Software License Agreement

The Software License Agreement (“Agreement”) govern your access to and use of any plugin, extension, add-on or app (“Software”). By installing or using all or any portion of the Software, you accept all the terms and conditions of this Agreement between you and Cartsera (“Cartsera” or “we”).

You must not use the Software if: (a) you do not agree to the terms of this Agreement; (b) you do not agree to Cartsera Terms of Service (“Terms”).

In the event of any conflict between these Agreement and any other Cartsera or third-party terms applicable to any portion of this Agreement, such as open-source license terms, such other terms will control as to that portion of the Agreement and to the extent of the conflict.

All WordPress plug-ins, themes, extensions or add-ons provided by Cartsera, unless otherwise stated, are licensed under the GNU General Public License (“GPL“) version 2.0 or later.

1. Definitions.

“Software” means Cartsera’s commercially available downloadable software products (currently designated as “Plugin”, “Extension” or “Add-on”). Your Order will specify the Software that you may use.

“Order” means a purchase order for the Software submitted by the Customer. Orders may include purchases of Software licenses, Updates, Support, increased or upgraded Scope of Use or renewals.

“License Term” means your permitted license term for the Software, as set forth in an Order.

“Scope of Use” means your authorized scope of use for the Software as specified in the applicable Order, which may include: (a) number of licensed websites (“Licensed websites[s]”), (b) numbers of licenses, copies or instances, or (c) entity, division, business unit, website, field of use or other restrictions or billable units.

“Updates” means any bug fixes, patches, major or minor releases, or any other changes, enhancements, or modifications to the Software.

“Support” means Cartsera’s technical support for the Software, Your level and the period of time of Support will be specified in your Order.

“Documentation” means the technical usage guidelines and descriptions of the Software, including a description of the Software’s features and intended purpose, currently located here.

2. Software License.

2.1. Your License Rights.

Subject to the terms and conditions of this Agreement, Cartsera grants you a non-exclusive, non-sublicensable and non-transferable license to install and use the Software during the applicable License Term for your own business purposes, in accordance with this Agreement, your applicable Scope of Use.

2.2. Number of Websites.

Unless otherwise specified in your Order, for each Software license that you purchase, you install the Software on one (1) production website that is owned or controlled by you.

2.3. System Requirements.

You are solely responsible for ensuring that your website and hosting environment meet the minimum requirements for the Software, including compatible versions of WordPress, WooCommerce (if applicable), PHP, and any other requirements described in the Documentation. Cartsera has no responsibility or obligation under this Agreement for any issues arising from your hosting environment, website configuration, or the use of third-party themes, plugins, software, or services not provided by Cartsera.

2.4. License Term and Renewals

The License Term, Support and Updates period will be indicated in the Order (as applicable). The License Term and any applicable service periods will commence on the Order date (unless a different start date is designated in the Order) and expire on the expiration date indicated in your account. Unless earlier terminated in accordance with this Agreement, each right to use Software will expire at the end of the applicable License Term.

2.5. Increased Scope of Use.

During your License Term, you may increase your Scope of Use (e.g., increase number of websites, licenses, copies or instances) by placing a new Order or, if made available by Cartsera, directly through the applicable Software. Any increases to your Scope of Use will be subject to additional fees, as set forth in the applicable Order.

3. Restrictions.

Except as otherwise expressly permitted in this Agreement, you will not: (a) reproduce, modify, adapt or create derivative works of any part of the Software; (b) rent, lease, distribute, sell, sublicense, transfer, or provide access to the Software to a third party; (c) use the Software for the benefit of any third party; (d) incorporate the Software into a product or service you provide to a third party; (e) interfere with any license key mechanism in the Software or otherwise circumvent mechanisms in the Software intended to limit your use; (f) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to the Software, except to the extent expressly permitted by applicable law (and then only upon advance notice to us); (g) remove or obscure any proprietary or other notices contained in the Software; (h) use the Software for competitive analysis or to build competitive products; (i) publicly disseminate information regarding the performance of the Software; or (j) encourage or assist any third party to do any of the foregoing.

4. Delivery.

We will deliver the applicable Software and license keys to your account no later than when we have received payment of the applicable fees.  You are responsible for accessing your account to determine that we have received payment and your Order has been processed.  All deliveries under this Agreement will be electronic. For the avoidance of doubt, you are responsible for installation of the Software, and you acknowledge that Cartsera has no further delivery obligation with respect to the Software after delivery of the Software and license keys.

5. Updates.

During the period for which you have a valid license, Cartsera will provide Updates for the Software. Updates for Software includes access to New Updates, if and when available, and any references to “Software” in this Agreement include New Updates.

6. Support.

Cartsera will make technical assistance available to you through Cartsera Help Center between 9:00 a.m. and 4:00 p.m. GMT, Monday through Friday, excluding Cartsera’s holidays.

6.1. Support Term.

The Support Term, Support period will be indicated in the Order (as applicable). The Support Term and any applicable service periods will commence on the Order date (unless a different start date is designated in the Order) and expire on the expiration date indicated in your Order or account. Unless earlier terminated in accordance with this Agreement, each right to use Support will expire at the end of the applicable Support Term.

Support is only available to the customer named in the Order; we have no obligation to provide support to any other party. Unless otherwise provided, support does not include assistance with third-party products or services that we don’t own.

6.2. Support Scope

Cartsera Technical Support covers issues for the Software, including:

• Basic support and pre-sale questions.
• Assistance with installation, licensing, and configuration of the software on environments that meet software system requirements.
• Guidance on usage and concepts of documented software functionalities and workflows.
• Troubleshoot failures, errors, performance issues, crashes, or unexpected behavior.

Cartsera Technical Support does not include:

• Debugging custom code, extensions, plugins, or code snippets.
• Customization of solutions, templates, or tools; including unsupported software functionality.
• Issues specific to third party software, technology, or tools not provided by Cartsera.
• Consultation on system or database architecture, administration, configuration, performance tuning, or security.

6.3. Issue Resolution Assistance

Cartsera will acknowledge receipt of your support request within 24 hours on working days. Your support request shall include a detailed description of the nature of the issue, the conditions under which it occurs and other relevant data sufficient to enable Cartsera to reproduce a reported error in order to verify its existence and diagnose its cause. Upon completion of diagnosis Cartsera will provide you appropriate assistance in accordance with Cartsera’s standard support practices, which may include providing an avoidance procedure, bypass, work-around, patch or hot-fix (i.e., a specific release for a production stopping problem with no work-around) to correct or alleviate the condition reported.

6.4. No Phone Support

Cartsera only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

6.5. Discontinuing Support.

Support for the Software is provided as long as the Software is actively in development. Should any one of the following occur, Cartsera will no longer be responsible for providing support for the Software:

• the Software is no longer actively developed as a viable product under Cartsera.
• the Software or the parent company is purchased or bought out by another company.
• WordPress or WooCommerce (as applicable to the Software) is no longer actively developed.

Cartsera reserves the right to discontinue Support services for older versions of the Software at any time, even if you have an active Support contract.

7. Connectivity.

The Software may communicate with Cartsera website or domain to validate your right to access and use the Software, assist with the installation process, or provide you with additional information, features, or functionality.

7.1. Activation and Validation.

The Software may require you to: (a) obtain an license key; (b) activate or reactivate the Software; (c) register the Software; or (d) validate your license. The Software also may connect to Cartsera Licensing API to check for Updates available for download, and, depending on preference, automatically download and install the updates. The Software will collect and transmit information to Cartsera as further described in Cartsera’s Privacy Policy, which you acknowledge. Cartsera may use such information to detect or prevent fraudulent or unauthorized use. Failure to activate or register the Software, validate the license, or a determination by Cartsera of fraudulent or unauthorized use of the Software may result in reduced functionality, inoperability of the Software, or a termination or suspension of the license.

7.2. Deactivation.

You may deactivate and uninstall the Software from your website(s) in order to install and activate the Software on another website in accordance with this Agreement (“Deactivation”).

8. Ownership

The Software is made available on a limited license or access basis, and no ownership right is conveyed to you, irrespective of the use of terms such as “purchase” or “sale”. Cartsera and its licensors have and retain all right, title and interest, including all intellectual property rights to the Software.

9. Disclaimer of Warranties.

Cartsera provides the Software “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Software including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Cartsera does not warrant that the Software will meet your requirements; that the Software will be uninterrupted, timely, secure, or error-free; that the information provided through the Software is accurate, reliable or correct; that any defects or errors will be corrected; that the Software will be available at any particular time or location; or that the Software is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or updating, information, content or other material from the Software.

10. Limitation of Liability.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

• your use or inability to use the Software;
• any modification, price change, suspension or discontinuance of the Software;
• the Software generally or systems that make the Software available;
• unauthorized access to or alterations of your transmissions or data;
• statements or conduct of any third party on the Software;
• any other user interactions that you input or receive through your use of the Software; or
• any other matter relating to the Software.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

11. Termination.

This Agreement applies to your installation, access, and use of the Software until expiration of the License Term unless earlier terminated. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms or make timely payments. Termination of your account does not relieve you of any obligations to pay outstanding fees. Upon expiration or termination of the License Term, you must not use the Software, and some or all of the Software may cease to operate without notice.

12. Changes to this Agreement.

We reserve the right, at our sole discretion, to update, change or replace any part of this Agreement by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.