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Please read our terms of service carefully and ensure you understand them before downloading or using any products from Clowds.nl. By checking the box "I have read and agree to the Terms of service" before purchasing a product, or by purchasing, downloading, installing, or otherwise using the software made available by Clowds via this website, you acknowledge:
that you have read this agreement
that you fully understand it
that you agree to its terms and conditions
and that, to the extent you are entering into this agreement on behalf of a company, you have the authority to bind that company.
Terms and Definitions
Clowds is the sole owner of all software rights made available through this website. These rights are granted under the laws of the applicable jurisdiction, including ownership rights and exclusive copyrights.
"Software" refers to themes, templates, modules, plug-ins, apps, extensions, or other software made available by Clowds through this website.
"You" (or "Your") or "Licensee" means you or the company you represent and on whose behalf you are authorized to enter into binding agreements.
1 The Agreement and Software Use
Clowds grants you a non-exclusive, non-transferable, revocable, limited license to view, print, and distribute content obtained from the website, subject to this LICENSE AGREEMENT.
1.1 Unauthorized Use
We strongly discourage you from offering our themes, plugins, or other modified or unaltered products for redistribution or resale without prior permission from Clowds.
Creating derivative works of the Software, disclosing the source code of the Software in any way, or porting the Software to other software platforms and systems without the prior written permission of Clowds is strictly prohibited.
1.2 Transferability
The license key guarantees updates to our servers. You may not sublicense, transfer or assign this license to anyone else without the prior consent of Clowds.
1.3 Ownership
You may not claim any intellectual or exclusive ownership rights in our products, whether modified or otherwise. All products are the property of Clowds. Our products are provided "as is" without warranty of any kind, either express or implied. In no event will our legal entity be liable for any damages, including but not limited to direct, indirect, special, incidental or consequential damages or other losses arising from the use of or inability to use our products.
User accounts and product licenses are not transferable. If you are a contract developer or a representative of an individual, please request that they purchase the product directly from us. This saves time on both sides when we have to handle support tickets.
1.4 Unlawful use
You may use the software from this website only for lawful purposes and in accordance with these terms of service. Transmitting, distributing or storing any material in violation of any applicable law or regulation is prohibited. This includes, without limitation:
material protected by copyright
trademark, trade secret
other intellectual property rights used without appropriate permission
and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws
We are the sole arbiters of what constitutes a violation of this provision, provided that all such judgments are made reasonably in good faith based on applicable laws, regulations and accepted standards of the Internet community.
2 The license types
2.1 Single URL License
These terms apply only if you have obtained a single URL license for the software from Clowds. They do not apply if you have been licensed for multiple URLs.
For the software covered by this Single URL License, Clowds hereby grants to Licensee, and Licensee hereby accepts, a non-transferable, non-sublicensable, perpetual, non-exclusive license (the “Single URL License”) to install and use such software and associated documentation solely on a single website URL and by strictly complying with the terms and conditions set forth in this Agreement.
2.2 Multiple URL License
These terms only apply if you have obtained a multi-URL license for the software from Clowds. They do not apply if you have licensed a single URL.
Multi-URL licenses are only valid for a maximum of 4 URLs. Clowds hereby grants to Licensee the software licensed under this Multiple URL License. Licensee hereby accepts a non-transferable, non-sublicensable, perpetual, non-transferable license.
3 Software Updates
If you have purchased the software under the single-URL or multi-URL license, you are entitled to free software updates for 365 days should an upgrade of a purchased plugin or theme become available during that period. The 365-day period commences on the date of the software purchase. After this period, you will receive a 50% discount on the latest version update for the product in question. Additional fees apply for each NopCommerce version upgrade.
4 Software Support
Upon purchasing software under the single-URL or multi-URL license, you are entitled to free software support for thirty (30) days following the purchase date. Clowds will provide an initial response (though not necessarily a resolution) within twenty-four (24) hours of receiving a support request via a support ticket on the website and will resolve the issue as quickly as possible. Your entitlement to support expires after the thirty-day (30) period unless you purchase additional support from Clowds for an extra fee. Additional support expires after 265 days following the purchase date.
All support inquiries must relate exclusively to the software products offered on this website.
5 Refunds
Generally, we do not offer refunds once the software has been delivered or downloaded. Before purchasing software, you should carefully read the description, documentation, specifications, and all other information on the product page.
However, should a refund request arise, Clowds will carefully review each individual request. Clowds will refund your purchase within 14 days of receiving your request, provided Clowds deems this reasonable.
6 Duration and termination
6.1 Duration
This Agreement and the Licenses granted herein will remain in effect so long as you use the Software in accordance with this Agreement.
6.2 Termination
Clowds reserves the right to terminate this Agreement and the Licenses granted hereunder if you fail to comply with the terms and conditions of this Agreement. Upon termination of this Agreement for any reason, the License granted to you hereinafter shall automatically terminate. You must immediately cease using the Software and destroy all copies of the Software in your possession. Unless otherwise prohibited by law and without prejudice to Clowds' other rights or remedies, and without limiting the generality of the foregoing, Clowds shall have the right to immediately terminate this Agreement and the License granted herein if:
You violate any of the License restrictions set forth herein or engage in or collaborate with any third party in the unauthorized production, duplication, reverse engineering or distribution of Clowds software (including the Software);
You engage in any activity related to the Software that is prohibited by law/you engage in the unauthorized use of Clowds software (including the Software) or infringe any Clowds intellectual property right.
7 Discontinuation of the product
Clowds is obligated to provide support for the Software under the terms set forth in this Agreement. Clowds will provide support for all discontinued components for ninety (90) days from the date of discontinuation. However, Clowds reserves the right to discontinue any portion of the Software at any time, whether offered as a standalone product or solely as part of the Software.
8. Limited Warranty
This limited warranty applies only to the Software licensed under the Single URL License or the Multiple URL License. This limited warranty does not apply to the Software licensed under the Free License.
Clowds warrants that the Software will function substantially in accordance with its written documentation for ninety (90) days from the date you purchase the Software. Clowds does not warrant that use of the Software will be uninterrupted or error-free at all times and under all circumstances, nor that program errors will be corrected. This limited warranty does not apply to errors or malfunctions resulting from:
Machine errors
Failure to follow operating instructions by the Licensee
Negligence or improper use of the Software by the Licensee
Modifications to the Software by any person or entity other than Clowds
In the event of any breach of the foregoing express warranty, Licensee's sole and exclusive remedy and Clowds' sole and exclusive obligation shall be the repair or replacement of the defective Software. If any such remedy fails of its essential purpose, Licensee's sole remedy and Clowds' maximum liability shall be limited to a refund of the purchase price of the defective Software. This limited warranty is only valid if Clowds receives written notice of the violation of the warranty no later than thirty (30) days after the expiration of the warranty period.
Except for the express warranties set forth in this Section 8, Clowds disclaims all other warranties, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose.
9. Limitation of Liability
Clowds shall not be liable for any indirect, special, incidental or consequential damages arising from the use of or inability to use the Software, including, but not limited to, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable basis (contract, tort or otherwise) on which the claim is based. In any event, Clowds' aggregate liability with respect to your use of the Software under this Agreement will not exceed in the aggregate the sum of the license fees paid by Licensee to Clowds for the Software giving rise to such damages, without regard to the failure of essential purpose of any limited remedy, to the maximum extent permitted by applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply. Clowds and its licensors will not be liable for any damages arising from any content provided by Licensee or any third party accessible through the Software, on any website built using the Software, material linked to through such Content or any such website, or any add-on modules you develop using the Software. The extent of Clowds' liability for the limited warranty is set out therein.
10. Indemnification
You agree to indemnify, hold harmless and defend Clowds, its licensors and its resellers from and against any and all claims, actions and proceedings (collectively, "Claims"), and all costs, expenses (including attorneys' fees), judgments, damages and other liabilities arising out of such Claims, arising or resulting from:
Your use or misuse of the Software or of the websites you develop and operate using the Software (excluding claims solely for infringement of third party intellectual property rights resulting from your authorized use of the Software)
The add-on modules that you develop using the Software.
You acknowledge that you have read this Agreement, that you understand this Agreement, and that by continuing to install the Software, loading or running the Software, or placing or copying the Software on your computer hard drive, you agree to the terms and conditions of this Agreement. You further agree that, except as separate written agreements between Clowds and you, this Agreement constitutes the complete and exclusive statement of the rights and obligations of the parties.