End User License Agreement - Software

This is the end-user license agreement for Cyborganic Arts software, created by Cyborganic Arts Limited and provided to our clients through our website and authorized third party software distribution agents. This License Agreement (“EULA”, “Agreement”) is a legal agreement between you (either an individual client or an organization hereinafter referred to as "Customer") and Cyborganic Arts Limited for licensed Software usage such as but not limited to content management system plugins and content management system themes (hereinafter referred to as "Software") provided by Cyborganic Arts Limited. If Customer does not agree to the terms of this Agreement, please do not purchase, download, install or use the Software, including all Software Updates which Customer receives as part of the Software purchase (hereinafter referred to as an "Update"). By purchasing, downloading, installing or otherwise using an Update, Customer agrees to be bound by the additional license terms which accompany such an Update. If Customer does not agree to the terms of the additional license terms which accompany the Update, disregard the Update and the additional license terms which accompany the Update. In this event, Customer rights to use the Software shall continue to be governed by the then-existing Agreement.

1. Copyright

a. All rights, title, interests in and to copyrights in the Software including but not limited to any software components, product documentation and associated media, sample files, extension files, tools and utilities, miscellaneous technical information, and any copies of the Software, are owned exclusively (or licensed) by Cyborganic Arts Limited. The Software is protected by international copyright laws and treaty provisions. Therefore, you must treat the Software like any other copyrighted material. The Software is licensed to each Customer, not sold.

b. The Customer retains full ownership of the Intellectual Property Rights of content they create which uses our Software unless the content is already protected by copyright law, in which case the intellectual copyright owner shall inherit ownership of the Intellectual Property Rights of content created using our Software.

2. Grant and Type of License

2.1. Grant of License.

Customer is granted worldwide, non-transferable, non-exclusive, and perpetual right to integrate the Software into any content accessible through domain(s) owned by them. Customer may also make copies of the Software for backup and archival purposes as long as their license is not terminated.

2.2. Type of License.

Depending on the type of license, the Customer may be granted the right to use the Software on one or more domains. Each and every domain where the Customer has the right to integrate the Software must be either owned by the Customer or the Customer must be legally authorized to represent the domain owner.

Cyborganic Arts supports the following types of Licensing for its Software:

1. Personal License: the Customer has the right to use the Software on one domain, subdomain or blog for personal, educational or any other non-commercial purpose.
2. Business License: the Customer has the right to integrate the Software on one domain, subdomain or blog that hosts a site, which belongs either to the Customer or to an organization that employs the Customer, for any purpose, including commercial.

The number of sites on which the Software may be installed and activated at the same times depends on the number of licenses the Customer owns. A subdomain or blog are considered separate sites and will require additional licenses to use our Software on each site.

Under no circumstances is the Customer permitted to share, sell, rent or re-distribute the Software.

3. Rights and limitations.

3.1. Customer Rights

The Customer is granted worldwide, non-transferable, non-exclusive, and perpetual right to integrate the Software into their own content.

3.2. Distribution, Rental or Sale.

a. The Customer shall not distribute the Software to third parties.

b. Rental, leasing, sale and any other form of distribution are not permitted and are strictly forbidden. Any unauthorized distribution of Cyborganic Arts Software represents a violation of this EULA and is cause for immediate termination of all Customer licenses. Violators of this agreement may be prosecuted and held to account for any and all copyright infringement, losses and/or damages caused as a result of violation of this agreement.

Under no circumstances, does any of the license above by itself, allow the Customer to install the Software onto a network, server or any other environment where: i) The Customer has clients that either pay for having the Software available among the resources the Customer offers to them, or ii) include the Software as a package for which the Customer directly or indirectly, gets paid, or iii) the Customer receives any payment that, even partially, is related to offering the Software to their clients or any third-party. To be allowed to use the Software in any of the above cases, the Customer should purchase a "Development License" for the Cyborganic Arts Software component if one is available. If this is not the case, the Customer should contact Cyborganic Arts directly for information on the availability of such a license.

3.3. Support Services.

Any supplemental service such as, software code, written, digital or verbal communication which may be provided to the Customer by Cyborganic Arts shall be considered part of the Software and subject to the terms and conditions of this EULA. Furthermore, such supplemental services are given to the Customer at the best of Cyborganic Arts knowledge and possibilities, and, under no circumstances, is Cyborganic Arts responsible for any consequence which may arise from any failure or delay in assisting the Customer, resolving problems with content that uses the Software or providing any post-sale service.

Only the license holder is permitted to request support or access support resources.

3.4. Other limitations.

The Customer is not allowed:

a. to distribute, freely giveaway, or resell their license. The license is only transferable by contacting Cyborganic Arts directly and requesting an official transfer of the license to a new owner through a customer service agent.

b. to provide the Software as a service or as a part of a web hosting solution.

c. to re-post support forum content or documentation on any external websites, social media outlets, news channels etc.

d. to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is explicitly permitted by applicable law notwithstanding this limitation.

3.5 Compliance with Applicable Laws.

The Customer must comply with all applicable laws related to the use of the Software. Cyborganic Arts is not responsible for the content the Customer creates or any violation of law that can be related to any use of the Software.

4. Copyright

a. Cyborganic Arts is the sole author of the Software therefore the only owner of all copyright as well as intellectual property rights that arise from the Software.

b. All copyright and intellectual property rights related to the content where the Software is used are property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants the Customer no rights to use such content.

c. Cyborganic Arts denies any responsibility for content owned by the Customer that uses the Software and constitutes an infringement of copyrights as well as other intellectual property rights owned by third parties.

d. All rights not explicitly granted to the Customer are reserved by Cyborganic Arts.

5. Warranty

No warranties. The Software is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. Cyborganic Arts does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software. Cyborganic Arts makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Cyborganic Arts explicitly disclaims any warranty or representation to the Customer or their clients.

The Software is guaranteed to function on a clean installation of WordPress 6.0+. Cyborganic Arts does not guarantee our Software will function with all third party plugins or with all web browsers. Cyborganic Arts is not responsible for any plugin compatibility conflicts which may occur. It is Cyborganic Arts policy to support our Software as best we can and we will provide support for third party plugin conflicts at our discretion. Cyborganic Arts is not responsible for any data loss which may occur as a result of installing a Cyborganic Arts Software component.

6. Termination

Without prejudice to any other rights, Cyborganic Arts may terminate this EULA if the Customer fails to comply with the terms and conditions of this EULA. In such event, the Customer must destroy all copies of the Software in their possession. By terminating the EULA, Cyborganic Arts is not liable for any problem the termination may cause to the Customer and the Customer is not entitled to any rights. If Customer believes there is no grounds for termination they have the right to explain their reasons. Cyborganic Arts retains the right to disregard them and decides at its own discretion.

7. Limitation of liability

NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CYBORGANIC ARTS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF CYBORGANIC ARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. Other rights

Cyborganic Arts reserves the right, at any time, to modify or discontinue, temporarily or permanently, a license with or without notice. Prices of the Software are subject to change. Notice of price changes will be made on Cyborganic Arts official website.

CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTAND IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CUSTOMER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CUSTOMER AND CYBORGANIC ARTS LIMITED. WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN CUSTOMER AND CYBORGANIC ARTS RELATING TO THE SOFTWARE. Cyborganic Arts has the right to modify this agreement at any time and at its sole discretion, without prior notice or communication. By installing or otherwise using the Software the Customer agrees to be bound to the latest EULA.

This Agreement may not be modified except by an authorized representative of Cyborganic Arts Limited.

Last revised: 10-06-2023

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