LICENSE AGREEMENT

This License Agreement governs the use of software products provided through Nevigen.com.

By downloading, installing, activating, or using a Nevigen.com software product, the user confirms that they have read and accepted this Agreement.

If specific license terms are stated on the page of a particular software product, those terms take precedence with respect to that product.

1. Definitions

The following definitions apply to this Agreement:

Software Product means a component, module, plugin, package, library, template, software extension, or other software provided through Nevigen.com.
User means an individual or legal entity that has obtained the right to use a Software Product.
License means the right granted to the User to use a Software Product subject to this Agreement.
Licensed Domain means the specific full domain name entered by the User when placing the order and assigned to the relevant License.
License Key means a unique code or other technical identifier used to verify a License, obtain updates, activate a product, or provide other functionality associated with the Software Product.

2. Grant of License

Unless otherwise expressly stated for a particular product, Nevigen.com grants the User a limited, non-exclusive, and non-transferable right to use the purchased Software Product in accordance with this Agreement.

Purchasing a Software Product grants a right to use it under the applicable License terms and does not transfer exclusive intellectual property rights, copyright, or ownership of the Software Product source code.

The License is granted solely for use of the Software Product by the User and only within the number of domains or other licensing objects specified when the product was purchased.

3. License for a Specific Domain Name

Where a Software Product is licensed by domain name, one License is granted exclusively for one specific full domain name entered by the User when placing the order.

A License does not automatically extend to subdomains of the specified domain name.

For example, a License issued for:

example.com

permits use of the Software Product only on example.com and does not permit use on:

shop.example.com;
dev.example.com;
test.example.com;
any other subdomain of example.com.

Likewise, a License issued for shop.example.com does not extend to example.com, dev.example.com, or any other domain name or subdomain.

Use of the Software Product on another domain name or subdomain requires a separate License unless otherwise expressly stated in the terms applicable to the relevant product.

4. Domain Name Information

The User is responsible for the accuracy of the domain name entered when placing the order.

The domain name may be used to generate a License Key, verify License validity, provide updates, and perform other licensing functions.

An error made by the User when entering a domain name does not automatically create a right to replace the License or receive a refund.

The possibility of correcting an incorrectly entered domain is considered by Nevigen.com based on the circumstances of the particular request and the technical possibility of making such a change.

5. Transfer of a License to Another Domain

A License purchased for one domain name may not independently be used on another domain name by changing the License Key, source code, or other License verification mechanisms.

Whether a License may be transferred to another domain, the terms of such transfer, and whether a new License must be purchased are determined by the terms of the particular product and the Nevigen.com rules applicable at the time of the request.

A change of the website owner's domain name does not by itself constitute grounds for a refund for a Software Product that has already been purchased and provided.

6. Copies of the Software Product

The User may create backup copies of a purchased Software Product for storage, recovery, and maintenance of the licensed installation.

Creating a backup copy does not grant the right to use the Software Product simultaneously on another domain or to provide that copy to third parties.

Restoring a website backup on the Licensed Domain is not considered separate use of the Software Product.

7. Test, Local, and Technical Installations

If use of the Software Product on a local, test, or other technical installation is supported by the product itself or expressly stated on its product page, such use is permitted subject to the conditions specified for that product.

A License for the main domain does not by itself grant an automatic right to use the Software Product on a separate subdomain, test domain, temporary domain, or other publicly accessible address.

If a test or technical installation requires a separate domain name, a separate License may be required.

8. License Term

The License term is stated on the relevant Software Product page, during order placement, or in the License information available in the User's account.

During the License term, the User receives the rights provided for the relevant product, including access to released updates and technical support where included in the product terms.

Unless otherwise expressly stated for a particular Software Product, expiration of the updates and technical support period does not by itself require removal of the version already installed on the previously Licensed Domain.

After the relevant period expires, the User may continue to use the latest version of the Software Product lawfully obtained during the License term on the same Licensed Domain, unless the terms of the specific product provide otherwise.

However, access to new versions, updates, and technical support may be suspended until the License is renewed.

9. Updates

During the License term, the User receives access to released updates of the purchased Software Product without additional charge unless otherwise expressly stated in the terms applicable to the particular product.

Updates may include:

corrections of identified errors;
security vulnerability fixes;
stability improvements;
compatibility improvements;
adaptation to current versions of Joomla, JoomShopping, PHP, or other software environments;
improvements to existing functionality;
new functionality added by the developer.

Provision of updates does not create an obligation to implement individual User requests or add any functionality requested by a particular User.

10. Technical Support

Where technical support is included in the terms of a Software Product, it is provided for the relevant period and applies to the stated functionality of the product.

Technical support may include issue diagnosis, installation and configuration guidance, explanation of the product's intended functionality, and correction of confirmed product errors.

Unless separately agreed, technical support does not include:

custom development;
addition of new functionality;
modification of the intended product logic;
adaptation of the product to third-party software for which compatibility was not stated;
correction of third-party software;
configuration of servers, websites, or other components that are not directly part of the Software Product.

Where technically possible, such work may be provided as a separate paid service.

11. Stated Functionality

The functionality of a Software Product is determined by its description, documentation, demonstration version, and other information published by Nevigen.com for the relevant product.

A License does not give the User the right to require functionality that was not stated for the purchased product.

The User's subjective expectations, assumed operating behavior, requests to change the interface or logic, and requests for additional functionality do not by themselves indicate a defect in the Software Product.

12. Compatibility

Supported versions of Joomla, JoomShopping, PHP, browsers, third-party services, and other software environments are determined by the information stated for the relevant product.

Purchase of a License does not create an obligation for Nevigen.com to ensure compatibility with every existing or future version of third-party software.

Nevigen.com may release compatibility updates as part of product development, but the technical feasibility of such adaptation depends on changes made to third-party software products and services.

13. Modification of the Software Product

Unless prohibited by the terms of a particular product or by an applicable third-party license, the User may modify source code made available to them solely for their own needs and within the scope of permitted use.

Modifications made by the User or third parties do not grant them copyright or other exclusive rights in the original Software Product.

Nevigen.com is not required to diagnose or correct, free of charge, errors caused directly by modifications made by the User or third parties.

When contacting support, the User should disclose modifications where they may be relevant to the reported issue.

Nevigen.com may request that the original version of the product be restored in order to verify the issue and confirm whether it can be reproduced.

Permitted modification of the Software Product does not terminate the License, but support for portions of code modified by the User is not included in standard technical support.

14. Restrictions on Transfer and Distribution

Except where expressly permitted by the applicable license of the relevant Software Product, the User may not:

sell or resell the Software Product;
transfer the License to third parties;
rent or lease the Software Product;
provide it for temporary use by third parties;
publish the purchased distribution package publicly;
distribute copies of the Software Product;
provide License Keys or other License data to third parties for use outside the relevant License;
use one License to operate the Software Product on multiple domain names.

The User must take reasonable measures to prevent unauthorized distribution of the Software Product and License data received by them.

15. Website Development for a Client

Purchase of a Software Product by a developer, web studio, integrator, or other contractor for use on a client's website does not permit the same License to be used on other projects or websites of other clients.

A separate License must be purchased for each separate domain name unless otherwise expressly stated in the terms applicable to the relevant Software Product.

Transfer of a website containing a lawfully installed Software Product to a client does not automatically grant the client the right to distribute, resell, or use the Software Product on other domains.

16. Copyright and Intellectual Property

Exclusive proprietary rights and copyright in original Nevigen.com Software Products, their source code, structure, documentation, design, and other protected elements belong to the respective rights holders.

The User is granted only the right to use the Software Product within the scope of the applicable License.

Nothing in this Agreement transfers exclusive proprietary rights to the User.

17. Third-Party Code and Open Source

Certain Nevigen.com Software Products or parts of them may include software, libraries, or other materials distributed under third-party licenses, including free and open-source software licenses.

Such components are governed by the terms of their respective third-party licenses.

This Agreement does not restrict rights expressly granted to the User under an applicable third-party or open-source license.

If a particular Nevigen.com Software Product is distributed entirely under a separate license, including GNU GPL or another Open Source license, the User's rights to copy, modify, and distribute that product are governed by the applicable license.

Separate Nevigen.com services, including updates, technical support, License Keys, access to restricted website areas, and other services, may be provided under separate terms where this does not conflict with the applicable license.

18. Free Software Products

Certain Nevigen.com Software Products may be provided free of charge.

Free products are provided on an “as is” basis within the scope of their stated functionality, unless otherwise expressly provided in the terms of the specific product.

Provision of a free product does not by itself create an obligation for Nevigen.com to provide ongoing technical support, issue updates, adapt the product to future versions of third-party software, or continue development of that product.

Separate license terms may apply to a free product and will take precedence over this section.

19. Software Product Security

Nevigen.com takes reasonable measures to maintain the security of its Software Products and address confirmed vulnerabilities.

However, no Software Product can guarantee absolute protection of a website against unauthorized access, malicious actions, or other information security incidents.

Nevigen.com is not liable for website compromise, unauthorized access, loss or corruption of data, or other consequences of a security incident where Nevigen.com was not aware and, exercising reasonable care, should not have been aware of a vulnerability in the relevant Software Product that directly caused the incident.

The existence of a vulnerability in a Software Product does not by itself establish that a particular security incident was caused by that vulnerability. Causation must be determined with regard to the technical circumstances of the specific incident.

After a vulnerability is confirmed, Nevigen.com will take reasonable steps to address it and, where appropriate, release a fix or update for the Software Product.

20. User Security Responsibilities

The User is responsible for the general security of their website and server environment.

In particular, Users are encouraged to:

use supported versions of software;
install security updates in a timely manner;
use current versions of Nevigen.com Software Products;
secure administrative accounts;
use strong passwords and other available security measures;
restrict third-party access to website administration;
regularly create backups of the website and its data.

Nevigen.com is not responsible for incidents caused by compromised credentials, third-party software, outdated software environments, incorrect server or website configuration, code changes made by third parties, or other circumstances not directly related to a Nevigen.com Software Product.

Where Nevigen.com has provided an update necessary to address a known security issue, the User should install that update within a reasonable period.

21. Backups

Before installing, updating, configuring, or modifying a Software Product, the User should ensure that an up-to-date backup of the website and its data is available where the nature of the operation could result in changes to such data.

Nevigen.com is not a backup storage service and is not responsible for the User's failure to maintain a backup.

22. Limitation of Liability

Nevigen.com is responsible for the Software Product within its stated functionality and the obligations provided by this Agreement, the terms applicable to the relevant product, and applicable law.

Nevigen.com is not responsible for problems caused by:

incorrect installation or configuration;
source code modifications made by the User or third parties;
third-party extensions or software;
unsupported versions of the software environment;
incorrect server configuration;
actions or failures of third-party services or APIs;
compromise of the User's credentials;
failure to install a provided fix or update required to address the relevant issue;
use of the Software Product in a manner inconsistent with its intended purpose or documentation.

To the maximum extent permitted by applicable law, Nevigen.com is not liable for indirect damages, loss of profits, loss of data, website or business downtime, or other indirect consequences arising from use of the Software Product.

Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

23. Violation of License Terms

A violation of this Agreement includes, in particular:

use of the Software Product on a domain for which no corresponding License exists;
unauthorized distribution of the Software Product;
transfer of a License Key to third parties;
bypassing, disabling, or interfering with License mechanisms provided by the Software Product;
resale of a License without authorization;
other material use of the Software Product in violation of this Agreement.

In the event of a material violation of the License terms, Nevigen.com may restrict or terminate the User's access to updates, technical support, downloads of purchased products, and other services associated with the violated License, to the extent permitted by applicable law.

The User may be notified of an identified violation and requested to correct it where the nature of the violation allows correction.

24. License Key and Licensing Mechanisms

The User may not take actions whose primary purpose is to bypass or disable technical License verification mechanisms where such restriction is not contrary to applicable law or an applicable Open Source license.

A License Key is intended for use only within the License for which it was issued.

The User must not publish the License Key or provide it to third parties, except persons lawfully granted technical access by the User for maintenance of the Licensed Domain.

25. Changes to the Software Product

Nevigen.com may develop Software Products and change their internal architecture, interface, technical implementation, and set of features in future versions.

Such changes do not create an obligation to preserve unchanged every interface element, internal code structure, or implementation method across different versions.

Material functionality of a particular purchased version is determined by its stated description and applicable terms of use.

26. Discontinuation of Product Development

Nevigen.com may discontinue further development or release of new versions of a particular Software Product.

Such a decision does not by itself terminate the User's right to use a previously lawfully obtained version on the Licensed Domain unless otherwise expressly provided by the terms of the specific product or an applicable license.

Where discontinuation affects existing obligations under a paid License, those obligations will be handled in accordance with the applicable product terms and applicable law.

27. Individual Terms

Additional or different license terms may apply to certain Software Products, corporate licenses, custom development, or special projects.

Such terms must be stated on the product page, in the order, technical specification, agreement, or otherwise agreed with the User in a manner that allows their content to be confirmed.

Where specific terms differ from this Agreement, the specific terms will apply.

28. Refunds

Order cancellation, refunds, handling of non-conformity claims, and related requests are governed by the Refund Policy.

A violation of this License Agreement by the User does not by itself create a right to a refund for the Software Product.

29. Terms of Service

Use of the Nevigen.com website, User account, and related services is also governed by the Terms of Service.

30. Changes to this Agreement

Nevigen.com may amend this Agreement in connection with development of Software Products, changes to licensing methods, services provided, or legal requirements.

A new version applies to the relationship only to the extent permitted by applicable law.

Terms of a specific purchased License that were expressly agreed at the time of purchase may not be arbitrarily changed retroactively to the detriment of rights already acquired by the User, unless otherwise permitted by applicable law.

31. Applicable Law

This Agreement applies subject to the laws of Ukraine.

Nothing in this Agreement limits any User or consumer rights that cannot be restricted by contract under applicable law.

32. Acceptance of the Agreement

By downloading, installing, activating, or using a Nevigen.com Software Product, the User confirms acceptance of this License Agreement.

If the User does not agree to these terms, they must not install or use the Software Product.