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End User License Agreement

Please read this End­User License Agreement (the “Agreement”) carefully before downloading or using software product (the “Software”). By downloading or using the Software, you are agreeing to be bound by the terms and conditions of this agreement. If you do not agree to the terms of this Agreement, do not download or use the software.

  1. Preamble: This Agreement, governs the relationship between Company, a Business Entity, or Person (hereinafter: Licensee) and Towering Media, a duly registered company in whose principal place of business is 3904 East 32nd Avenue, Spokane, WA (hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using Extensions (hereinafter: The Software) created and owned by Licensor, as detailed herein
  2. License Grant: Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.

    1. Limited: Licensee may use Software for the purpose of:

      1. Running Software on Licensee’s Website[s] and Server[s];
      2. Allowing 3rd Parties to run Software on Licensee’s Website[s] and Server[s];
      3. Modify Software to suit Licensee’s needs and specifications.
    2. This license is granted perpetually, as long as you do not materially breach it.
    3. Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
  3. Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee :
    1. became insolvent or otherwise entered into any liquidation process; or

    2. exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or

    3. Licensee was in breach of any of this license's terms and conditions and such breach was not cured, immediately upon notification; or

    4. Licensee in breach of any of the terms of clause 2 to this license; or

    5. Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.

  4. Payment: In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee, via Credit-Card, PayPal or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.
  5. Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.

  6. Support: Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in The Software.

    1. Bug Notification: Licensee may provide Licensor of details regarding any bug, defect or failure in The Software promptly and with no delay from such event; Licensee shall comply with Licensor's request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.

    2. Feature Request: Licensee may request additional features in Software, provided, however, that (i) Licensee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the feature solely by himself.

  7. Liability:  To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software  and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services.  Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code.

  8. Warranty:  

    1. No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on License’s Server[s] and Website[s].

  9. No Refunds:  Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.

  10. Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.

  11. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.

  12. Number of Installations. The Agreement entitles the Customer to use a single copy of the Software on a single production Magento installation, solely for personal or business use. A separate software license must be obtained for each production Magento installation.
  13. SOFTWARE USE MONITORING
    1. As long as the Software is used by the Customer, ToweringMeda shall be entitled to monitor the Customer’s use of the Software.
    2. If ToweringMeda discovers unauthorized use, reproduction, distribution, or other exploitation of the Software, the Customer shall (i) pay to ToweringMeda the License Fee for each such unauthorized use, reproduction, distribution, or other exploitation of the Software contradictory to this Agreement (for instance, if the Software is installed on more than 1 (one) production Magento installation, than the License Fee shall be paid for each such additional installation), (ii) pay a contractual penalty in the amount of  US $1,000 for each breach for each such unauthorized use, reproduction, distribution, or other exploitation of the Software contradictory to this Agreement and (iii) indemnify ToweringMedia in respect of any other costs or damages.