LICENSE

SPRYKER SYSTEMS GMBH – SPRYKER DEMO SHOP 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 DEMO SHOP (AS DEFINED BELOW) UNDER THE PROVISIONS OF THIS SPRYKER DEMO SHOP LICENSE AGREEMENT (THE “AGREEMENT”). 

The “SPRYKER DEMO SHOP” includes any software owned and distributed by Spryker under this Agreement. The SPRYKER DEMO SHOP 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 DEMO SHOP. 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 45-calendar-day period (the “Evaluation Period”) following the download of the SPRYKER DEMO SHOP, the non-transferable, non-exclusive limited, free of charge license to permit Licensee’s employees to internally use the SPRYKER DEMO SHOP to test and evaluate the SPRYKER DEMO SHOP in connection with potentially purchasing non-evaluation licenses to the SPRYKER COMMERCE OS.

Licensee shall not (i) use the SPRYKER DEMO SHOP to set up a productive live system, for development purposes or any other purposes; (ii) copy any part of the SPRYKER DEMO SHOP (iii) distribute, disclose, market, rent, lease, or transfer the SPRYKER DEMO SHOP or act as a service bureau with respect to the SPRYKER DEMO SHOP; (iv) export the SPRYKER DEMO SHOP or install it in multiple locations; (v) disclose any confidential information provided by Spryker; (vi) modify or make derivative works of the SPRYKER DEMO SHOP; or (vii) allow others to make or obtain copies of the SPRYKER DEMO SHOP, unless it is permitted in the general Software License Agreement, which has been concluded between Spryker and the Licensee. 

Excluded from this SPRYKER DEMO SHOP 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 DEMO SHOP 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 DEMO SHOP, 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.

This Agreement shall be governed by the laws of Germany to the exclusion of IPR (International Law) and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The Parties consent to the jurisdiction of the courts in Berlin (Germany). This Agreement is not assignable or transferable by Licensee and any attempt to do so is null and void. This Agreement and the general Software License Agreement of the Spryker Commerce OS constitutes the entire agreement between the Parties concerning Licensee’s use of SPRYKER DEMO SHOP. This Agreement supersedes any prior verbal understanding between the Parties and any Licensee purchase order or another ordering document, regardless of whether such document is received by Spryker before or after the execution of this Agreement. This Agreement may be amended only in a writing signed by an authorized officer of Spryker.