IMPORTANT: THIS END USER LICENSE AGREEMENT ("EULA") IS AN AGREEMENT BETWEEN WHORL LTD. AND YOU. PLEASE READ IT CAREFULLY BEFORE INSTALLING OUR SOFTWARE. INSTALLING JSHOP SERVER WILL CONFIRM YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT AND YOU WILL BECOME BOUND BY ITS TERMS. THIS AGREEMENT CONTAINS LICENSE DETAILS FOR THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS THEN YOU SHOULD NOT INSTALL THE SOFTWARE. WE RESERVE THE RIGHT TO CHANGE THIS LICENSE AGREEMENT WITH THE INTRODUCTION OF NEW VERSIONS OF OUR SOFTWARE AND USE OF THOSE NEW VERSIONS MAY REQUIRE THE ACCEPTANCE OF ANY UPDATED LICENSE AGREEMENT.
 
1. DEFINITIONS
i. "Whorl" means Whorl Ltd., a UK-based company whose address is PO Box 6, High Peak, SK22 2WZ, United Kingdom
ii. "Software" means the JShop Server 2.0 (and above) software program supplied by Whorl Ltd.
iii. "Single use license" means a license purchased for a single installation on a single web site.
iv. "Developer license" means a license purchased for installation on any number of web sites controlled by the developer.
 
2. LICENSE TERMS
i. This license is applicable to version 2.0 and above of the Software, unless superceeded by an updated license agreement provided as part of a version update to the software. It superceeds any existing license for older versions of the Software. You may, however, continue to use an older version of the Software and still be bound by its license terms should you not wish to accept this license. However, we reserve the right to revoke support for older software 18 months after the introduction of newer versions.
ii. Single user licenses permit the installation of the Software on a single web site. Developer user licenses permit the installation of the Software on any number of web sites that are controlled by the Developer, as long as it is provided in conjunction with other services directly related to JShop Server.
iii. You may make one copy of the Software in machine readable form for backup purposes.
iv. The license to use the software does not expire and requires no yearly fees to use. The license does not qualify you for unlimited support. Support terms, availability and pricing are available on our web site and are subject to change.
v. Software updates produced as part of the core package are available free of charge for all users. We reserve the right to produce optional additional components in the future that do not fall within the core package that may require an additional purchase, and license, for use.
vi. License owners are required to keep updated the URL (for a Single License) or a list of URLs (for a Developer license) where the software is used in our registered users area. We reserve the right to refuse support to any site that we do not have on record.
vii. License are transferable at the sole discretion of Whorl. Under no circumstances will a license under 6 months old be eligible for transfer. We reserve the right to charge a processing fee for the transfer of licenses.
 
3. LICENSE RESTRICTIONS (SINGLE USE LICENSE)
i. You may not sell, rent, lease, transfer or sub-license the Software.
ii. You may alter the software and changes can be distributed. However, any changes must include no core Software code. No core code within the Software can be used to create derivative products without the prior written consent of Whorl. Any changes made to the core software (excluding template changes) will not be covered by support and are made at your own risk.
iii. You undertake not make the installation or compressed distribution of the software available outside of your company.
iv. You may make one addition installation for testing and development purposes but this must be secured by password protection on your web server.
 
4. LICENSE RESTRICTIONS (DEVELOPER LICENSE)
i. You may install and run a copy of JShop Server on any web site you have also provided other services for directly connected to the Software. This may include design work for the store but excludes only web space provision and installation. You may not sell an installation of JShop Server on its own. If a site ceases to be under your control it will no longer be covered by your Developer license and a new license will need to be purchased from Whorl Ltd. for the continued running of the store. It remains the responsibility of the Developer license owner to inform their clients of this situation and ensure that they do not breach these license terms.
ii. You may alter the software and changes can be distributed. However, any changes must include no core Software code. No core code within the Software can be used to create derivative products without the prior written consent of Whorl. Any changes made to the core software (excluding template changes) will not be covered by support and are made at your own risk.
iii. You undertake not make the installation or compressed distribution of the software available outside of your company.
iv. Any client you use the Software for is also bound by the terms of this agreement including items 3, 5, 6, 7 and 8.
v. All software updates will be sent to the holder of the developer license only.
vi. No support will be provided to any clients you have used the Software for. It will only be provided to the holder of the developer license.
vii. You may not sell, rent, lease, transfer or sub-license the Software outside the terms explicitly covered by your developer license.
 
5. OWNERSHIP
i. This license gives you limited rights to use the Software. Whorl retain all right, title and interest, including copyrights, to the Software and all copies of the Software. All rights not explicitly granted by this License are reserved by Whorl and its suppliers.
 
6. PROPRIETARY NOTICES
i. This license, as standard, does not permit the removal, modification, disabling, altering or tampering with any copyright, trademark, logo or wording. This includes the branding of the administration system.
ii. The removal, modification, disabling, altering or tampering of the Software logo and "JShop Server" wording in the administration system is only permitted with the purchase of an additional "Rebranding License" available from Whorl. Any such rebranding must not imply that the Software is a differently named package but can be used to tailor the wording and logo to the company the Software is being used for. A valid purchase for the Rebranding License against a current license will indicate the activation of this clause and no new license file will be issued.
 
7. CONFIDENTIALITY
i. This Software, including all code and HTML files, contain proprietary information that belongs to Whorl. You must, at all times, keep all code confidential and protected from unauthorised disclosure to anybody outside the owner of the user license. You may not distribute or otherwise use any of the code from the Software.
 
8. LIMITED WARRANTY, DISCLAIMER AND LIABILITY
i. Whorl will endeavour to rectify any errors in the Software, in contradiction to the functionality stated within the documentation, as soon as possible. These corrections will be issued free of charge.
ii. Refunds should be requested within 30 days of purchase of the software. Under no circumstances will a refund exceed the purchase price of the product. Refund requests need to be accompanied by a statement that all copies of the software have been removed from your systems. Refund requests can be made by email to support@jshop.co.uk.
iii. This Software is provided by Whorl "as is" and any expressed or implied warranties including, but not limited to, the implied warranties of fitness for purpose are disclaimed. In no event shall Whorl be liable for any direct, indirect, incidental, special or consequential damages. This includes, but it not limited to, loss of use, data or profits; business interruption; loss of buisness information, 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 this software even if it is advised of the possibility of such damage.
iv. Whorl cannot be held responsible for your web server not containing the correct software required to run the Software. You should ensure compatability with your system before purchase.
v. Whorl reserve the right to alter the terms of this license agreement for new versions of its Software.
vi. If any terms of this license are violated, Whorl reserves the right to revoke the license.
vii. If any section of this license is deemed to be invalid or unenforceable for any reason, the remainder of the license shall continue to remain valid and enforceable.
viii. This EULA is governed by the laws of England and Wales.