magcore-theme-chocolate/license.md

Chocolate theme for magsdk

License Agreement
=================

This License Agreement governs the use of the program which is distributed together with this License Agreement in the same archive file (hereinafter – the "Program"). Before using the Program, please read this License Agreement carefully. Any use of the Program means your full and express acceptance of this License Agreement. If you do not accept this License Agreement or any portion thereof, you are strictly prohibited from using the Program.


## 1. License Grant ##

1.1. Each licensee under this License Agreement is referred to as "You".

1.2. The owner of the exclusive rights for the Program is referred to as "Licensor".

1.3. By copying and/or downloading the Program on personal computer or server, You fully and expressly agree to abide by this License Agreement.

1.4. Use of the Program is permitted solely and strictly under the terms stipulated herein. If You do not accept this License Agreement or any portion hereof, You are strictly prohibited from using the Program.

1.5. Subject to the terms of this License Agreement, you may use the Program solely for its intended purpose. The license granted hereunder is non-exclusive, non-transferable, worldwide and royalty-free.

1.6. IT IS STRICTLY PROHIBITED, AND YOU MAY NOT MODIFY, CHANGE, DECOMPILE, DISASSEMBLE, DECRYPT, AND PERFORM ANY OTHER ACTIONS WITH THE SOURCE AND/OR OBJECT CODE OF THE PROGRAM, WHICH ARE AIMED AT OBTAINING INFORMATION ON THE IMPLEMENTATION OF THE ALGORITHMS USED IN THE PROGRAM, AT CREATING DERIVATIVE PRODUCTS BY USING THE PROGRAM. YOU ARE STRICTLY PROHIBITED FROM THE USE OF THE PROGRAM WHICH IS INCONSISTENT WITH ITS INTENDED PURPOSE. YOU AGREE THAT YOU SHALL MAKE NO COPIES OF THE SOURCE AND/OR OBJECT CODE OF THE PROGRAM FOR ANY REASON. YOU AGREE NOT TO TRANSLATE, ADAPT, VARY, DISASSEMBLE, DECOMPILE OR REVERSE ENGINEER ANY OF THE FOREGOING.

1.7. You may not change the name of the Program and change or remove any copyright notices, trademark notices, and licenses from the Program.

## 2. Representations and Warranties ##

2.1. THERE IS NO WARRANTY FOR THE PROGRAM TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING, THE PROGRAM IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, PERFORMANCE OR NONINFRINGEMENT UPON THE PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PARTY. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. LICENSOR MAKES NO WARRANTY THAT THE PROGRAM AND ALL OTHER MATERIAL RELATED THERETO WILL MEET YOUR SPECIFIC OBJECTIVES OR NEEDS OR THAT THE PROGRAM WILL BE FREE FROM ERRORS OR BUGS. LICENSOR MAKES NO WARRANTY THAT THERE WILL BE UNINTERRUPTED OPERATION OF THE PROGRAM. YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING EXCLUSIONS AND DISCLAIMERS OF WARRANTIES ARE AN INTEGRAL PART OF THIS LICENSE AGREEMENT.

2.2. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES INCURRED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2.3. If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program.


## 3. Your Responsibilities ##

You shall not attempt to correct any errors in the Program or do anything to alter or modify any source code, programming code or object code contained therein.  You shall promptly report any errors in the operation of the Program to Licensor. You shall use the Program only for its intended purpose and only in the manner intended and described either in this License Agreement or in any instruction manual pertaining to the Program. You shall immediately notify Licensor of any third party infringement concerning the Program of which You may become aware. You shall only use the Program on computers which meet the requirements for the Program.


## 4. Termination ##

In the event that You, (i) breach any of the terms and conditions of this License Agreement, or (ii) use the Program in a manner which is inconsistent with the license granted to You pursuant to this License Agreement, or (iii) You use the Program in a manner which is inconsistent with its intended purpose, or (iv) You attempt to assign, transfer or sublicense the Program or any portion thereof to any third party, or (v) You file a voluntary petition in bankruptcy, You make an assignment for the benefit of creditors, You apply for or consent to the appointment of a custodian, receiver, trustee or liquidator for all or part of Your assets, or an involuntary petition in bankruptcy is filed against You which is not discharged for a period of sixty (60) days, then this License Agreement automatically terminates. Upon termination of this License Agreement, you must uninstall and delete all copies of the Program from Your personal computer and server immediately.


## 5. Injunctive Relief ##

You acknowledge and agree that an actual or threatened violation by You of this License Agreement will cause Licensor immediate and irreparable harm and injury which cannot be fully compensated by an award of damages or other remedies at law. Accordingly, You acknowledge and agree that in such case, Licensor shall be entitled, as a matter of right, to an injunction from any Court of competent jurisdiction restraining any further violation by You of this License Agreement; such right to an injunction shall be cumulative and in addition to, but not in limitation of any other rights that Licensor may have against You, at law or in equity. This Section shall survive the termination of this License Agreement, indefinitely.


## 6. Collection of Information ##

You are notified and agree that Licensor may, for the purposes of improving performance and compatibility of the Program and providing individual support, collect, process, and store information such as IP address and server identifiers. With respect to customer information, please note the following:

* Licensor does not sell customer or user information;
* Licensor expects persons or organizations that provide services on our behalf to keep customer information confidential and use it only to provide the services Licensor has asked them to perform;
* Within Licensor, Licensor communicates regarding the need to protect Your customer and user information to those individuals who may have access to it, and Licensor has established physical, electronic, and procedural safeguards to protect customer information.
* Licensor complies with all applicable federal, state and local laws.

Licensor receives customer or user information from various sources, including information from:

* Your requests for Licensor' services;
* Your transactions with Licensor, our affiliates, or others; and
* Nonpublic information that You provide directly to Licensor.

Licensor uses nonpublic information that it has about You, as described above, to give You superior products and services, provide convenient access to Licensor's products and services, and make a wider range of services available to You.  Licensor furnishes Your nonpublic information to its service providers and generically to serve the function of what Licensor does.  However, Licensor does not disclose your specific nonpublic information to other third parties, except as otherwise described in this policy.

Licensor may disclose your nonpublic information as permitted by law. For example, Licensor may share nonpublic information with regulatory authorities and law enforcement officials who have jurisdiction over Licensor or if Licensor is required to do so by the applicable law; provide nonpublic information to others to protect against fraud; and share nonpublic information with others with Your consent.  Licensor also may share nonpublic information with firms it hires to market its services or with non-affiliated companies with whom Licensor has joint marketing agreements to provide You with offers of their services. These companies may receive customer information, but they are restricted in its use and they are required to comply with all applicable federal, state and local laws.

If You prefer that Licensor does not disclose Your nonpublic information to non-affiliated third parties, You may opt out of those disclosures, that is, you may direct Licensor not to make those disclosures, other than disclosures as permitted by law, by sending an Email directly to Licensor at sales@infomir.eu.

When Licensor shares nonpublic information with companies working on Licensor's behalf, Licensor insists that such companies use the nonpublic information only to provide the service that Licensor has asked them to perform.  Within Licensor, customer or user information is available only to those individuals who may need to see it to fulfill and service the needs of Licensor's customers or the general function of Licensor. Licensor communicates regarding the need to protect nonpublic information to all employees and agents, especially to those individuals who have access to it.  In addition, Licensor has established and maintains physical, electronic, and procedural safeguards to comply with regulations to protect nonpublic information.


## 7. No Liability for Third Party Claims ##

Licensor shall not be liable for claims made against Licensor or You arising out of your use of the Program and the materials related thereto and You hereby agree to indemnify, defend and hold Licensor and its members, officers, directors, shareholders, employees, agents and affiliates harmless from and against any and all claims of every nature or type, that may be brought or asserted against Licensor or any of Licensor's members, officers, directors, shareholders, employees, agents and affiliates by any other party arising out of (i) Your use of the Program and/or the material related thereto, or (ii) Your breach of Your obligations, duties and responsibilities under this License Agreement, or (iii) any breach or default under any representations, warranties, guaranties or other written or oral statements made by or on behalf of You or any person under Your control, including, without limitation, Your agents.


## 8. Notices ##

Any notice required to be given to Licensor under this License Agreement or in connection with it, or any other provision of information shall be in writing and shall be sent to the email address: sales@infomir.eu.


## 9. Governing Law; Jurisdiction ##

This License Agreement shall be construed and enforced in accordance with the laws of the State of New York, without regard to the conflict of law principles thereof.  In the event of a dispute arising under this License Agreement, the Supreme Court of the State of New York, venued in Kings County and the United States District Court for the Eastern District of New York venued in Kings County shall have co-exclusive jurisdiction to resolve such a dispute.


## 10. No Assignment ##

Neither this License Agreement nor any interest in this License Agreement may be assigned or sublicensed by You without the prior express written approval of Licensor and any attempt by You to assign or sublicense this License Agreement or any interest herein without the prior express written approval of Licensor shall be null, void and of no force and effect.


## 11. Entire Agreement ##

This License Agreement is the entire agreement between the parties hereto and terminates and supersedes all prior understandings or agreements on the subject matter hereof.  This License Agreement may be modified only by an instrument in writing that is duly executed by both parties.


## 12. Severability ##

If this License Agreement is held by a Court of competent jurisdiction to be invalid or unenforceable, then this License Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.


## 13. Independent Contractor Status ##

The parties acknowledge and agree that Licensor and You are independent contractors and not agents, employees or representatives of each other.  Neither party shall have the right to bind the other party to any obligations of any third parties. This License Agreement shall not be deemed to constitute a franchise relationship between the parties hereto.


## 14. No Waiver ##

No party's waiver of any breach or accommodation to the other party shall be deemed to be a waiver of any subsequent breach by a party.


## 15. Headings; Interpretations; Counterparts ##

Headings used in this License Agreement are provided for convenience only and shall not be used to construe meaning or intent.  Except as otherwise provided herein, words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other member, singular or plural, and any other gender, masculine, feminine or neuter, as the context indicates is appropriate.