License Agreement – Kirby Copilot

Published: 2024-01-22 Last updated: 2024-11-13

About this License Agreement

This License Agreement outlines the terms and conditions for the use of the Kirby Copilot plugin ("Plugin") sold on Lemon Squeezy by Johann Schopplich ("Licensor"). By purchasing, downloading, installing, or using the Plugin, you ("Licensee") agree to comply with this License Agreement.

Every effort has been made to accurately represent the Plugin and its potential. Please ensure you have read and understood the Plugin's capabilities and limitations, which are detailed on our website, before making your purchase.

Payment Processing

All payments for the Plugin are processed securely through our online reseller, Lemon Squeezy. Lemon Squeezy is the Merchant of Record for all our orders, ensuring that your payment information is handled with the highest level of security and compliance with PCI DSS standards. By purchasing the Plugin, you agree that you will not provide your payment details directly to us but will complete your purchase through the secure Lemon Squeezy platform.

Grant of License

The Licensee is granted a non-exclusive, non-transferable, perpetual license to use the Plugin on projects owned by the Licensee. This license includes access to updates and support as defined herein.

Third-Party Purchases

The Plugin license may be purchased by a third party on behalf of the intended Licensee. In such cases, the designated license holder specified during the purchase process shall be considered the Licensee under this agreement, and all terms and conditions shall apply to them. The purchasing party must ensure that the intended Licensee is aware of and agrees to the terms of this License Agreement.

Ownership and Intellectual Property

The Plugin is copyrighted by the Licensor. All rights not expressly granted to the Licensee are retained by the Licensor, including intellectual property rights.

Disclaimer of Affiliation

The Plugin is an independent product and is not affiliated with the developers of Kirby CMS. Trademarks used are owned by their respective trademark holders and do not imply endorsement.

Permitted Uses and Restrictions

The Licensee is permitted to use the Plugin in accordance with the documentation provided. The Licensee may modify the Plugin to the extent necessary for their personal use and for the Plugin to function within their projects. The following conditions and restrictions apply:

The Licensee may not distribute, sell, lease, sublicense, or offer the modified or unmodified version of the Plugin to any third parties.
The Licensee is prohibited from using the Plugin or its modified version for any commercial purpose other than as integrated into their own projects.
The creation of derivative works is permitted solely for the Licensee's use within their own projects and must not be distributed or made available to the public in any form.
Reverse engineering, decompiling, or disassembling the Plugin is prohibited, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
The Licensee may use the Plugin in various environments, including production, staging, and development environments, provided that the Plugin remains exclusively for the Licensee's use within their own projects and is not made accessible to the public outside of the completed project.
The Licensee agrees to ensure that any modifications to the Plugin do not infringe on the intellectual property rights of any third party or the Licensor and that the modifications comply with all applicable laws and regulations.

Any use of the Plugin outside of these conditions and restrictions is strictly prohibited and may result in the termination of this License Agreement.

Updates and Support

Minor and patch updates are provided for the Plugin. Major updates and support are available as specified on the purchase page.

Refund Policy

Refunds are provided under a 30-day money-back guarantee for the Plugin. Dissatisfaction with a purchase must be communicated within 30 days from the date of purchase to qualify for a refund. All refunds are subject to verification and approval by the Licensor. Completion of a purchase signifies acknowledgment and agreement to this refund policy.

Disclaimer of Warranty

THE PLUGIN IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESSED OR IMPLIED, IS GIVEN. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE PLUGIN INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE OF THE PLUGIN AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE. THIS PARAGRAPH ALSO APPLIES TO YOU IF YOU ARE NOT THE LICENSEE (E.G. IF YOU USE THE PLUGIN WHILE SOMEONE ELSE IS THE LICENSEE).

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL CUMULATIVE DAMAGES EXCEED THE FEES YOU PAID TO US UNDER THIS AGREEMENT IN THE MOST RECENT TWELVE-MONTH PERIOD. THIS PARAGRAPH ALSO APPLIES TO YOU IF YOU ARE NOT THE LICENSEE (E.G. IF YOU USE THE PLUGIN WHILE SOMEONE ELSE IS THE LICENSEE).

Termination

The License may be terminated by either party if terms are breached and not remedied within a specified period.

General Provisions

This Agreement constitutes the entire understanding between the parties. Amendments must be in writing. If any provision is unenforceable, the remainder remains in effect.

Governing Law

This Agreement is governed by thelaws of Germany. Any disputes arising from this Agreement shall be resolved through mediation, if possible, before resorting to litigation.

Severability

If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

Indemnification

The Licensee agrees to indemnify, defend, and hold harmless the Licensor from any claims, damages, losses, or expenses incurred due to Licensee's misuse of the Plugin or violation of this Agreement.

Data Protection

The Licensor complies with the General Data Protection Regulation (GDPR). Personal data collected is handled in accordance with the Licensor's privacy policy.

Amendments and Modifications

The Licensor reserves the right to amend this Agreement at any time. Continued use of the Plugin after such changes shall constitute the Licensee's consent to such changes.

Contact Information

For questions regarding your purchase, payment processing, refunds, or customer service inquiries, please note that our order process is conducted by our online reseller Lemon Squeezy. Lemon Squeezy is the Merchant of Record for all our orders, providing customer service inquiries and handling returns.

For questions regarding this License Agreement, please contact the Licensor at:

Johann Schopplich Paul-Gruner-Str. 38 04107 Leipzig Germany

Email: [email protected]