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Paydock Magento Extension License

Dated: 19th February 2024

 

In order to obtain and use the Magento Extensions offered by Paydock (“the Paydock Magento Extensions”), you must first agree to the terms of this License. If you agree to the terms of this License, you may use the Paydock Magento Extensions. If you do not agree to the terms of this License, then you may not install or use the Paydock Magento Extensions.

 

1. General License Terms 

 

Subject to the terms and conditions of this License Agreement (the “License”), Paydock Ltd. hereby grants to you a worldwide, non-exclusive, no-charge, royalty-free copyright license to install, copy, and use (subject to restrictions below) the software contained in the Paydock Magento Extensions in connection with the Magento Commerce Platform (“Magento Platform”) and as part of the PowerBoard services provided to you under your Merchant Agreement by Commonwealth Bank of Australia, subject to your compliance with section 2 and the following terms and conditions:

 

1.1 This license grants you the non-exclusive license and right to install, use, and copy the Paydock Magento Extensions to offer your services (“your User Services” or “the User Services”) with the Magento Platform.

 

1.2 When you use the Paydock Magento Extensions in or with your User Services, you retain all rights to your User Services, and you have no obligation to share or license the User Services (including your source and object code) to Paydock or any third parties; but, Paydock retains all rights to the Paydock Magento Extensions and the headers, libraries and APIs and other tools made available by Paydock, including those that may be incorporated into your User Services.

 

1.3 You agree that as a condition of this License you will design and distribute your User Services to ensure that your User Services and any software required to use your User Services does not, and you will not, alter or interfere with the normal operation, behavior or functionality of PowerBoard.

 

1.4 You must not use the Paydock Magento Extensions for any purpose not expressly permitted by this License. You must not (except as and only to the extent any of the following restrictions is prohibited by applicable law): (a) decompile; (b) reverse engineer; (c) disassemble; or (d) attempt to derive the source code of the Paydock Magento Extensions or any part of PowerBoard, or any other software or firmware provided to you by Paydock.

 

2. Paydock Magento Extension

 
Paydock makes headers, libraries and APIs, software, and other tools to enable Paydock Magento Extensions in connection with your User Services. You must not use the Paydock Magento Extensions or API, code or other tools, instruction or service provided by Paydock to enable your User Services to violate your Merchant Agreement with Commonwealth Bank of Australia.
 

3. Additional Materials 

 
Paydock may include in the Paydock Magento Extensions additional content (e.g., samples) for demonstration, references or other specific purposes. That content will be clearly marked in the Paydock Magento Extensions and is subject to all included terms and conditions. Your use of third-party materials, including any open source software, included in the Paydock Magento Extensions may be subject to other terms typically found in separate third-party license agreements or “README” or “LICENSE” files included with those third-party materials. To the extent those other terms conflict with this License, the former will control with respect to the applicable third-party materials.
 

4. Disclaimer of Warranties and Limitation of Liability 

 

THE PAYDOCK MAGENTO EXTENSIONS AND ANY COMPONENT THEREOF, INCLUDING HEADERS, LIBRARIES AND APIS PROVIDED BY PAYDOCK ARE PROVIDED “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. IN NO EVENT WILL PAYDOCK AS THE COPYRIGHT OWNER OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE PAYDOCK MAGENTO EXTENSIONS, EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO YOU MAY HAVE ADDITIONAL RIGHTS.

 

5. Marks Usage

 

This License does not grant permission to use the trade names, trademarks, service marks, or product names of Paydock, except as required for reasonable and customary use in describing the origin of the Paydock Magento Connections. Paydock reserves all rights not expressly granted to you under this License. You must not use the name of Paydock, any Paydock group company, or that of any Paydock contributor, licensor, employee or contractor to endorse or promote products developed using the services without Paydock’s specific prior written permission.

 

6. Compliance with Applicable Laws

 
You will ensure that your use of the Paydock Magento Extensions and your User Services complies with all applicable laws (including privacy laws) wherever your User Services are made available. You will not collect users’ content or information, or otherwise access any Paydock site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without Paydock’s prior written permission.
 

7. Updates 

 
As this License is updated for future releases of the Paydock Magento Extensions, you agree to abide by and meet all requirements of future updates of this License for those future Paydock Magento Extensions.
 

8. Termination

 
Paydock may terminate this License and all your rights under this License immediately in the event you breach this License. Furthermore, Paydock may terminate this License if (a) User Services created by you infringes any intellectual property rights of Paydock or any third party; or (b) providing User Services that violate applicable law.
 

9. Enforceability and Severability

 
In the event any provision of this License is determined to be invalid, prohibited or unenforceable by a court or other body of competent jurisdiction, this License will be construed as if such invalid, prohibited or unenforceable provision has been more narrowly drawn so as not to be invalid, prohibited or unenforceable.
 

10. Assignment 

 

You may not assign any rights or obligations under this License without the advance written consent of Paydock, which may be withheld in its sole discretion. Paydock may assign its rights or obligations under this License in its sole discretion.
 

11. Waiver

 
Failure of either party at any time to enforce any of the provisions of this License will not be construed as a waiver of such provisions or in any way affect the validity of this License or parts thereof.

 

12. Remedies

 

Your remedies under this License are limited to the right to collect money damages, if any, and you hereby waive your right to injunctive or other equitable relief.

 

13. Choice of Law/Jurisdiction

 

This License is governed by and construed in accordance with the internal laws of the State of New South Wales.

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Paydock Holdings Pty Limited
L40,
2 Park Street,
Sydney,
NSW 2000,
Australia

 

 

Paydock Ltd
Arquen House,
4-6 Spicer Street,
St. Albans,
Hertfordshire,
England,
AL3 4PQ

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