End User License Agreement (EULA)

IMPORTANT – PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE ATTEMPTING TO DOWNLOAD, INSTALL, OR USE ANY SOFTWARE, DOCUMENTATION, OR OTHER MATERIALS MADE AVAILABLE BY NOPADVANCE.

This End User License Agreement (the "Agreement") is a legal agreement between you (either as an individual or an entity, the “Licensee” or “you”) and NopAdvance LLP ("Licensor" or "NopAdvance"). By downloading, installing, or using the Software (defined below), you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not download, install, or use the Software.

1. Definitions

Software refers to any software product made available by NopAdvance, including themes, plugins, templates, modules, and any other related products provided under this Agreement.
Trial Version means a version of the Software provided on a limited-term, evaluation basis.
No Source License refers to a version of the Software where the source code is not provided and modifications to the compiled code are prohibited.
Source Code License refers to a version of the Software where the source code is provided, allowing the Licensee to modify and customize the Software for authorized use.
Licensee refers to the individual or entity purchasing or using the Software, subject to the terms of this Agreement.

2. Grant of License

Upon purchasing or downloading the Software, NopAdvance grants you a non-exclusive, non-transferable, limited license to install, use, and modify the Software (based on the license type) according to the terms of this Agreement:

2.1 Trial Version

If you are using a Trial Version, NopAdvance grants you a temporary, limited, and non-exclusive license to install and use the Software for evaluation purposes only. This license is valid for the trial period stated when the Software is provided. The Trial Version is intended solely for evaluating whether to purchase a license for the full version. You may not use the Trial Version for any commercial or production purposes.

Limitations: The Trial Version may have limited features and functionality and is time-limited. Upon expiration, you must purchase a full license or cease all use of the Software.

2.2 No Source License

For users who have purchased a No Source License, NopAdvance grants you the right to use the Software on a single or multiple domains within a single instance of nopCommerce. Usage of the Software on a single or multi-store installation is dependent on functionality of the software if it can run on a single store only or in a multi-store environment.

This license does not include access to the source code. You may use the Software for development, testing, and production purposes across single or multiple domains (stores) within the same nopCommerce instance.

Limitations: You may not use the Software outside the defined domains, nor may you share, distribute, or sell the Software. Modifications to the source code or compiled code are prohibited under this license.

2.3 No Source - Single Store License

For users who have purchased a No Source - Single Store License, NopAdvance grants you the right to use the Software on a single domain (single store). This license does not include access to the source code. You may use the Software for development, testing, and production purposes for one domain.

Limitations: You may not use the Software on more than one domain, nor may you share, distribute, or sell the Software. Modifications to the source code or compiled code are prohibited under this license.

2.4 No Source - Multi Store License

For users who have purchased a No Source - Multi Store License, NopAdvance grants you the right to use the Software on multiple domains within a single instance of nopCommerce. This license does not include access to the source code. You may use the Software for development, testing, and production purposes across multiple domains (stores) within the same nopCommerce instance.

Limitations: You may not use the Software outside the defined domains, nor may you share, distribute, or sell the Software. Modifications to the source code or compiled code are prohibited under this license.

2.5 Source Code License

For users who have purchased a Source Code License, NopAdvance grants you access to the full source code. You may modify and customize the source code for use in your projects or those of your clients, subject to the following limitations:

Scope: This license permits use of the Software on a single instance of nopCommerce. If you operate multiple instances, each requires a separate Source Code License, regardless of the number of domains or stores managed within an instance.
Limitations: You may not distribute, sell, or share the source code or any derivative works outside of the authorized projects for which it was licensed. You may not make the source code available in any public or private repositories without the express written consent of NopAdvance.

3. Ownership and Intellectual Property

All rights, title, and interest in and to the Software, including all intellectual property rights, are owned and retained by NopAdvance. The Software is licensed, not sold. This Agreement does not grant you any rights to NopAdvance’s trademarks, trade names, logos, or other intellectual property. You may not claim ownership of the Software, either modified or unmodified.

3.1 Modifications

If you modify the Software under the Source Code License, NopAdvance retains all rights to the underlying intellectual property. Any derivative works created from the source code remain subject to this Agreement, and you may not distribute or license such derivative works to third parties without the express written consent of NopAdvance.

4. Restrictions

The following restrictions apply to all license types, unless otherwise specified:

No Reverse Engineering: You may not reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software (except for those who have purchased the Source Code License).
No Redistribution: You may not distribute, sublicense, rent, lease, share, sell, or otherwise transfer the Software or any portion thereof, either modified or unmodified, to any third party without prior written consent from NopAdvance.
No Assignment or Transfer: This Agreement and the license granted hereunder may not be assigned or transferred by you without the prior written consent of NopAdvance.
No Commercial Hosting: You may not use the Software to provide commercial hosting services, including software-as-a-service (SaaS) platforms, without obtaining additional licensing rights from NopAdvance.

5. Termination of License

NopAdvance reserves the right to terminate this Agreement and revoke your license if you fail to comply with any of the terms and conditions of this Agreement. Upon termination, you must immediately cease all use of the Software, destroy all copies in your possession, and provide written confirmation of compliance.

Voluntary Termination: You may terminate this Agreement at any time by ceasing use of the Software and destroying all copies in your possession.
Effect of Termination: Upon termination, all licenses granted to you under this Agreement will immediately cease. Sections of this Agreement relating to ownership, restrictions, limitation of liability, and indemnity shall survive termination.

6. Refund Policy

All sales are final, and NopAdvance does not offer refunds after the Software has been downloaded or shipped, unless otherwise stated in a specific agreement or as required by applicable law. You are responsible for reviewing the product description, functionality, and available demos before purchasing the Software. In special cases, refund requests may be considered, but NopAdvance is under no obligation to provide a refund unless deemed appropriate.

7. Software Updates and Support

If you have purchased a license for the Software, you are entitled to free updates and support for a period of one year from the date of purchase. Updates may include bug fixes, security patches, and feature enhancements.

Additional Support: After the initial one-year period, you may be required to purchase additional support or maintenance packages to receive updates and support services.
Discontinued Products: NopAdvance reserves the right to discontinue support for any version of the Software. In such cases, NopAdvance will provide reasonable notice and will support the discontinued version for a period of six months following the announcement.

8. Warranty Disclaimer

The Software is provided "as is" and "as available," without any express or implied warranties of any kind. NopAdvance expressly disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

No Warranty for Trial Versions: Trial Versions of the Software are provided strictly "as is" without any warranties or guarantees.
No Guarantee of Compatibility: NopAdvance does not warrant that the Software will be compatible with all hardware, software, or configurations. It is your responsibility to ensure that your environment is compatible with the Software.

9. Limitation of Liability

To the maximum extent permitted by applicable law, NopAdvance will not be liable for any indirect, incidental, special, or consequential damages arising out of or related to the use or inability to use the Software, even if NopAdvance has been advised of the possibility of such damages.

NopAdvance’s total liability under this Agreement will not exceed the amount paid by you for the Software.

Jurisdictional Restrictions: Some jurisdictions do not allow the limitation of certain warranties or liabilities. If such laws apply to you, the limitations in this Agreement will apply to the maximum extent permitted by applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless NopAdvance, its officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use or misuse of the Software, or your breach of this Agreement.

Third-Party Claims: You agree to indemnify NopAdvance from any claims arising from third-party use of websites, applications, or systems developed using the Software.

11. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of India, without regard to its conflict of law provisions. Any disputes arising out of or relating to this Agreement shall be resolved exclusively by the courts of Surat, Gujarat, India.

Arbitration: NopAdvance may, at its discretion, require that disputes be resolved through binding arbitration in accordance with the rules of the Indian Arbitration Act. The arbitration shall take place in Surat, Gujarat, India.

12. Acknowledgment

By downloading, installing, or using the Software, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.