USE OF THE PRODUCT
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Hexxu Services hereby grants Customer a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to access and use, execute, perform and display the Product, solely for Customer's own internal business use.
Only the Customer is entitled to use the license, but the license can be used for or on behalf of other parties or the provision of services for other parties than the Customer.
The Customer shall ensure that the license is not used in any manner which reflects adversely upon the name, reputation and/or goodwill of Hexxu Services or in breach of any applicable law or regulation.
Customer is at all time fully responsible and liable for all acts and omissions by Users to whom Customer has granted access to the Product and/or Third Party Solution. Customer agrees to indemnify Hexxu Services for all claims and losses related to any such acts and/or omissions.
If Subscription Fees apply, Hexxu Services reserves the right to revoke Unpaid Licenses.
RESTRICTIONS ON USE
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Restrictions on Use of Database Extension Kit: In addition to all other terms and conditions contained herein, Customer shall not and shall not permit others (including its Users) to:
copy, modify, adapt, translate or otherwise create derivative works of the Product;
reverse engineer, decompile, translate, disassemble or otherwise attempt to discover the source code of the Product;
rent, lease, sell, resell, assign, sublicense, transfer, distribute any or all of the Product or otherwise transfer rights in or to the Product;
access or use the Product for:
activities where the use or failure of the Product would reasonably be expected to lead to death, personal injury, or environmental damage (such as the creation or operation of nuclear facilities, air traffic control, life support systems, or weaponry);
In a manner intended to avoid incurring fees or to circumvent the specific usage limits or quotas of the Product;
For materials or activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the Department of State of the US or to process of store any data that is subject to the ITAR;
Remove any proprietary notices or labels from the Product;
use, post, transmit or introduce any device, software or routine which interfere or attempt to interfere with the operation of the Product;
use the Product for spamming or any other illegal or unauthorized purpose or engage in illegal or deceptive trade practices;
otherwise use of the Product in violation of any laws in your jurisdiction (including but not limited to copyright laws and Export control laws).
This list of prohibitions provides examples and is not complete or exclusive.
Hexxu Services may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, Hexxu Services will cooperate with law enforcement agencies in any investigation of alleged illegal activity associated with the Product or on the Internet.
Unauthorized use of any trademarked, copyrighted or patented materials contained in the Product may violate certain laws and regulations.
You agree to indemnify and hold Hexxu Services and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Hexxu Services or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Product or Third Party Solution or the use of this Product or Third Party Solution by any person using your User Account / License (including without limitation, Your Content (as defined below)) or Third Party Solution Account violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
SUSPENSION AND TERMINATION
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Hexxu Services reserves the right to suspend or terminate your License with or without cause, upon thirty (30) days notice without cause, or immediately without notice with cause or for any action that Hexxu Services determines is inappropriate or disruptive to the Product or to any other user of this Product.
Without prejudice to the above, Hexxu Services reserves the right to suspend or terminate Customer's License immediately, with or without notice, in particular if Hexxu Services reasonably determines that:
(a) Customer's or its Users' use of the Product or Customer Content disrupts or poses a security risk to the Product , any Third Party Solutions or any user of the Product , may harm Hexxu Services's systems, or may subject Hexxu Services or any third party to liability;
(b) Customer or any User is using the Product or Third Party Solution for fraudulent or illegal activities;
(c) subject to applicable law, Customer has ceased to continue Customer's business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding;
(d) Customer or any User is using the Product or other Hexxu Services property in breach of these Terms or is using any Third Party Solution in violation of the concerned Third Party Solutions terms and conditions;
FEES, SUBSCRIPTION TERM, TERMINATION AND REFUND
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Customer agrees to pay the License Fees applicable to Customer's and its Users' use of the Product. License Fees will be paid on ad hoc basis in accordance with Customer applicable plan as agreed with Hexxu Services when you registered for the License. All fees and charges are payable in advance and non-refundable, including in the case of unused subscription periods or after termination or cancellation, unless otherwise disclosed at the time of purchase.
License Term. The License Term shall commence on the Effective Date as defined below and will remain in effect until the expiration or termination of license period, whichever occurs first. "Effective Date" is the date You enter into these Terms by creating and registering an account with us on our website, or by mutually executing one or more order forms with us which reference these terms, or by otherwise accessing or using any part of the Product in any manner.
The terms of payment are net 8 days after invoice date unless order is placed and paid by credit card.
The Customer accepts that invoices and reminders sent by email to the email address provided by the Customer shall be deemed delivered when sent by Hexxu Services.
The prices, rates and types in force from time to time can be found on Database Extension Kit's website and may be changed at any time without prior notice. All prices exclude VAT which shall be applied at the prevailing rate.
Refund. If you are not 100% satisfied with your purchase, within 30 days from the purchase date, we will fully refund the cost of your order. This will generally be done using the same manner you used to make the purchase.
All refund requests should be made in writing by contacting our support team.
As displayed in the pricing page available on the DBExtensionKit website: https://www.dbextensionkit.com/pricing/ , Customer applicable licenses will be based on the number sites on which the Product will be used.
In case of non-payment for any reason (including, if applicable, internet payment processor's inability to charge your credit card or other payment method for any reason) or any violation of these Terms, Hexxu Services shall be entitled to immediately suspend Customer's and Users' licenses upon notice. You acknowledge that Hexxu Services may suspend or terminate your rights to use the Product if You are in breach of these Terms.
Customer agrees that Customer's paid use of the Product is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public or private comments made by Hexxu Services regarding future functionality or features.
FREE TIER
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If You register or use a free tier offer, we will make the Product available to You on a free tier basis until the start date of any purchased License subscriptions ordered by You for.
INTELLECTUAL PROPERTY
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Any information provided by the product and/or the service, other than the Customer's data, is protected by copyright and other intellectual property rights and is owned by or licensed to Hexxu Services unless stated otherwise by Hexxu Services. The Customer shall notify Hexxu Services of any actual or suspected infringement of Hexxu Services' intellectual property rights and any unauthorized use of the Product / the license that the Customer is aware of.
No intellectual property rights are assigned to the Customer.