This End User License Agreement (the Agreement) is a legal agreement between the individual or a legal entity (the Customer) and Skalfa LLC (the Company) that defines the rights and responsibilities of both sides related to the use of Oxwall Commercial Solution (the Solution) and all accompanying products (the Software). This Agreement is offered to the Customer conditioned on the Customer’s acceptance of the Agreement without modification of terms, conditions, and notices contained herein. The Customer’s use of the Solution and the Software constitutes their agreement to all such terms, conditions, and notices.
While Oxwall software is open source (read more about the license: http://www.oxwall.org/license), parts of the Software are not public domain, and are protected by the copyright laws of the US and reciprocal laws of the international community. In using the Software, the Customer is not obtaining title to the Software or any copyrights. Customer may not sublicense, rent, lease, convey, distribute, or copy the Software for any purpose. Customer may only redistribute the Software with the Company’s prior written permission. Where redistribution is authorised in writing by the Company, the Software must be redistributed in its original format, and must not be modified in any way. All such authorised redistribution must be accompanied by clear messages stating the origin of the software as a product by the Company, this license, a link to the Company website, and a further message saying that updates of the Software are available from the Company website.
The Software is a copyrighted commercial software package consisting of several components:
- open source platform Oxwall, licensed under Common Public Attribution License 1.0 (CPAL);
- third-party free distributed plugins (Advertisment, Photo, Messages, Facebook Connect, Virtual Gifts), licensed under Berkley Software Distribution license (BSD);
- third-party commercial plugins (User Credits, PayPal Billing, Membership, Pre-moderation), licensed under Oxwall Store Commercial License (OSCL);
The use of the complete Software package falls under the terms of this Agreement. This Agreement allows the installation of additional third-party plugins not covered by this Agreement to expand the Software functionality, in which case the Company bears no responsibility for stability and integrity of the Software and/or its operation. The installation and use of the Software signifies acceptance of this EULA inclusive of any future updates.
The Customer has the right to modify, translate, convert to another programming language, or disassemble the Software upon the purchase, in which case the Company bears no responsibility for stability and integrity of the Software and/or its operation. The Company’s responsibility for stability and integrity of the Software and/or its operation extends only to unaltered Software code, and/or modifications performed by the Company at its own discretion or the Customer’s request. All modifications introduced to Software components must comply with respective components’ licenses (CPAL, BSD, OSCL).
At any time the Company takes no responsibility for malfunction of Software components licensed under CPAL, BSD or OSCL. In case of compromised stability and integrity of the Software and/or its operation, the Company takes it upon itself to timely resolve the issue if dealing with its own Software components under OSCL, or immediately notify and, if possible, fast-track the resolution of the issue if dealing with Software components under CPAL, BSD and OSCL.
Upon the purchase of the Solution, the Customer is entitled to a free installation of the Software and one month of free Support service provided by the Company. Customer has the option of extending Support service provided by the Company beyond one month at additional fee set by the Company. Support services are provided by the Company on a guaranteed Monday to Friday, 24-hour response time basis.
Upon the purchase of the Solution, the Customer is entitled to lifetime free updates of the Software, with the option to request the Company to perform Software updates at additional fee set by the Company. The Company takes it upon itself to notify client about the availability of updates via newsletters or other means. Free lifetime updates do not include any kinds of migration between two incompatible versions of the Software.
The Company obliged to make a refund, if the refund inquiry is made before the service process started. No refunds after the service process start or completion.
The Company may collect personally identifiable information about the Client, including names, emails, addresses, phone numbers, credit card numbers, ZIP codes, ages, genders, IP addresses, browser types, domain names, etc. The Company guarantees non-disclosure of this information to third-parties. The Company may combine and use personal information collected from Customer at different times to improve its services by sending the Customer email newsletters or printed materials. This personal information will not be shared with third parties.
The Company is entitled to cancel the Agreement at any time in case of a violation of terms, conditions, notices of this Agreement on the part of the Customer.
All content of this Agreement is subject to change without notice, but the Company has no responsibility to update any information on the Company website. The Company reserves the right to change or modify this Agreement at any time, with changes effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting new Agreement on the Company website.
This agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to it or its formation, shall be governed by and construed in accordance with the laws of The United Stated of America. The parties irrevocably submit to the exclusive jurisdiction of the courts of the USA to hear and determine any suit, action or proceedings or settle any disputes arising out of or in connection with this agreement and to enforce any judgment against their respective assets.
By using the Solution, Customer agrees to this Agreement, disclaimer and license. Unless otherwise noted, all Software and Plugins on this site are subject to this default EULA.