Terms and Conditions - Digital Goods

Effective Date: November 11, 2019

Addendum to General Terms and Conditions - Digital Goods

This Agreement shall apply to all orders placed with CARTMEGA (“Seller”, “Us”, “We”) by YOU (“You” or “User” or “Buyer”). This Agreement between Buyer and CARTMEGA constitutes an addendum (“Addendum”) to the Contract referred in the Introduction of the “General Terms and Conditions” of CARTMEGA.
It governs all purchase orders and/or long term contracts entered into between Buyer and Seller related to any digital goods and/or downloadable products ("Products" or "Items" or "Goods" or "THE SOFTWARE") and/or their related services to be provided by Seller to Buyer ("Services").
Seller and Buyer now desire to amend the Contract in the respects, but only in the respects, hereinafter set forth.

1. DIGITAL GOODS

License (What you're buying):

When you buy an item, you acquire the right to use that item; you're not actually acquiring the item itself. What you get includes a license directly from CARTMEGA to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on CARTMEGA. This license also applies to you if you download an item that someone else has bought for you (because anyone downloading an item needs to be a cartmega.com member) including downloading an item that is made available for free. Different license types are available for you to choose when you have selected an item. You’ll need to think about the way you want to use the item so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license.

Intellectual Property:

We own all the CARTMEGA items that we have put on cartmega.com (unless otherwise stated and excluding content owned by others). This includes the logos, design, compilation, look and feel, copyright, service marks, trade names, trademarks and other intellectual property of the cartmega.com items. All these intellectual property rights are reserved. You will not copy, distribute, modify or make derivative works of any of our CARTMEGA items or use any of our intellectual property in any way not expressly stated in these terms.

Copyright, trademark and intellectual property claims:

We respect the intellectual property rights of others. If you believe that an item infringes an intellectual property right (including copyright) please contact us.

Disclaimer:

When the item involved is a software product the following disclaimer is applicable unless otherwise stated within the software itself:
THE SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDER "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Licensing - Permission and Conditions For Use:

There exist 2 types of licenses:

Personal License -also known as Regular License.
Commercial License -also known as Developer License.

All Cartmega purchased licenses include by default a support period of 180 days. During this time, the licensee has access to our Premium support.

Cartmega licenses purchased from Cartmega.com can vary, while free products fall under the Single domain Personal License without any support.
Any Cartmega licenses not purchased from Cartmega.com are by default Single domain Personal Licenses.

Cartmega retains ownership of the Product but grants you, the licensee, the rights to use the Product forever, however, you have to renew your license in order to get access to our Premium Support and sometimes also to product updates.

This license conditions are described below:

Personal License

The client is granted a non-exclusive and non-transferable right to make use of the Product that a client acquires, subject to the following conditions:

Personal Licenses come in a variety of domain usage restrictions:

Single domain -can only be used on a single domain.
Five domains -can only be used on five domains.
Twenty-five domains -can only be used on twenty-five domains.
Unlimited domains -can be used on unlimited domains.

You can use the product for your own purpose or for a client, acting on his/her behalf.
You must register the domains that you or your client is using the Product on when requesting support.
The Product or any part of the whole Product, with or without modification, with or without incorporation in another product, may not be resold, redistributed or otherwise conveyed to any third party. This includes directly or indirectly licensing, sub-licensing, selling, reselling or offering the purchased Product free of charge or swapping it for other products.
You cannot extract and use component items, or any part of the whole product.
You cannot decompile and/or reverse engineer the product.
The origin of the Product must not be misrepresented; you must not claim that you are the author of the original Product and you cannot claim part or all of the source code as yours.
The source code of the Product must at all times retain our copyright notice, our list of conditions and our disclaimer when found therein.
You can only use the Product for lawful purposes.
This license can be terminated if you breach it. If that happens, you warrant to us that you will immediately stop using the Product, uninstall and delete all files and copies of files relating to the Product from all hardware where you may have stored or installed it.

Commercial License

Commercial Licenses are suitable for developers or design agencies who build software for their customers.

The client is granted a non-exclusive right to make use of the Product that a client acquires, subject to the following conditions:

Commercial Licenses are always made available for use on unlimited domains.

You are licensed to use the Product to create one single End Product for yourself or for one client (a "single application"), and the End Product may be Sold.
An End Product is one of the following things, both requiring an application of skill and effort.
- For a Product that is a template/plugin/extension/module, the End Product is the installation of a customized implementation of the Product. For example, the Product is an e-shop Extension and the End Product is the installation and configuration of the Product to some specifications.
- For other types of Product, an End Product is something that incorporates the Product as well as other things, so that it is larger in scope and different in nature than the Product. For example, the Product is an e-shop Extension and the End Product is the finished e-shop.
- For other types of Product, an End Product is something that incorporates only the configuration changes made by the Product BUT MUST NOT incorporate the Product itself, so that it is different in nature than the Product. For example, the Product is a VPS configuration tool and the end product is the configured VPS for sale or rental.
You must register the domains that you or your client is using the Product on when requesting support.

What you are allowed to do with the Product
You can create the End Product for a client, and this license is then transferred from you to your client if the End Product incorporates our Product.
You can Sell and make any number of copies of the single End Product.
You can modify or manipulate the Product. You can combine the Product with other works and make a derivative work from it. The resulting works are subject to the terms of this license. You can do these things as long as the End Product you then create is one that's permitted under the 'End Product' clause above.

What you are not allowed to do with the Product
This license is a "single application" license and not a "multi-use" license, which means that you can't use the Product to create more than one unique End Product.
The Product or any part of the whole Product, with or without modification, with or without incorporation in another product, may not be resold, redistributed or otherwise conveyed to any third party. This includes directly or indirectly licensing, sub-licensing, selling, reselling or offering the purchased Product free of charge or swapping it for other products.
You can't use the Product in any application/service allowing an end user to customise a digital or physical product to their specific needs, such as an "on demand", "made to order" or "build it yourself" application/service. You can use the Product in this way only if you purchase a separate license for each final product incorporating the Product that is created using the application/service.
Examples of "on demand", "made to order" or "build it yourself" applications/services: website builders, "create your own" slideshow apps, and e-card generators. You will need one license for each final product created by a customer, or contact us to discuss.
You cannot extract and use component items, or any part of the whole product. You must not permit an end user of the End Product to do so or even extract the Product and use it separately from the End Product.
You cannot decompile and/or reverse engineer the product. You must not permit an end user of the End Product to do so.
The origin of the Product must not be misrepresented; you must not claim that you are the author of the original Product and you cannot claim part or all of the source code as yours.
The source code of the Product must at all times retain our copyright notice, our list of conditions and our disclaimer when found therein.

Furthermore
You can only use the Product for lawful purposes.
This license can be terminated if you breach it. If that happens, you warrant to us that you will immediately stop making copies of or distributing the End Product until you remove the Product and its effects on the End Product from it. You also warrant to us that you will immediately stop using the Product, uninstall and delete all files and copies of files relating to the Product from all hardware where you may have stored or installed it.

Breaches of the license agreement

Cartmega reserves the right to make changes to the terms of this license agreement and change its clauses at any given time without further notifications.

Cartmega reserves the right to terminate support, access to updates, delete product purchases and perceive legal action, where needed if the user fails to comply with our license policy. In case of termination, if you continue to use the Cartmega Product, you hereby agree to accept an injunction to prevent you from its further use and to pay all costs (including but not limited to attorney fees) to enforce our revocation of your license and any damages resulted because of your misuse of the Product. Cartmega is not bound to return you the amount spent for the purchase of the Product for the termination of this License.

2. ITEM PRICE

The item price is made up of a license fee (for the license you choose for the item), and if relevant the item support fee (for supported items).
Taxes: Some transactions on cartmega.com may be subject to tax that may be added to the price.
The Total price is made up of the item price plus fees and taxes, and is the price you see on an item page.

Items with an incorrect price or incorrect information:

Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.

Currency conversion costs:

You are responsible for all costs of currency conversion relating to a transaction on cartmega.com. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees). This means that you may incur additional costs when purchasing from cartmega.com, which we have no control over.

3. ITEM SUPPORT

CARTMEGA selectively chooses whether or not to support certain items. If CARTMEGA has choosen to support an item, this will be identified on the item page. All supported items include a support period. You can buy support extensions on these items. Your right to access Item Support requires a cartmega.com account.

4. TRANSACTING AS A BUYER

If you have a cartmega.com account, you can make payments by using the ‘Confirm Order’ function. When using 'Confirm Order' you will be redirected to a payment method provider.

Buyer Services:

In addition to the use of the platform, when you ‘buy’ an item you also receive buyer services from CARTMEGA like buyer support, item quality control and a money-back guarantee.

5. TERMS OF BUYING

When you buy a cartmega.com item you’re doing so on the following terms:

you warrant to us that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
you cannot cancel a completed purchase of an item;
we do not promise that any particular item will continue to be available on cartmega.com so you should download and save the item as soon as you buy it;
once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
CARTMEGA retains ownership of the item;
your relevant details may be provided to CARTMEGA of the item in order to facilitate the transaction, for example for invoicing and item support services; and
we have the right to enforce against you the terms of the license that you have acquired from CARTMEGA.

It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully.

Warranties we make. We warrant to you that:

the item is of acceptable quality for the purpose for which it is 'sold';
the item matches the description given by CARTMEGA on the item preview page, as well as any item preview;
your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
if the item is marked as 'supported', we will provide you with the services as outlined in the relevant section regarding support;
we will process your data in accordance with applicable privacy law and data protection regulations.

Software Incompatibilities:

Cartmega has designed its products to function as stated in their description. However due to the varied installation configurations of each customer's setup, sometimes incompatibilities may arise which will hinder the said functionality.
In such cases:

we also warrant to you that we will do our utmost to fix the problem and ensure that your Cartmega item will function as stated.
you also warrant to us that you will do your utmost to assist Cartmega in our remedial efforts, providing us with the necessary access to the system in question (file system, database access, relevant passwords and/or anything else required by Cartmega in this endeavor). Failure to do so will void your money-back guarantee.

6. MONEY BACK GUARANTEE

Grace Period:

The grace period for requesting a refund is 30 days.

If you are unsatisfied with your purchase from Cartmega for any reason, you have a Grace Period from the date of your receiving the product to request a full refund. You may return any item purchased on Cartmega in accordance with the terms below, excluding the purchase or renewal of any Cartmega paid services, which are subject to our Terms of Use.

7. REFUND POLICY

Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the warranties given by CARTMEGA in the 'Warranties we make'/'Software Incompatibilities' section has been breached (as in the case where a software incompatibility cannot be rectified), or a refund is required under relevant consumer protection laws.

We will assess refund or credit requests (if you have a cartmega.com account) on their merits, considering the digital nature of cartmega.com items.
There is generally no obligation to provide a refund or credit in situations like the following:

you have changed your mind about an item;
you bought an item by mistake;
you do not have sufficient expertise to use the item;
you ask for goodwill; or
you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).

To qualify for a refund, all the following conditions must be met:

A return authorization must be requested within the Grace Period from the date of your receiving the product. To request a return authorization you must login to your account and fill in the relevant returns form.

Disputes lodged with payment agents:

If, as a buyer via your cartmega.com account, you lodge a dispute with a payment agent, this will result in a freezing of your cartmega.com account until the dispute raised with the payment agent has been cancelled. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your cartmega.com account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.

If we decide to issue a refund or credit:

you warrant to us that you will immediately uninstall and delete all files and copies of files relating to the Cartmega item from all hardware where you may have stored or installed it.
the refund will generally be done using the same manner used to make the purchase. So if the item was purchased using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you will be made in EUR Euro.

8. EXCLUSIONS AND LIMITATIONS

Cartmega does not warrant that the operation of the Product will be uninterrupted or error-free.

This Limited Product Warranty applies only to the original purchaser of the Product that was purchased from Cartmega or from an authorized reseller or sales channel.

No Cartmega reseller, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Product Warranty. If any term contained herein is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

9. INDEMNITY

The Buyer acknowledges and agrees that You shall indemnify, hold harmless and defend CARTMEGA and its wholly owned subsidiaries, at Your expense, from any and all third-party claims, actions, proceedings, and suits brought against CARTMEGA or any of its officers, directors, employees, agents, consultants, and other representatives or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by CARTMEGA or any of its officers, directors, employees, agents, consultants, and other representatives or affiliates, arising out of or relating to (i) Your breach of any Term or condition of this Agreement, (ii) Your use of the Website, (ii) Your installation or usage of the Goods and Services, (iii) Your violations of applicable laws, rules or regulations in connection with the Website or the Goods and Services, (iv) any representations and warranties made by You concerning any aspect of the Website or the Goods and Services, to any Third Party; (v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Website or Your installation or usage of the Goods and Services; (vi) violations of Your obligations of privacy to any Third Party; and (vii) any claims with respect to acts or omissions of any Third Party in connection with the Website or the Goods and Services. CARTMEGA will provide You with written notice of any claim, suit or action from which You must indemnify CARTMEGA. You will cooperate as fully as reasonably required in the defense of any claim. CARTMEGA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You. This clause shall survive termination of this agreement for any reason whatsoever.

10. DISCLAIMER OF WARRANTIES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, CARTMEGA MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT.

11. LIMITATION OF LIABILITY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, CARTMEGA WILL NOT BE LIABLE FOR YOUR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE CARTMEGA OR ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. CARTMEGA'S (AND ITS WHOLLY OWNED SUBSIDIARIES') TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED ‎€10 (EUR).

12. MODIFICATIONS.

Seller reserves the right to change these Terms and conditions or any additional terms that apply to the Goods and Services to, for example, reflect changes to the law or changes to the Goods and Services, and may refuse service for any reason. You should look at the Terms regularly. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of CARTMEGA, (ii) You accept updated Terms online, or (iii) You continue to use the Website after CARTMEGA has posted updates to the Agreement or to any policy governing the Goods and Services.

Contact

If You have any questions about these Terms and Conditions or to report any abuse, please contact us.

Last updated: November 11, 2019