THIS LICENSE AGREEMENT (“LICENSE”) IS AN AGREEMENT BETWEEN THE PERSON OR COMPANY WHO IS BEING LICENSED TO USE THE MAGENTO EXTENSION (“EXTENSION”) OR DOCUMENTATION (“YOU”) AND CRIMSONWING LIMITED (“WE/US/OUR”).

1) By downloading the Extension You hereby acknowledge that You have read this Agreement and that You agree to its terms and conditions regarding Your use of the Extension and any online documentation (“Documentation”).
2) This License shall come into full force and effect and shall be binding on You when you order the Extension or You receive it through a download or any other data medium.
3) In consideration of You agreeing to abide by the terms of this Licence We hereby grant to You a non-exclusive, non-transferable licence to use the Extension and the Documentation for the purposes of installing the Extension as an extension to your Magento eCommerce platform.
4) Except as expressly set out in this Licence or as permitted by any local law, You undertake:

a) not to copy the Extension or Documentation except where such copying is incidental to normal use of the Extension or where it is necessary for the purpose of back-up or operational security;
b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Extension or Documentation;
c) not to make alterations to, or modifications of, the whole or any part of the Extension nor permit the Extension or any part of it to be combined with, or become incorporated in, any other programs;
d) not to disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of the Extension nor attempt to do any such things except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Extension with another extension program, and provided that the information obtained by You during such activities:

i) is used only for the purpose of achieving inter-operability of the Extension with another software program;
ii) is not unnecessarily disclosed or communicated to any third party without our prior written consent;
iii) is not used to create any software which is substantially similar to the Extension;

e) to include Our copyright notice on all entire and partial copies You make of the Extension on any medium;
f) not to provide, or otherwise make available, the Extension in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person other than Your employees without prior written consent from Us;
g) not place the Extension on a server so that it is accessible via a public network such as the Internet for distribution purposes; and
h) to comply with all applicable technology control or export laws and regulations.

5) You acknowledge that all intellectual property rights in the Extension throughout the world belong to Us, that rights in the Extension and the Documentation are licensed (not sold) to You, and that You have no rights in, or to, the Extension or the Documentation other than the right to use them in accordance with the terms of this Licence.
6) You acknowledge that You have no right to have access to the software in the Extension in source code form.
7) We warrant that the Extension will, when properly used, perform substantially in accordance with any functions described in the Documentation. If, You notify Us in writing of any defect or fault in the Extension as a result of which it fails to perform substantially in accordance with the Documentation, We will, at our sole option, either repair or replace the Extension, provided that You make available all the information that may be necessary to assist Us in resolving the defect or fault, including sufficient information to enable Us to recreate the defect or fault.
8) You acknowledge that the Extension has not been developed to meet Your individual requirements and that it is therefore Your responsibility to ensure that the facilities and functions of the Extension as described in any documentation We provide You with meet Your requirements.
9) We supply the Extension for Your own personal or business use only and You agree not to use the Extension for any re-sale purposes.
10) We shall not in any circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, whatsoever for any loss or damage arising under or in connection with this Licence, except that nothing in this Licence shall limit or exclude Our liability for:

a) death or personal injury resulting from Our negligence;
b) fraud or fraudulent misrepresentation; and
c) any other liability that cannot be excluded or limited by English law.

11) This Licence sets out the full extent of Our obligations and liabilities in respect of the supply of the Extension and Documentation. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on Us. Any condition, warranty, representation or other term concerning the supply of the Extension and Documentation which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
12) We may terminate this Licence immediately by written notice to You if You commit a material or persistent breach of this Licence which You fail to remedy (if remediable) within 14 days after the service on you of written notice requiring You to do so.
13) Upon termination for any reason all rights granted to You under this Licence shall cease.
14) Any notice given by You to Us, or by Us to You, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15) This Licence constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
16) If We fail to insist that You perform any of Your obligations under this Licence, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations.
17) Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
18) This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.