This End-User License Agreement (“Agreement”) is entered into by and between you and Alothemes.
This Agreement comes into effect when the customer completes the purchase of the themes at Alothemes.com and the purchased theme can be downloaded using the registered customer account.
By purchasing the theme, the Customer acknowledges that they have read this Agreement, agree to the content of the Agreement and its terms, and agree to use the theme in compliance with this Agreement.
Alothemes is the sole intellectual property holder of the themes on Alothemes.com. All logical and technical components of theme constituting integral parts of such themes, including source code, algorithms, technical documentation, databases, UI design components, images, videos, animations, audio, text, data are owned by Alothemes.
The theme is Alothemes’s intellectual property and a copyrightable matter and is liable to protection by the law. Any Customer activities that infringe this Agreement and/or Alothemes Terms, violate the intellectual property right and copyright and will be prosecuted in accordance with the applicable law.
According to the present Agreement, Alothemes grants the Customer a revocable, non-exclusive, non-transferable, limited license to download, install and use the theme for their personal/business needs and purposes in accordance with this Agreement and Alotheme Terms.
The Agreement does not transfer the intellectual property right and/or the Copyright of Alothemes to the Customer.
This Agreement grants the Customer the right to use one copy of the theme per one Magento installation in accordance with the terms of the Agreement.
The Customer agrees and accepts that the number of licenses purchased from Alothemes must at all times correspond to the number of Customer’s Magento installations.
The Customer agrees and accepts that they will not use the theme for any purposes other than their personal and/or business use and in strict accordance with the present Agreement and Alothemes Terms.
The Customer shall not give away, license, sub-license, sell, rent, lease, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the theme and documentation, or make the whole theme or documentation or part of it available to any third parties.
In case a necessity to transfer a license to a third party arises, the customer must send a written request to Alothemes stating (a) the account email from which the transfer is requested; (b) the list of the theme licenses to be transferred, including the Order ID associated with each license and the date the order was completed; (c) the reason for the transfer; (d) the account email to which the transfer is requested.
Alothemes shall request written consent from both account emails by sending a corresponding email notification.
In case one or more account emails fail to provide the consent, the transfer shall not be completed.
Alotheme reserves the right to deny the license transfer without stating further reasons.
Limitation of Liability
Alothemes shall not be liable to the customer for any damages, including loss of profit and/or saving, or identical, or consequential, caused to the customer, customer’s information and/or business entity, arising out of the use or inability to use the theme.
Alotheme shall not be liable for prosecution arising from the use of the theme against the law or for any illegal activities by the customer with the use of the theme.
Term and Termination
This Agreement remains effective until terminated by the customer or Alotheme.
The customer may withdraw from the license in cases and following the provisions of article 6 of Alothemes Terms.
Alothemes reserves the right to terminate a customer’s license in case such a customer fails to use the theme in accordance with the terms and provisions of this Agreement and/or Alothemes Terms.
In case Alothemes initiates the termination of license as described hereby, the cost of the theme is not refundable to the customer.
Regardless of the party initiating the termination of the license, the customer shall uninstall and destroy any and all copies of the licensed Software immediately after the termination and/or receiving the termination notice from Alothemes.
In case the customer continues to use the theme after the termination of the license, they hereby agree to accept an injunction to enjoin them from its further use and to pay all costs (including but not limited to reasonable attorney fees) to enforce Alothemes’s revocation of customer’s license and any damages suffered by Alothemes due to the misuse of the theme.
This Agreement has been valid and effective since...
Alothemes reserves the right to adopt any changes and amendments hereto. The up-to-date version hereof is available on Alothemes.com.