ImperialPlugins.com END-USER LICENSE AGREEMENT Last updated: 03/05/2020 21:03 GMT +3 1. Defintions: "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "Licensor" shall refer to the copyright owner or an authorized legal entity that is granting this license. "Licensee" shall refer to an individual or a legal entity that is exercising permissions granted by this license. "The Software" shall refer to any work, whether in Object or Binary form, made available under this license. "DRM" shall refer to digital rights management. "License" shall refer to the license granted in clause 2. 2. License Grant: Licensor hereby grants Licensee a personal, non-assignable & non-transferable, perpetual, commercial with terms, without the rights to create derivative works, non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running The Software. 2.1. Limited: Licensee may use The Software for the purpose of: 2.1.1. Running The Software on Licensee’s Website[s] and Server[s]; 2.1.2. Publishing Software’s output to Licensee and 3rd parties; 2.1.3. Distribute verbatim copies of The Software’s output (including compiled binaries); 2.2. The License is granted perpetually, as long as Licensee does not materially breach it. 2.3. Binary Restricted: Licensee may sublicense The Software as a part of a larger work containing more than The Software, distributed solely in Object or Binary form under a personal, non-sublicensable, limited license. Such redistribution shall be limited to unlimited codebases. 2.4. Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under the License. 2.5. Commercial use allowed with restrictions: Licensee is allowed to use the product for commercial purpose if Licensee does not resell the product itself. 2.6. With support & maintenance: Licensor shall provide Licensee support and maintenance as described in clause 6 and clause 7 of this document. 3. Digital Rights Management: The Software may be equipped with digital rights management functionality. 3.1. Purpose: The purpose of the DRM functionality is to prevent any unauthorized usage of The Software. 3.2. License Keys: License Keys are used to authenticate the Licensee to the DRM. 3.2.1. License Keys are unique to the Licensee and may not be used by 3rd parties. 3.2.2. License Keys are only valid to IP addresses in an IP addresses list defined by the Licensor (hereinafter: "whitelist"). 3.2.2.1: Licensee hereby states that he will notify Licensor when a whitelist addition is required (hereinafter: "whitelist notification"). 3.2.2.2: Licensor hereby warrants that the processment of a whitelist notification will result within a reasonable amount of time. 3.2.2.3: Licensor may deny or revoke additions to the whitelist of a license key if an unauthorized use of said license key of The Software is detected or suspected. 3.3. Usage: The Software may only be used in combination with valid license keys provided by the Licensor. 4. Term & Termination: The Term of the License shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee: 4.1. Redistributes Object or Binary form of The Software to 3rd Parties; 4.2. Reverse engineers, decompiles, decodes, decrypts, disassembles, deobfuscates, or in any way derives source code from The Software; 4.3. Provides access to the Object or Binary form of The Software in any form to 3rd parties; 4.4. Redistributes License Keys described in clause 3.2 of this document; 4.5. Bypasses any DRM functionality in any way. 4.6. Licensor fails to perform a payment as described in clause 5. 5. Payment: In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee, via Credit-Card, PayPal or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement. 5.1. Failure to perform payment for any work, whether in Object or Binary form licensed by Licensor may result in account limitations which may prevent usage of The Software. 6. Support: Licensor shall provide basic support to the Licensee. 6.1. Bug Notification: Licensee may provide Licensor of details regarding any bug, defect or failure in The Software promptly and with no delay from such event; Licensee shall comply with Licensor's request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures. 6.1.1. Breaking Bug notification: Licensor shall fix a reported bug in such it prevents The Software from working entirely without changes to The Software's source code. 6.2. Feature Request: Licensee may request additional features in The Software, provided, however, that: 6.2.1. Licensee shall waive any claim or right in such feature should feature be developed by Licensor; 6.2.2. Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor; 6.2.3. Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; 6.2.4. Licensee developed, envisioned or created the feature solely by himself. 7. Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge. 7.1. Upgrades: for the purpose of the License, an Upgrade shall be a material amendment in The Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase The Software under version 1.X.X, an upgrade shall commence under number 2.0.0. 7.2. Updates: for the purpose of the License, an Update shall be a minor amendment in The Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase The Software under version 1.1.X, an upgrade shall commence under number 1.2.0. 7.3. Fix: for the purpose of the License, a fix shall be a minor amendment in The Software, intended to remove bugs or alter minor features which impair the The Software's functionality. A fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase Software under version 1.1.1, an upgrade shall commence under number 1.1.2. 8. Liability: To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of The Software’s actions, failure, bugs and/or any other interaction between The Software and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code. 9. Warranty: 9.1. Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights. 9.2. No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on Licensee’s Server[s] and Website[s]. 9.3. Prior Inspection: Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee found that The Software interacts with his development, website and server environment and that it does not infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding The Software's incompatibility, performance, results and features, and warrants that he inspected the The Software. 10. Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent the License, Licensor's intellectual property rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim. 11. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to the License and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full. 12. Changes to the License: Licensor reserves the right to make changes the License from time to time, The modified version of the License (hereinafter: the "Modified License") will be posted at https://static.imperialplugins.com/Legal/LICENSE.txt or made available within the Service (for any modified additional License). If Licensee do not agree to the Modified License Licensee must stop using The Software. Licensee's continued use of The Software after the date the Modified License are posted will constitute Licensee's acceptance of the Modified License.