End-User License Agreement

End-User License Agreement (EULA) of EcomGraduates  LLC.

This End-User License Agreement ("EULA") is a legal agreement between you and EcomGraduates LLC.

This EULA agreement governs your acquisition and use of our EcomGraduates LLC  Ecomify Theme  directly from EcomGraduates LLC. or indirectly through a EcomGraduates LLC. 

Please read this EULA agreement carefully before completing the installation process and using the EcomGraduates LLC. Ecomify Theme. It provides a license to use the EcomGraduates LLC. Ecomify Theme and contains warranty information and liability disclaimers.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Ecomify Theme, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Ecomify Theme supplied by EcomGraduates LLC.. herewith regardless of whether other software is referred to or described herein. The terms also apply to any EcomGraduates LLC. updates, Internet-based services, and support services for  Ecomify Theme unless other terms accompany those items on delivery. If so, those terms apply.

License

If, at the time of purchase, you chose a Single website license, then you are permitted to use and install Ecomify Theme on one (1) website only - unless  purchased  through unlimited  license ONLY.

If, at the time of purchase, you chose an Unlimited Website license, then you are permitted to use and install Ecomify Theme on an unlimited number of websites that you either own, are part of the organization that owns or have been hired to work on the organizations’ website(s) (i.e. your direct clients). You shall not distribute the Ecomify Theme to people outside of your organization.

You are permitted to use and install the EcomGraduates LLC. Ecomify Theme under your control. You are responsible for ensuring your device, theme and platform meets the minimum requirements of the EcomGraduates LLC. Ecomify Theme.

You are not permitted to:

Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Ecomify Theme nor permit the whole or any part of the Ecomify Theme to be combined with or become incorporated in any other Ecomify Theme, nor decompile, disassemble or reverse engineer the Ecomify Theme or attempt to do any such things

Reproduce, copy, distribute, resell or otherwise use ecomify for any commercial purpose

Allow any third party to use the snippets on behalf of or for the benefit of any third party

Use the Ecomify Theme in any way which breaches any applicable local, national or international law

use the Ecomify Theme for any purpose that EcomGraduates LLC. considers is a breach of this EULA agreement

LIMIT OF LIABILITY

IN NO EVENT WILL ECOMGRADUATES LLC BE LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE (INCLUDING DAMAGE FROM LOSS OF BUSINESS PROFITS OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) OR FOR CLAIM BY ANY PARTY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SNIPPET, EVEN IF ECOMGRADUATES LLC  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES, SUBJECT TO THE CONDITIONS NOTED HEREIN, SHALL ECOMGRADUATES LLC 'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE REPLACEMENT COST OF THE SPECIFIC SNIPPET PURCHASED BY YOU OR THE PROVISION OF SUBSTITUTE ECOMIFY THEME, AT THE SOLE DISCRETION OF ECOMGRADUATES LLC . THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

In no event shall Ecomify by EcomGraduates™LLC be held responsible for any consequential damages incurred by the Customer including, without limitation, lost profits, lost revenue, decrease in sales, change in foreign currency conversion rates, or injury to person or property.

Any License for the Ecomify theme does not grant you permission to edit and resell it, labeling it as your own. This license allows you to utilize the theme on multiple Shopify stores under your management, but it strictly prohibits the act of reselling it as your own individual theme. If any reselling, legal actions will occur.

Indemnification

You agree to defend, indemnify and hold EcomGraduates LLC and their outside contractors harmless from and against any losses, damages, expenses, and costs, including reasonable attorneys' fees, from any claim by a third party arising from or related to your breach of this Agreement or your act, error, or omission.

Intellectual Property and Ownership

EcomGraduates LLC shall at all times retain ownership of the snippets as originally downloaded by you and all subsequent downloads of the Ecomify Theme by you. The Ecomify Theme (and the copyright, and other intellectual property rights of whatever nature in the Ecomify Theme, including any modifications made thereto) are and shall remain the property of EcomGraduates LLC.

EcomGraduates LLC  reserves the right to grant licences to use the Ecomify Theme to third parties.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Website “AS IS” for your information and may not be used without our express written permission. Except as expressly provided in these Terms of Use, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 We reserve the right to protect all intellectual property found on the site and in any theme or product provided heron, including by means of using data and account access to protect customer accounts and/or identify stores/customers infringing on our intellectual property. A customer’s failure to strictly observe the limited licenses available to it as provided for on the Website or in any product may result in loss of access to such product, feature of the Website in EcomGraduates’ sole discretion.

 

Termination

This EULA agreement is effective from the date you first use the Ecomify Theme and shall continue until terminated. You may terminate it at any time upon written notice to EcomGraduates LLC.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Ecomify Theme. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the State of Rhode Island (United States).

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