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www.manadev.com Terms and Conditions Agreement ("Agreement")

Please read these Terms and Conditions ("Agreement") carefully before purchasing Products and Services provided by UAB SOFTNOVA, operating www.manadev.com website ("us", "we", "our", "Licensor", "Provider"). This Agreement sets forth the legally binding terms and conditions for your use of our Products and Services.

The Agreement comes into legal force at the moment when you order our Products or Services from our site or use our Products.

  1. License
    1. Our Extensions and Themes ("Products") are protected by copyright and other intellectual property laws and treaties. Licensor or its suppliers own the title, copyright, and other intellectual property rights in the Products. The Products are licensed, not sold.
    2. GRANT OF LICENSE.
      1. After purchasing a single Product License, you may install, use, access, display and run Product files in a single directory containing installed Magento software (the "Magento Installation").
      2. If you run multiple stores (store views) by the same Magento installation one license is enough, except cases when you do not own those stores but rather rent or host them to other merchants - in these cases a separate License have to be purchased for each store.
      3. In addition to Magento Installation you use in web store processing real sales of real products (the "Production Environment"), you may install, use, access, display and run one additional copy of the Product on Magento Installation you use for development and testing activities (the "Testing Environment").
      4. If you are planning to use the Product within several different Production Environments, you shall buy as many product licenses, as many Production Environments you have.
    3. RESERVATION OF RIGHTS. Licensor reserves all rights not expressly granted to you in this Agreement.
    4. TRANSFER
      1. INTERNAL TRANSFER. You may move the Product to a different Magento Installation. After the transfer, you must completely remove the Product from the former Magento Installation.
      2. TRANSFER TO THIRD PARTY. The initial user of the Product may request a one-time transfer of the Product to another end user. Prior to the transfer, the transfer request has to be confirmed by Licensor and the end user receiving the transferred Product must agree to all the Terms and Conditions. The transfer has to include all component parts, media, printed materials, this license. The transfer may not be an indirect transfer, such as a consignment.
      3. NO RENTAL. You may not rent, lease, lend or provide commercial hosting services to third parties with the Product or any derivative works unless you have valid Reseller Agreement.
      4. NO RESALE. The Product or any derivative works may not be resold, transferred or used for any purpose other than demonstration, test or evaluation unless you have valid Reseller Agreement.
  2. Real Identity
    1. You must provide your real identity information when registering or making a purchase including:
      1. your real first and last name;
      2. your actual country of residence;
      3. your actual address;
      4. in case you act on behalf of a company, actual company name, code and VAT number of the company you represent.
    2. In case you accidentally or intentionally provide false identity information, you must correct it immediately when such false identity information is noticed by you or us.
    3. False identity information may result in incorrect Product or Service price or incorrectly calculated taxes.
      1. For instance, VAT can be calculated incorrectly when false country of residence is provided.
      2. In all such cases you have to compensate (pay) us the difference of total amount which would be calculated based on your true identity and amount which was charged based on contact details you provided.
      3. Such payment should be made no later than five working days after email notice.
      4. In case no payment is made five working days after email notice, we may terminate this agreement and cancel your License.
  3. Upgrade
    1. You can get the latest version of any Product with valid purchased License free of charge except for cases specified in this section..
    2. Right to receive new Software versions compatible with new major Magento release (such as Magento 2) should be purchased additionally. Price is specified in appropriate section of this website.
    3. New Software versions compatible with new minor Magento release (such as Magento 1.7, 1.8, etc) are free of charge. Licensor makes such versions available in reasonable needed amount of time depending on the amount and complexity of compatibility fixes needed.
  4. Support
    1. SUPPORT SERVICES.
      1. Support Services cover consulting of using the Software and fixing Software Errors which can be reproduced on Magento installation without any other extensions installed and using default Magento theme.
      2. Support services for first 6 months after purchasing License are free of charge.
      3. After 6 months after purchase, support services can be purchased at any time for the next 6 months. Price is specified in appropriate section of this site.
      4. Support Services are non-refundable.
    2. INSTALLATION SERVICES.
      1. Conflicts with other extensions and themes are not covered by Support Price and are solved by buying Installation Services. Price is specified in appropriate section of this site.
      2. Installation Services are provided for no more than 2 hours, if more time is needed, additional time should be purchased, for each additional hour buying additional instance of Installation Services.
      3. Installation Services are non-refundable.
      4. There is always a small probability that 2 given extensions can‘t work on the same Magento Installation. Installation Services are non-refundable even in such cases.
    3. PROFESSIONAL SERVICES.
      1. Professional Services are all other services not mentioned in "Support Services" and "Installation Services" section.
      2. Professional Services should be purchased before providing them. Price is specified in appropriate section of this site.
      3. Professional Services are non-refundable.
  5. Limited Warranty
    1. The Licensor warrants that the Product will perform substantially in accordance with the accompanying materials for a period of six months from the date of receipt.
    2. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (SIX MONTHS). AS TO ANY DEFECTS DISCOVERED AFTER THE SIX MONTH DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Product are not covered by any warranty or condition, express, implied or statutory.
    3. Warranty is not applied:
      1. if Magento Installation contains any modules, extensions, themes, translations or any other modifications of standard Magento functionality not provided by the Licensor;
      2. if Magento version or edition is not listed on Licensor's website as supported version or edition;
      3. if you do not provide all means to remove reported defect from the product, including but not limited to giving access to Magento administration panel, giving access through FTP or SSH, providing Licensor with full backup of MYSQL database and all Magento Installation files.
    4. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by the Licensor, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does not meet Licensor’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 5.6 below (“Exclusion of Incidental, Consequential and Certain Other Damages”) are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Licensor’s entire liability and your exclusive remedy shall be, at Licensor’s option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Product, or (b) repair or replacement of the Product, that does not meet this Limited Warranty and that is returned to the Licensor with a copy of your receipt. You will receive the remedy elected by Licensor without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Product to the Licensor). This Limited Warranty is void if failure of the Product has resulted from accident, abuse, misapplication, abnormal use. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
    5. DISCLAIMER OF WARRANTIES. Except for the Limited Warranty and to the maximum extent permitted by applicable law, the Licensor provides the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support or other services, information, software, and related content through the Product or otherwise arising out of the use of the Product. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
    6. CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF THE LICENSOR, AND EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  6. Refund
    1. To ensure your protection we offer 14-day money back guarantee for our Extensions.
    2. We do not provide money backs for:
      1. any services including but not limited to Support Services, Installation Services and Professional Services;
      2. our Theme Licenses;
      3. transaction costs, credit card fees or any other expenses related to the purchase;
    3. To request a refund please email us to support at manadev.com your order number, transaction ID, payers email and store URL.
    4. Refunds are not issued in case terms and conditions of this Agreement are violated by you.
  7. Privacy
    1. PRIVACY STATEMENT. We respect your right to privacy. This section summarizes what personally identifiable information we may collect, and how we might use this information. This section also describes other important topics relating to your privacy.
    2. INFORMATION COLLECTION. We only will collect personally identifiable information (such as name, title, company name, address, telephone number, or e-mail address) that you voluntarily provide through our website or e-mail correspondence. We will collect general information (such as the type of browser you use, the files you request, and the domain name and country from which you request information) to improve our Web site and better meet your needs.
    3. USE OF INFORMATION. Before we collect any personally identifiable information, we will provide an explanation for the possible use of your data. The information you supply will be used by us to fulfill your orders for our Products and Services, respond to your inquiries, supply you with requested information the products and services. We may also use the information to inform you about new features, Products or Services if you explicitly instructed us to do so.
    4. OTHER SITES. This web site may contain links to other sites. We do not endorse or otherwise accept responsibility for the content or privacy policies of those sites.
    5. USE OF COOKIES. Additionally, some of our Web pages may contain "cookies," which are data that may be sent to your Web browser and stored on your computer. This allows our server to "recognize" you when you visit our Web site in the future. Most Web browsers can be configured to not accept cookies, or to notify you if a cookie is sent to you.
    6. It may be necessary, if required by law or if pertinent to judicial or governmental investigations, to release your personally identifiable information.
  8. Changes To This Agreement
    1. We reserve the right, at our sole discretion, to modify or replace this Agreement by posting the updated terms on the Site. Your continued use of our Products and Services after any such changes constitutes your acceptance of the new Terms and Conditions.
    2. Please review this Agreement periodically for changes. If you do not agree to any changes to this Agreement, do not use our Products and Services or discontinue any use our Products and Services immediately.
  9. Termination
    1. This agreement will continue while you use our Products or Services.
    2. Without prejudice to any other rights, the Licensor may terminate this Agreement immediately if you do not abide by any terms and conditions of this Agreement, including but not limited to the following cases:
      1. use of a Product in Production Environment without having valid License for that Production Environment (see "License" section for more details);
      2. providing false identity details (see "Real Identity" section for more details).
    3. During five working days after Agreement termination email notice you must do one of the following:
      1. pay the damage:
        1. pay all the unpaid money for additional licenses for all unlicensed Production Environments - in case of using unlicensed Product;
        2. pay the difference of total amount which would be calculated based on your true identity and amount which was charged based on contact details you provided - in case of providing false identity details;
      2. destroy all copies of the Products covered by cancelled Licenses and all of their component parts.