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LICENSE
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SPRYKER SYSTEMS GMBH - SPRYKER B2C DEMO MARKETPLACE LICENSE AGREEMENT
SPRYKER SYSTEMS GMBH, REGISTERED WITH THE COMMERCIAL REGISTER OF THE LOWER COURT OF HAMBURG UNDER HRB 134310 (“WE” OR ”SPRYKER”) GRANTS YOU (THE “LICENSEE”) THE RIGHT TO USE THE SPRYKER B2C DEMO MARKETPLACE (AS DEFINED BELOW) UNDER THE PROVISIONS OF THIS SPRYKER B2C DEMO MARKETPLACE LICENSE AGREEMENT (THE “AGREEMENT”).
The “SPRYKER B2C DEMO MARKETPLACE” includes any software owned and distributed by Spryker under this Agreement. The SPRYKER B2C DEMO MARKETPLACE contains elements of open source components, to which different license terms apply respectively. These open source components are needed to be installed separately. Spryker will grant to Licensee a license based on the general Software License Agreement of the Spryker Commerce OS, which is mandatory to be signed between Spryker and Licensee prior to Licensee’s use of the SPRYKER B2C DEMO MARKETPLACE. For reference to the terms and conditions of Spryker’s general Software License Agreement, please get in contact with info@spryker.com or legal@spryker.com.
Spryker grants to Licensee, during the 30-calendar-day period (the “Evaluation Period”) following the download of the SPRYKER B2C DEMO MARKETPLACE, the non-transferable, non-exclusive limited, free of charge license to permit Licensee’s employees to internally use the SPRYKER B2C DEMO MARKETPLACE to test and evaluate the SPRYKER B2C DEMO MARKETPLACE in connection with potentially purchasing non-evaluation licenses to the SPRYKER COMMERCE OS.
Licensee shall not (i) use the SPRYKER B2C DEMO MARKETPLACE to set up a productive live system, for development purposes or any other purposes; (ii) copy any part of the SPRYKER B2C DEMO MARKETPLACE (iii) distribute, disclose, market, rent, lease, or transfer the SPRYKER B2C DEMO MARKETPLACE or act as a service bureau with respect to the SPRYKER B2C DEMO MARKETPLACE; (iv) export the SPRYKER B2C DEMO MARKETPLACE or install it in multiple locations; (v) disclose any confidential information provided by Spryker; (vi) modify or make derivative works of the SPRYKER B2C DEMO MARKETPLACE; or (vii) allow others to make or obtain copies of the SPRYKER B2C DEMO MARKETPLACE, unless it is permitted in the general Software License Agreement, which has been concluded between Spryker and the Licensee.
Excluded from this SPRYKER B2C DEMO MARKETPLACE license are all “product images, product data, other images, and fonts”. These are for display purposes only and are subject to their own rights of use, which must be purchased independently.
THE SPRYKER B2C DEMO MARKETPLACE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND. SPRYKER DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, TITLE, NON INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SPRYKER WILL NOT BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH THE SPRYKER B2C DEMO MARKETPLACE, INCLUDING WITHOUT LIMITATION ORDINARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO LOST DATA OR LOST PROFITS, EVEN IF SPRYKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.