This License Agreement (the "Agreement") is entered into by and between Create Nicely LLC, operating under the trade name (DBA) NOVL ("Licensor"), and the purchaser ("Buyer"). By purchasing any “Product” from our website or marketplace, the Buyer acknowledges that it has read, understood, and agreed to be bound by the terms and conditions set forth in this Agreement.
1. Scope of License: Buyer is granted a non-exclusive, non-transferable license to use the Product on a single Shopify store for personal or business purposes.
2. Restrictions:
- Buyer may not sublicense, sell, lease, or otherwise distribute the Product to any third party
- Buyer may not modify, adapt, or create derivative works based on the Product to be used to sub-lease, sell, or lease.
- Buyer may not remove or alter any copyright notices or other proprietary legends contained within the Product.
3. Intellectual Property: Licensor retains all rights, title, and interest in and to the Product including all intellectual property rights. No ownership rights are transferred to Buyer under this license.
4. Support and Updates:
- Licensor may provide support services and updates for the Product at its discretion.
- Support services may include assistance with installation, configuration, and troubleshooting of the Product.
- Updates may include bug fixes, feature enhancements, and compatibility improvements.
- Buyer acknowledges that if the Product has been modified in any way, support services and updates provided by the Licensor may not be applicable or compatible with the modified version, and Licensor shall not be liable for any issues arising from such modifications.
5. Disclaimer of Warranty: The Product is provided 'as is' without warranty of any kind, express or implied. Licensor disclaims all warranties, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Additionally, Buyer acknowledges that if the Product has been modified in any way, updates provided by the Licensor may not be compatible with the modified version.
6. Limitation of Liability: Licensor's liability for all claims arising from or related to the Product, including but not limited to claims based on negligence, breach of warranty or condition, breach of contract, or tort, shall not exceed the amount paid by Buyer for the Product. In no event shall Licensor be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages.
7. Termination: Licensor may terminate this license upon breach of any provision by Buyer. Upon termination, Buyer shall cease all use of the Product and destroy all copies of the Product in its possession or control.
8. Governing Law: These Terms shall be governed by and construed in accordance with the laws of Texas. Any disputes arising under or related to these Terms shall be subject to the exclusive jurisdiction of the courts in Texas.
9. Dispute Resolution:
- Waiver of Jury Trial: You hereby expressly waive your right to have any dispute arising out of or related to the Products and/or these Terms decided by a trial by jury.
- Waiver of Class Action Participation: You hereby expressly waive your right to participate as a member of a class of claimants in any lawsuit, including but not limited to class action lawsuits, involving any dispute arising out of or related to the Products and/or these Terms.
10. Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be severed from this Agreement, and the remaining provisions of this Agreement shall continue in full force and effect.
11. Survival: Upon termination or expiration of this Agreement, any provisions that by their nature should survive termination or expiration shall survive and remain in full force and effect, including but not limited to sections related to intellectual property, limitation of liability, and dispute resolution.