Licensing Conditions

§ 1 Contractual Object

ENYtheme distributes software under a commercial license compatible with Joomla. The software may contain open source features that are freely accessible under a non-commercial license. However, this does not imply that the licensing conditions of the non-commercial software also apply to the licensing conditions of our software. Consequently, only the following provisions and restrictions apply to software supplied by ENYtheme.

§ 2 Rights Of Use

2.1 ENYtheme entitles the buyer to a simple usage right for the respective software not restricted in time for usage under a single domain per license purchased.

2.2 The buyer may use the software only for one single top level domain and an additional domain that is exclusively used for testing purposes per license purchased. If the buyer wishes to use the product under more than one top level domain, he must purchase the necessary number of licenses.

2.3 Within the scope of use, the purchaser must not:

- sell the software or any of its components or offer the software or any of its components for sale on his web site without the permission of ENYtheme.

- change or modify the software or develop a new software on the basis of this software or its components and distribute it or make it freely accessible. Modification or adaptation of the software for his own purposes is permissible.

- use the software for or make it accessible to any third parties. If, for example, the buyer as a developer wants to use the products for his clients as well, the seller offers a specific developer license for this. This license entitles the buyer to use the software within the framework of use for as many clients as he wants and an unlimited number of top level domains, including his own sites.

- transfer the licensed rights to third parties.

- change the copyright notices inherent to the code or delete them from the product without the permission of ENYtheme. Depending on the case at hand, ENYtheme may grant the buyer permission to remove the copyright notices in the software for an appropriate fee as determined by ENYtheme at ENYtheme's sole discretion on his request.

§ 3 Buyer's Obligations of Cooperation and Information
3.1 The buyer has informed himself about the material functional features of the software and accepts the risk for its suitability for his desires and requirements. If in any doubt, the buyer shall seek the advice of the sellers' associates or competent third parties.
3.2 The installation of a fully functional hardware and software environment (that is also sufficiently equipped when taking into account the additional load due to the objects of the agreement) shall be the exclusive responsibility of the buyer.
3.3 The buyer shall thoroughly test whether the software is free of errors and usable under the existing hardware and software configuration before its implementation by installing it on a test page and checking it there. This shall also apply to software supplied in the scope of the warranty and support.
3.4 The buyer shall observe the instructions for the installation and implementation of the software supplied by the seller.
3.5. The buyer shall take the necessary precautions for the case of the software not working properly, partially or in whole (e.g. by daily data backups, error diagnosis, routinely checking the results from data processing).
3.6 If the buyer is a businessman in the terms of the German Commercial Code (HGB, Handelsgesetzbuch), he shall accept the obligation to inspect and notify of defects pursuant to § 377 German commercial code (HGB) in regard of all deliveries and other services rendered by the seller in the execution of this contract.
3.7 The buyer shall accept any prejudice and additional costs arising from any breach of this duties.

§ 4 Liability
4.1 For all cases of contractual or extra-contractual liability, ENYtheme shall only pay compensation for damages within the following limits:
in full in case of willful intent
only to the extent of the predictable damage that was to be prevented by the duty breached in case of gross negligence;
in other cases: only as a result of any material breach of contract if this jeopardizes the purpose of the contract, but never in excess of the predictable damage.
The limitations of liability according to 4.1 shall not apply in cases of liability for personal injury and any liability under the product liability law.
4.3 ENYtheme shall have the right to contest the charge of contributory negligence.


§ 5 Limitations of Services

5.1 ENYtheme does not generally guarantee for the compatibility of the software with the buyer's system. In addition, no guarantee is given as to the compatibility of the products with products of any third party suppliers. In this context, it is the buyer's duty to regard the system requirements in the product description before buying the product and to have a look at the product on the demo page.

5.2 If the buyer imports the software into his live system without a prior test (see issue 3.3), ENYtheme shall not accept any responsibility for arising damages.

5.3 ENYtheme does not warrant the full functionality of the software in combination with all previous and future Joomla versions. The product description states which versions of Joomla the respective software is compatible with.
ENYtheme always strives to ensure compatibility with all future Joomla versions. However, the buyer does not have any entitlement to this.


§ 6 Support and Updates

6.1 ENYtheme provides a free-of charge technical support for purchased software by the use of a ticketing system. In general, this support is not available for products that are free of charge.

6.2 For the installation of the software, ENYtheme asks buyers to refer to the installation instructions given in the software documentation. In particular, refer to the hardware and software environment that is required at the buyer's end.

6.3 In the case of software defects that do not result from any fault of the buyer's and which have not been reasonably apparent during checking of the system requirements and testing before the purchase even under compliance with the required diligence, support will be free of charge.

6.4 The purchase of the license vests the buyer with a free-of-charge access to all updates of the purchased software for a 12 month period. After the period expires, the buyer shall have to buy a new license to access updates.
The unlimited right of use shall not be affected by this.


§ 7 Final Provisions
7.1 To the extent that the buyer is not a consumer, the exclusive place of jurisdiction for all issues arising from and in the context of this contract shall be Zweibrücken. If the seller acts as the claimant, he shall also be entitled to choose the place of jurisdiction at the buyer's registered office or place of residence.
7.2 German law shall apply exclusively under exclusion of the UN Sales Convention (CISG).
7.3 The conclusion of the contract as well as any subsequent changes and amendments to the contract shall require written form. This shall also apply to any changes to this clause. No oral side agreements have been made.
7.4 Where any provision of this contract is or becomes invalid or contains any inadmissible deadline or a legal loophole, the legal validity of the other provisions shall not be affected. With the exemption that the invalidity is a result of a breach against §§ 305 ff. of the German Civil Code, section Scope of General Terms of Business (BGB, Bürgerliches Gesetzbuch, Geltung Allgemeiner Geschäftsbedingungen), a valid provision economically as close as possible to the original intent of the parties involved shall be deemed as agreed upon in the place of that invalid provision. The same shall apply in the case of a loophole. In the case of any inadmissible deadline, the statutory provisions shall apply.