services could lead to serious consequences, including but not limited to personal injury, death, environmental damage, etc. only after receipt of our explicit consent. For such websites, you must receive confirmation from us that you can use the Services before submitting your Order. Examples of high risk activities include but are not limited to nuclear facilities, air traffic control, life and health support, etc.
You will not harm or seek to harm minors in any way;
You will not host or operate an audio and/or video streaming service;
You will not host websites that make use of cryptopools/contain mining scripts, promote cryptocurrency money-making schemes, are crypto exchange and crypto airdrop sites;
You will not host any website, content, links or advertisements of websites that:
infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any party;
profess hatred for particular social, ethnical, religious or other group;
contain viruses, Trojan horses, worms, time bombs, ransomware, spyware, adware, scareware, corrupted files, or any other malicious software or programs that may interrupt, limit the functionality or destroy any software, hardware or equipment;
contain Illegal or Hacking/Phreaking Software (Warez);
contain any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3);
contain any kind of proxy server or other traffic relaying programs;
promote Money Making Schemes, Multi-level Marketing or similar activities;
contain Torrent trackers, Torrent Portals or similar software;
are used to operate and contain peer-to-peer network systems and file sharing systems;
are with adult content, pornographic, obscene, unlawfully harassing, or connected with child abuse or sex-related merchandising;
contain personal data, private information, images, photos, videos and any other identifying information or material of any third party, including children without their consent (or a parent’s consent in the case of a minor);
advertise, encourage or give any kind of support to the use and/or sale of drugs and any related substances without permission by the government or other authority;
contain any data, material that is unlawful, abusive, threatening, harassing, or defamatory;
contain fake news, misleading, untruthful or inaccurate information;
promote, encourage or give any kind of support to violence and terrorism.
§8 Final Agreement
This Agreement shall be construed and enforced in accordance with the laws of Germany, Esslingen am Neckar.
If any term of this agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
Ancillary agreements must be in writing.