This Private Add-on Access Agreement (the "Agreement") is entered into by and between 021 (the "Developer") and the individual or entity accessing the private add-on (the "Donor").
1. Purpose of the Agreement
The Developer has created a private add-on known as "[021] XenForo Messenger" (the "Private Add-on") and wishes to provide the Donor with access to use the Private Add-on as a gesture of gratitude for their support and contribution through the donation.
2. Private Add-on Access
Subject to the terms and conditions of this Agreement, the Developer hereby grants the Donor a non-exclusive, non-transferable license to use the Private Add-on on the domain specified during the donation process (the "Authorized Domain") for the purpose of installing the add-on, changing built-in settings, and utilizing the built-in functionality.
3. License Restrictions
The Donor acknowledges that the access to the Private Add-on is limited solely to the Authorized Domain for the purposes specified in this Agreement. The Donor shall not:
a. Modification: The Donor shall not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Private Add-on.
b. Distribution: The Donor shall not distribute, sublicense, lease, rent, sell, or otherwise transfer any part of the Private Add-on to any third parties.
c. Unauthorized Use: The Donor shall not use the Private Add-on for any commercial purposes, including but not limited to reselling, offering services, or creating competing products.
4. External Calls to cdn.devsell.io
The Private Add-on requires certain JavaScript (JS) files to work, which are downloaded from cdn.devsell.io. During these requests, the following data is transmitted: a license key, the domain on which the file is loaded, and a timestamp. The Developer affirms that on the server side, no data is saved or stored from these requests. The Donor expressly acknowledges and agrees that:
a. Prohibited Claims: The Donor shall not make any claims, demands, or legal actions against the Developer in case of problems with access to cdn.devsell.io, which may result in difficulties loading the necessary JS files required to work with the add-on.
b. Prohibited Investigation: The Donor is forbidden from investigating the loading method, attempting to reverse-engineer, decode, or otherwise extract the source code of these JS files.
c. Data Protection: The Donor shall not attempt to intercept or manipulate the transmitted data, including but not limited to the license key, domain, or timestamp.
5. External Calls to devsell.io
The Private Add-on has external calls to the devsell.io domain to check the validity of the license key and enable its functionality. During these external calls, the following data is saved:
a. IP Address: The IP address from which the request to devsell.io is made.
b. Domain: The domain from which the Private Add-on is accessed.
c. User-Agent: Information about the user agent of the application making the request.
The Developer assures that the saved data is solely used for license verification and authentication purposes and will not be used for any other commercial or unauthorized purposes.
The Donor acknowledges and agrees to the following terms related to the external calls to devsell.io:
a. Data Usage: The saved data, including IP address, domain, and user-agent, will only be used for license verification and will not be shared with any third parties.
b. Data Retention: The saved data will be retained securely and will be subject to the Developer's privacy policy.
c. Security Measures: The Developer will take reasonable security measures to protect the saved data from unauthorized access, loss, or disclosure.
d. Consent to Data Collection: By using the Private Add-on on the Authorized Domain, the Donor explicitly consents to the collection and processing of the above-mentioned data for license verification purposes.
e. Anonymous Usage Data: The Developer may collect and use anonymous usage data to improve the Private Add-on's performance and functionality, but such data will not be linked to any personally identifiable information.
6. Non-Refundable Product and Donation
The Donor acknowledges and agrees that the Private Add-on provided by the Developer is a non-refundable product. Furthermore, any donation made by the Donor as part of this agreement is voluntary and non-refundable.
Once the Donor has accessed the Private Add-on by downloading no refunds or reimbursements will be provided by the Developer for any reason, including but not limited to dissatisfaction with the add-on's performance, compatibility issues, or any other factors.
The Developer appreciates and acknowledges any donation made by the Donor, but the donation is considered a voluntary contribution in support of the Developer's efforts and does not entitle the Donor to any additional rights or benefits beyond what is expressly stated in this Agreement.
7. Intellectual Property
The Developer retains all rights, title, and interest in the Private Add-on, including but not limited to all intellectual property rights, copyrights, and trademarks. The Donor acknowledges and agrees that this Agreement does not grant them any ownership or intellectual property rights in the Private Add-on.
8. Changes to the Agreement
The Developer reserves the right to modify or amend this Agreement at any time without prior notice. The Donator's continued use of the any add-ons from the Add-On Pack after any such changes shall constitute their acceptance of the modified Agreement.
9. Term and Termination
This Agreement shall remain in effect unless terminated by the Developer. The Developer may, at their sole discretion, terminate the Donor's access to the Private Add-on at any time without notice.
10. No Warranty
The Private Add-on is provided "as is" without any warranty of any kind, whether express or implied. The Developer makes no representations or warranties regarding the functionality, quality, or fitness for any particular purpose of the Private Add-on.
11. Limitation of Liability
The Developer shall not be liable to the Donor or any third party for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Private Add-on.
12. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Ukraine. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Ukraine.
13. Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, whether oral or written.
By using the Private Add-on on the Authorized Domain, the Donor acknowledges that they have read, understood, and agreed to be bound by the terms and conditions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Private Add-on Access Agreement as of the date of granting access to the Private Add-on.