Conditions of Use

THIS SITE, NOP-STATION.COM, (HEREAFTER REFERRED TO AS NOPSTATION) IS A CONCERN OF BRAINSTATION-23 LTD. PLEASE CAREFULLY READ, REVIEW AND BE SURE YOU UNDERSTAND OUR TERMS OF USE PRIOR TO DOWNLOADING OR USING ANY OF THE MATERIALS OR PRODUCTS FROM NOP-STATION.COM. BY CHECKING THE “I HAVE READ AND AGREE TO THE END USER LICENSE AGREEMENT” BOX BEFORE PURCHASING A PRODUCT AND/OR BY PURCHASING, DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE MADE AVAILABLE BY NOPSTATION THROUGH THIS WEBSITE, YOU ACKNOWLEDGE (1) THAT YOU HAVE READ THIS AGREEMENT, (2) THAT YOU UNDERSTAND IT, (3) THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AND (4) TO THE EXTENT YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU HAVE THE POWER AND AUTHORITY TO BIND THAT COMPANY. 

 

Terms and Definitions 

nopStation is the only owner of all software rights for the software, made available through this web site, which rights are granted by the law of a jurisdiction, including right of property as well as exclusive author and interest rights. 

The software shall mean themes, templates, modules, plugins, apps, extensions or any other software made available by nopStation through this web site. 

You (or “Your”) or Licensee shall mean you or the company you represent and are authorized to bind. 

 

1. The Agreement Grant and the Software usage 

nopStation grants you a nonexclusive, non-transferable, revocable, limited license to view, print and distribute content retrieved from the website in accordance with this LICENSE AGREEMENT. 

1.1 Unauthorized Use 

We strongly discourage you to offer our themes, plugins or any products to be modified or unmodified, for redistribution or resale of any kind without prior consent from nopStation. 

Creating any derivative works of the software, or disclosing the source codes of the software in any way, porting of the software to other software platforms and systems without prior written approval from nopStation is prohibited. 

1.2 Assignability 

The license key ensures updates from our servers. You may not sub-license, assign, or transfer this license to anyone else without prior consent from nopStation. 

1.3 Ownership 

You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are the property of nopStation. Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products. 

User Accounts and Product Licenses are not transferable. 

If you are a contractual developer or a representative of a person, please ask them to purchase the product from us directly. It saves time on both sides when we follow up support tickets. 

1.4 Illegal Use 

You may use the software from this website only for lawful purposes and in accordance with these Terms of Use. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. We will be the sole arbiters as to what constitutes a violation of this provision, provided that all such determinations shall be made reasonably in good faith based on applicable law, regulation and the accepted norms of the Internet community. 

 

2. The License Types 

2.1 Single URL License 

This terms and conditions section is applied only if you have obtained a Single URL License for the software from nopStation. They do not apply to your use if you have obtained a Multiple URL license. 

For the software, licensed under this Single Domain License, nopStation 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 this software and any accompanying documentation only on a single web site domain and by strictly adhering to the terms and conditions set forth in this Agreement. 

2.2 Multiple URL License 

This terms and conditions section is applied only if you have obtained a Multiple URL License for the software from nopStation. They do not apply to your use if you have obtained a Single URL license. Multiple URL licenses are only for a maximum of 10 URLs. 

For the software, licensed under this Multiple URL License, nopStation hereby grants to Licensee and Licensee hereby accepts, a non-transferable, non-sublicensable, perpetual, non-exclusive license (the “Multiple URL License”) to install and use this software and any accompanying documentation on one or several web site domains and by strictly adhering to the terms and conditions set forth in this Agreement. 

 

3. Software Updates 

If you have purchased the software licensed under the Single URL License or the Multiple URL License, you are entitled to free updates of the software within 365 days if there is any version upgrade from nopcommerce within the given time, condition added if the version is upgraded from nopStation. The 365 days time period will be counted since the date of purchasing the software. After that period you will get 50% discount for getting the latest version update of the respective product. Any version upgrade requires additional charge to upgrade from the current version. 

 

4. Software Support 

After purchasing any software licensed under the Single URL License or the Multiple URL License, you are entitled to a free software support 30 days after the date of purchasing the software. nopStation will provide an initial response (but not necessarily a resolution) to each support inquiry via support ticket from the website within twenty-four (24) hours of receipt of such support inquiry, and will resolve the issue as soon as is reasonably possible. You will lose the right to receive support after a 30 days period, unless you purchase additional support from nopStation at additional cost. 

All support inquiries must only be related to the software products offered on this web site. 

 

5. Refund 

Once the Software is delivered/downloaded we do not generally offer any refund. Before you purchase any Software make sure you have read carefully the description, specifications and all other information published on the software product page of the software product, which you intend to buy and that you have carefully tested the demo of the software product. 

However, if there are claims for refunds, nopStation will carefully examine every individual claim. nopStation  will refund your purchase in 14 days after receiving your purchase refund claim, if it is found reasonable by nopStation. 

 

6. Term and Termination 

6.1 Term 

This Agreement and the Licenses granted hereunder shall last as long as you use the Software in compliance with this Agreement. 

6.2 Termination 

nopStation reserves the right to terminate this Agreement and the Licenses granted hereunder if you fail to comply with any of the terms and conditions of this Agreement. Upon termination of this Agreement for any reason the License granted to you hereunder shall terminate automatically and you must immediately cease use of the Software and destroy all copies of the Software in your possession. Unless otherwise prohibited by law and without prejudice to nopStation’s other rights or remedies, and without limiting the generality of the foregoing, nopStation shall have the right to terminate this Agreement and the License granted hereunder immediately in the event that:  

  1. you breach any of the License restrictions set forth herein, or engage in, or participate with any third party in the unauthorized manufacture, duplication, reverse-engineering, distribution of any software of nopStation (including the Software), or engage in any activities involving the Software that are prohibited by law; or  

  2. you engage in the unauthorized use of any software of nopStation (including the Software) or infringe upon any intellectual property right of nopStation. 

7. Product Discontinuance 

nopStation is obligated to provide support for the Software in accordance with the terms set forth in this Agreement, nopStation will provide support for all such discontinued components for a period of 90 days after the date of discontinuance. However, nopStation reserves the right to discontinue at any time any component of the Software, whether or not it is offered as a standalone product or solely as a component of the Software. 

 

8. Limited Warranty 

This limited warranty applied only to the Software licensed under the Single Domain License or the Multiple Domain License. This limited warranty does not apply to the Software licensed under the Free License. 

nopStation warrants solely that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days after the date on which you purchase the Software. nopStation does not warrant the use of the Software will be uninterrupted or error free at all times and in all circumstances, nor that program errors will be corrected. This limited warranty shall not apply to any error or failure resulting from (i) machine error, (ii) Licensee’s failure to follow operating instructions, (iii) Licensee’s negligence or improper use of the Software, (iv) modifications to the Software by any person or entity other than nopStation. In the event of a breach of the foregoing express warranty, Licensee’s sole and exclusive remedy and nopStation's sole and exclusive obligation, is repair or replacement of the defective Software. If such remedy fails of its essential purpose, Licensee’s sole remedy and nopStation’s maximum liability shall be a refund of the paid purchase price for the defective Software only. This limited warranty is only valid if nopStation receives written notice of breach of warranty no later than thirty (30) days after the warranty period expires. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 8, nopStation DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

 

9. Limitation of Liability 

nopStation will not be liable for any indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. In any case, nopStation's entire liability regarding your use of the Software under this Agreement shall not exceed in the aggregate the sum of the license fees Licensee paid to nopStation for the Software giving rise to such damages, notwithstanding any 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 be applicable. nopStation and its licensors are not responsible for any liability arising out of content provided by Licensee or a third party that is accessed through the Software, on a website built using the Software, any material linked through such content or such website, any add-on modules you develop using the Software. The extent of nopStation's liability for the limited warranty section shall be as set forth therein. 

  

10. Indemnity 

You agree to indemnify, hold harmless, and defend nopStation, its licensors and its resellers from and against any and all claims, lawsuits and proceedings (collectively “Claims”), and all expenses, costs (including attorney’s fees), judgments, damages and other liabilities resulting from such Claims, that arise or result from (a) your use or misuse of the Software or from the websites that you develop and administer through the use of the Software (but excluding such Claims that are solely attributable to infringement of third party intellectual property rights solely as a result of your authorized use of the Software), or (b) the add-on modules you develop using the Software. 

  

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT’S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN SEVEN SPIKES AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.