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Licensing Agreement

1. General Terms

This Licensing Agreement (“Agreement”) is entered into by and between Devscope (“Licensor”) and the individual or entity (“Licensee”) acquiring a license to use the software products provided by the Licensor.

By purchasing, renting, or subscribing to any of our software, the Licensee agrees to be bound by these terms and conditions, which govern the use of all products offered by Devscope.

Devscope specializes in developing a wide range of software solutions, including but not limited to:

  • WordPress Plugins and Themes: Tools to enhance website functionality, customization, and performance.
  • Games and Interactive Applications: Tailored solutions for entertainment, education, or engagement.
  • Custom Software: Small-scale applications and utilities designed to meet specific business or personal needs.
  • Other Digital Tools: Innovative products aimed at improving productivity, user experience, and system integration.

This Agreement applies to all Devscope software products, ensuring consistent licensing terms across the entire portfolio.

2. License Type

The Licensee is granted a limited, non-exclusive, non-transferable, and revocable right to use the licensed software for the period of the subscription. The Licensee understands that this license does not grant ownership rights over the software, but only the right to use it under the conditions outlined in this Agreement.

3. Annual Renewal

The Licensee must renew the license annually to maintain access to updates, bug fixes, and customer support. If the Licensee fails to renew the license by the anniversary of the purchase date, the Licensor reserves the right to suspend all services, support, and access to software updates.

4. Restrictions

The Licensee is prohibited from:

  • Copying, modifying, or distributing the software or any portion of it without prior written consent from the Licensor.
  • Creating derivative works based on the software.
  • Reselling, sublicensing, or making the software available to third parties in any way not authorized by this Agreement.

Any unauthorized use of the software will be considered a breach of this Agreement and will result in immediate termination of the license, along with potential legal action.

5. Indemnification and Unauthorized Use Clause

If the Licensee fails to pay the annual license renewal fee or engages in unauthorized activities such as copying, distributing, or misusing the software, the Licensee agrees to indemnify, defend, and hold harmless the Licensor from any and all losses, damages, liabilities, costs, and expenses arising from such actions. This includes, but is not limited to:

  • Legal Fees: Costs associated with pursuing legal action against the Licensee.
  • Penalties and Fines: Any penalties imposed as a result of unauthorized use.
  • Additional Costs: Other expenses incurred due to the Licensee’s breach of this Agreement.

Furthermore, the Licensee acknowledges that any damages resulting from unauthorized use, copying, or distribution of the plugins will result in an indemnification amount capped at a maximum of 10 times the current cost of the product at the time of the claim. This limitation applies irrespective of the nature of the claim, whether arising from contract, tort, or any other legal theory.

By accepting this Agreement, the Licensee agrees to these terms and acknowledges the severity of unauthorized use of the software.

6. Software Rental Terms

The Licensee understands that the software provided is on a rental basis, and continued usage is contingent upon timely payments. The Licensee agrees not to claim ownership of the software and acknowledges that the Licensor retains full ownership and all intellectual property rights.

7. Access and Use of Server Information

By purchasing and using our plugins, you agree to provide necessary access credentials to your server for installation, configuration, or evaluation purposes. These credentials will only be used to:

  • Install and Configure Plugins: Ensure proper functionality and integration of our software with your website.
  • Technical Support: Troubleshoot and resolve any issues related to the plugin’s performance or compatibility.

Data Usage and Security

  • All server credentials provided will be handled with strict confidentiality and used solely for the purposes outlined above.
  • We are committed to ensuring that no other aspects of your server or website are accessed or altered without explicit permission.

Termination of Subscription

In the event that your subscription ends and you choose not to renew:

  • We reserve the right to uninstall or delete any software or plugins provided under the subscription.
  • The removal of the software or plugins will not compromise or alter the overall functionality of your website.

9. Liability Disclaimer

The Licensor shall not be liable for any incidental, consequential, or indirect damages arising out of the use or inability to use the software, including without limitation loss of profits, business interruption, or loss of data. The software is provided “as is,” and the Licensor makes no warranties regarding its functionality, reliability, or suitability for any particular purpose.

9. Termination

The Licensor reserves the right to terminate this Agreement immediately in the event of a breach by the Licensee. Upon termination, the Licensee must cease all use of the software and delete all copies in their possession or control.

10. Governing Law

This Agreement shall be governed by and construed in accordance with international law, without regard to conflicts of law principles. The Licensee agrees that any disputes arising from or related to this Agreement will be resolved through arbitration in a mutually agreed-upon jurisdiction.

11. Monitoring of Software Usage

Purpose of Monitoring:
To ensure the proper functionality, security, and compliance with the software’s terms of use, Devscope LLC and its licensees reserve the right to implement technical monitoring systems. These systems collect technical information related to the execution and usage of the software.

Data Collected:
The monitoring systems may automatically collect the following data:

Information about the domain from which the software is executed.
IP addresses of the server or device where the software is installed and used.
Activity logs, such as usage frequency and potential technical issues.
Contact information of the administrator configured within the software, if provided.

Purpose of Collected Data:

Detect and prevent unauthorized use of the software.
Identify technical issues to provide support and product improvements.
Ensure compliance with the terms of use and licensing agreements.

Data Storage and Processing:
All collected data will be securely stored

User Consent:
By installing or using the software, the user explicitly agrees that Devscope LLC may perform such monitoring and collect the data described in this clause. Users who do not agree to this policy must refrain from using the software.

Actions for Unauthorized Use:
In the event unauthorized use of the software is detected, Devscope LLC reserves the right to:

Suspend or limit access to the software.
Claim compensation in accordance with the terms of use.
Initiate legal action under applicable intellectual property laws.

User Rights:
Users have the right to request information about the data collected, correct any inaccurate data, and, where applicable, request the deletion of personal data, except where such data is necessary to ensure compliance with the terms of use.

12. Entire Agreement

This Agreement represents the entire understanding between the Licensor and the Licensee concerning the licensing of the software and supersedes all prior communications, agreements, and understandings.