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This License Agreement ("Agreement") is a legal agreement between you (either an individual or an entity) and Ipsunflez Enterprise ("Licensor") for the software product and any associated materials, including documentation and templates (the "Software").
BY CLICKING THE "I AGREE" BUTTON, CHECKING THE BOX, OR BY INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SOFTWARE.
Subject to the terms and conditions of this Agreement, Licensor grants you a non-exclusive, non-transferable license to use the Software for one website (the "License"). This License allows you to install and operate the Software on a single website.
You are expressly prohibited from copying, reproducing, distributing, selling, renting, leasing, sublicensing, or otherwise making the Software available to third parties in any form, whether modified or unmodified, without the explicit written consent of the Licensor.
You may modify the Software for their own use on their licensed website(s). However, these modifications do not grant you any ownership rights, nor do they entitle you to redistribute the original Software.
You shall not engage in any reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Software. This includes any attempt to access or discern the original source code of the Software.
You agree not to remove, alter, or obscure any copyright notices, trademarks, proprietary identifiers, or any other indications of intellectual property rights that appear within the Software.
You shall not use the Software in any manner that violates applicable laws, infringes upon the rights of others, or is unethical. This includes but is not limited to, using the Software for any unlawful, harmful, or malicious purposes.
The License granted under this Agreement is non-transferable and cannot be assigned, sublicensed, or otherwise transferred to any other individual or entity without the explicit written consent of the Licensor.
Each License granted allows for the use of the Software on a single website. You are prohibited from using the same License for multiple websites, and a separate License must be obtained for each website.
You shall ensure that their use of the Software complies with all applicable laws, regulations, and industry standards.
You shall not engage in any activities that could lead to unauthorized access, disruption, or damage to the Software or any related systems, networks, or data.
You agree that the license fee for the use of the Software will be determined at the time of purchase and shall be in accordance with the pricing specified on the Website or in any official purchase documentation.
By purchasing the Software, you acknowledge and agree to the fees and pricing structure in effect at the time of purchase.
You are responsible for any applicable taxes, including but not limited to sales tax, or other similar taxes related to the license fees. You shall remit the applicable taxes in addition to the license fees.
License fees are non-refundable. You acknowledges that once paid, license fees will not be refunded under any circumstances, including termination of the Agreement.
This License Agreement is effective until terminated or until the expiry of the license period, whichever occurs earlier. The Licensor retains the right to terminate this License Agreement if you breach any of its terms and conditions. A breach occurs when you fail to comply with the terms set forth in this Agreement, including but not limited to restrictions on copying and redistribution, modifications, and use for unlawful purposes.
Upon termination, all rights and licenses granted under this Agreement shall immediately cease. You must immediately discontinue using the Software and must destroy or delete all copies of the Software in your possession.
You are also obligated to remove any instances of the Software and associated templates from their website or any other platforms on which they were in use.
Termination does not absolve you of any financial obligations or fees owed to the Licensor as of the effective date of termination.
The Licensor shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to:
1. Any loss of profits, revenues, or business opportunities incurred by you as a result of using or being unable to use the Software.
2. Any loss of data, including data corruption, loss of user-generated content, or any other data-related issues.
3. Any interruption of business operations, downtime, or loss of business reputation due to the Software.
4. Any claims made by third parties against you related to the use of the Software.
5. Any incidental, indirect, or special damages incurred by you, even if the Licensor has been advised of the possibility of such damages.
6. Any legal fees, costs, or expenses incurred by you in connection with any legal action or dispute arising from the use of the Software.
The Licensor's total liability, whether in contract, warranty, tort (including negligence), or any other legal theory, arising out of or in connection with this Agreement shall not exceed the total amount of the license fee paid by you under this Agreement. You acknowledge that the License fee reflects the allocation of risk and the limitation of liability specified herein.
This limitation of liability shall apply even if the above-stated remedy fails in its essential purpose. You expressly agree that the limitations of liability set forth in this Agreement are fundamental elements of the bargain between the parties and shall continue to apply even if any limited remedy specified in this Agreement is found to have failed its essential purpose.
This Agreement may not be varied, modified, renewed, or revoked, unless agreed to by both Parties, made in writing and signed by both Parties, by a person in authority to contractually bind and sign on behalf of such party.
If any one or more of the provisions contained in this agreement is, for any reason, held to be invalid, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this Agreement, but this Agreement will be construed as if those invalid, illegal or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this Agreement to be unreasonable.
This Agreement contains the entire and only agreement between the parties and supersedes all pre-existing agreements between them respecting its subject matter. Any representation, promise, or condition in connection with said subject matter that is not incorporated in this Agreement shall not be binding upon either party.
Any claim, controversy, dispute or cause of action (whether in contract, tort or otherwise) based upon, arising out of or relating to this Agreement and the transactions contemplated hereby shall be governed by, and construed in accordance with, the laws of Malaysia. The rights and duties created hereunder shall be interpreted and enforced in Malaysia according to the laws of Malaysia. Licensor consents to jurisdiction and venue in Kuala Lumpur, Malaysia for any lawsuit arising from or related to this Agreement.
The courts in Kuala Lumpur, Malaysia shall have exclusive supervisory jurisdiction over all matters in connection with any such dispute or any lawsuit arising from or related to this Agreement.
The headings in this Agreement are for convenience only and shall not affect its interpretation.