Purchase ToucanCart
To purchase a copy of our Ecommerce script ToucanCart you must first agree to our license agreement set out below:
Toucan Web Design Limited. (Company ID: 6410281) EULA
END USER LICENSE AGREEMENT
GENERAL
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING
THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY TOUCAN WEB DESIGN LIMITED TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT
AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE
SOFTWARE.
USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE
TERMS.
NOTICE TO USER
This End User License Agreement (EULA) is a CONTRACT between you (either an individual
or a single entity) and Toucan Web Design Limited, which covers your use of the ToucanCart software
product that accompanies this EULA and related software components, which may include
associated media, printed materials, and "online" or electronic documentation. All such
software and materials are referred to herein as the "Software Product." A software license,
issued to a designated user only by Toucan Web Design Limited or its authorized agents, is required for
each user of the Software Product. If you do not agree to the terms of this EULA, then do
not install or use the Software Product or the Software Product License. By explicitly
accepting this EULA, however, or by installing, copying, downloading, accessing, or
otherwise using the Software Product and/or Software Product License, you are
acknowledging and agreeing to be bound by the following terms:
1. GRANT OF NON-EXCLUSIVE LICENSE.
(a) Software Product License. The Software Product License, which is issued to a designated
user, enables such designated user to use the Software Product on a single domain name. Each user on a multi-user computer system who uses the Software Product
requires an additional Software Product License. You may not create derivative copies of the
Software Product License.
(b) Grant of License. Subject to a validly issued Software Product License, Toucan Web Design Limited
grants to you the non-exclusive, non-transferable right for you to use the Software Product
on a single domain name running a validly licensed copy of the operating system for which the
Software Product was designed. You may not create derivative copies of the Software
Product. All rights not expressly granted to you are retained by Toucan Web Design Limited.
2
(c) Backup Copy: Software Product. You may make copies of Software Product as
reasonably necessary for the use authorized above, including as needed for backup and/or
archival purposes. No other copies may be made. Each copy must reproduce all copyright
and other proprietary rights notices on or in the Software Product.
(d) Backup Copy: Software Product License. You may install each Software Product License
on a single domainn name and make copies of the Software Product License as necessary
only for backup and/or archival purposes. No other copies may be made. Each copy must
reproduce all copyright and other proprietary rights notices on or in the Software Product
License.
2. INTELLECTUAL PROPERTY RIGHTS RESERVED BY Toucan Web Design Limited.
The Software Product is protected by the United Kingdom and international copyright laws
and treaties, as well as other intellectual property laws and treaties. You must not remove
or alter any copyright notices on any copies of the Software Product. This Software Product
copy is licensed, not sold. Furthermore, this EULA does not grant you any rights in
connection with any trademarks or service marks of Toucan Web Design Limited. Toucan Web Design Limited reserves all
intellectual property rights, including copyrights, and trademark rights.
3. NO RIGHT TO TRANSFER.
You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or
the Software Product to third parties without Toucan Web Design Limited's written approval and subject to
written agreement by the recipient of the terms of this EULA.
4. PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION, AND
DISASSEMBLY.
You may not reverse engineer, decompile, defeat license encryption mechanisms, remove copyright notices
or disassemble the Software Product or Software Product License except and only
to the extent that such activity is expressly permitted by applicable law not with standing
this limitation.
5. SUPPORT SERVICES.
Toucan Web Design Limited may provide you with support services related to the Software Product. Use of
any such support services is governed by the Toucan Web Design Limited polices and programs described
in "online" documentation and/or other Toucan Web Design Limited provided materials. Any supplemental
software code or related Toucan Web Design Limited products provides to you as part of the support
services is to be considered part of the Software Product and is subject to the terms and
conditions of this EULA. With respect to any technical information you provide to Toucan Web Design Limited as part of the support services, Toucan Web Design Limited may use such information for its business
purposes without restriction, including for product support and development. Toucan Web Design Limited
will not use such technical information in a form that personally identifies you.
6. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS.
Toucan Web Design Limited may terminate this EULA if you fail to comply with any term or condition of
this EULA. In such event, Licensee agrees to return to Licensor or to destroy all copies of
the Software upon termination of the License.
7. NO WARRANTIES.
YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS", AND
Toucan Web Design Limited (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY
AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, Toucan Web Design Limited (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS)
DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING
OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
8. LIMITATION OF LIABILITY.
THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW. IN NO EVENT SHALL Toucan Web Design Limited (OR ITS THIRD PARTY SUPPLIERS AND
LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS
EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO
PROVIDE SUPPORT SERVICES, EVEN IF Toucan Web Design Limited HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, Toucan Web Design Limited'S (AND ITS THIRD PARTY
SUPPLIERS AND LICENSORS) ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE
LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE
PRODUCT OR GBP. £ 1.00.
9. GOVERNING LAW; ENTIRE AGREEMENT.
This EULA is governed by the laws of England and Wales. UK excluding the application of its
conflict of law rules. The United Nations Convention for the International Sale of Goods shall
not apply. This EULA is the entire agreement between us and supersedes any other
communications or advertising with respect to the Software Product; this EULA may be
modified only by written agreement signed by authorized representatives of you and
Toucan Web Design Limited.
10. CONTACT INFORMATION
If you have any questions about this EULA, or if you want to contact Toucan Web Design Limited for any
reason, please direct all correspondence to:
Toucan Web Design Limited
65 King Street
Belper
Derbyshire
DE56 1NF
England, United Kingdom