Plugin License

End User License Agreement for Kepler Builder

Please read this End User License Agreement (“EULA”) before You purchase a License Key for the Kepler Builder WordPress Plugin and subsequently download and use the Kepler Builder WordPress Plugin.

By purchasing a License Key and/or downloading and using the Kepler Builder WordPress Plugin, You agree, without reservation to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase a License Key and/or download and use the Kepler Builder WordPress Plugin.

If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

You may not accept this EULA if You are not of legal age to form a binding contract with Kepler.

Definitions

In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:

  • “Activate” turning the Trial version into the Licensed Version of the same application with the License Key provided by Kepler;
  • “Documentation” the detailed information about the Kepler Builder WordPress Plugin, its features and the system requirements as made available on the website of Kepler, as amended from time to time;
  • “Licensed Version” the license for the Kepler Builder WordPress Plugin for the term specified on the webpage of the store where You purchase the license, or in any applicable agreement concerning the purchase of the license (as stand-alone product or as part of a subscription) to Kepler Builder WordPress Plugin;
  • “License Key” a unique code provided by Kepler, which enables You to activate the Licensed Version by entering the code into the Kepler Builder WordPress Plugin and to subsequently use the Kepler Builder WordPress Plugin during the applicable license term;
  • “Open Source Software” any software that requires as a condition of use, copying, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in source code form, and (b) be licensed for the purpose of making and/or distributing derivative works, and (c) be redistributable at no charge;
  • “Kepler” Revox Private Limited, Colombo, Sri Lanka;
  • “Single License” a unique license key that allows you to build and publish one end product using Kepler Builder WordPress Plugin on a single Website or Domain
  • “Plus License” a unique license key that allows you to build and publish three (3) end products using Kepler Builder WordPress Plugin on three (3) Websites or Domains
  • Kepler Builder WordPress Plugin” any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by Kepler, including any Updates;
  • “Updates” any modified versions and updates of, and additions to the Kepler Builder WordPress Plugin (excluding upgrades of the Kepler Builder WordPress Plugin);
  • “Use” the access, download, install, copy or get benefit from using the Kepler Builder WordPress Plugin in accordance with the documentation;
  • “You” you, the final and ultimate user of the Kepler Builder WordPress Plugin or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Kepler Builder WordPress Plugin, and the company or other legal entity that will be the final and ultimate user of the Kepler Builder WordPress Plugin, if applicable.

General

  • This EULA applies to any licenses granted to You by Kepler for the use of the Kepler Builder WordPress Plugin.
  • By purchasing a License Key for the Kepler Builder WordPress Plugin and/or downloading and using the Kepler Builder WordPress Plugin, You enter into this EULA with Kepler.
  • This EULA may be modified from time to time. Kepler will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the provision of the License Key. Any modifications to this EULA shall only apply upon acceptance by You.

License

  • Kepler grants You a non-exclusive, non-transferable, limited, revocable license to Use the Kepler Builder WordPress Plugin in accordance with this EULA. Kepler reserves all rights not expressly granted to You.
  • Kepler is and remains the owner of any intellectual property rights with respect to the Kepler Builder WordPress Plugin. You shall not acquire any ownership to the Kepler Builder WordPress Plugin as result of Your purchase of the License Key or Your Use of the Kepler Builder WordPress Plugin.

Permitted use and restrictions

  • In order to be able to install the Kepler Builder WordPress Plugin and receive Updates and upgrades, Your computer shall have access to the Internet and shall meet the system requirements described in the Documentation that can be found on the webpage: https://www.kepler.app/.
  • You are licensed to use the Kepler Builder WordPress Plugin to create one single website for yourself or for one client if using the Single License or three (3) websites if using the Plus License.
  • You may Use the Kepler Builder WordPress Plugin on one website only, unless You have purchased (a) a Plus License or (b) more than one Single License. In the event You have purchased a Plus License or more than one Single License, the number of websites You may Use the Kepler Builder WordPress Plugin on shall not exceed the number of the Single Licenses purchased. If You exceed the limit, Kepler may block the License Key.
  • You shall Use the Licensed Version in accordance with applicable laws;
    • You shall not rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key or the Licensed Version;
    • assign the License Key or the Licensed Version without prior written approval of Kepler; Use the Licensed Version for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity; delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Kepler Builder WordPress Plugin; or copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Kepler Builder WordPress Plugin and the License Key or any parts thereof, except to the extent permitted by applicable law.
    • You can’t Sell the website made using the Kepler Builder WordPress Plugin, except to one client for each Licensed Version or License Key.
    • You can’t re-distribute the Kepler Builder WordPress Plugin as stock, in a tool or with source files. You can’t do this with the Kepler Builder WordPress Plugin either on its own or bundled with other items. You can’t modify the Kepler Builder WordPress Plugin. You can’t re-distribute or make available the Kepler Builder WordPress Plugin as-is or with superficial modifications. These things are not allowed even if the redistribution is for Free.
  • You must not permit an end user of the Website to extract the Kepler Builder WordPress Plugin and use it separately from the Website
  • Kepler may modify the Kepler Builder WordPress Plugin at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.
  • Certain components of the Kepler Builder WordPress Plugin are Open Source Software and licensed under the terms of the applicable license(s) of the Open Source Software. You shall adhere to these terms and conditions, which can be found via the webpage: https://www.kepler.app/.

Maintenance and support

  • Kepler will notify You of any available Updates and upgrades.
  • You will be entitled to receive Updates free of charge: during a period of twelve (12) months upon purchasing the License Key for the Licensed Version. In order to receive Updates after this twelve months’ period, You will need to renew your License Key for the Licensed Version.
  • You may need to pay an additional fee in order to be able to download an upgrade.
  • You can download available Updates and upgrades from the website of Kepler or from your WordPress Dashboard.
  • Any maintenance and support provided by Kepler, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.

Use of data

  • Kepler and its subsidiaries may periodically collect and use technical and related data concerning the Kepler Builder WordPress Plugin You have licensed, including about the version number of the Kepler Builder WordPress Plugin You have installed and about the system You have installed the Kepler Builder WordPress Plugin on. Kepler will use such data to facilitate maintenance and support with respect to the Kepler Builder WordPress Plugin, to improve its products and to provide further services or technologies to You.
  • Kepler may process personal data with respect to You, if and to the extent necessary to provide the License Key, to provide maintenance and support to You with respect to the Kepler Builder WordPress Plugin and to comply with its obligations under this EULA. To the extent Kepler will process personal data, it will comply with its obligations under applicable data protection law. Please see our privacy statement for more details on the processing of Your personal data that Kepler has collected and received through its website.

Disclaimer

  • You Use the Kepler Builder WordPress Plugin at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
  • The Kepler Builder WordPress Plugin and accompanying documentation are provided on an “as is” and “as available” basis without warranty – express or implied – of any kind, and Kepler specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Kepler, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.

Liability limitation

  • The liability of Kepler and any third party that has been involved in the creation, production, or delivery of the Kepler Builder WordPress Plugin for all damages arising out of or in any way relating to the Licensed Version, the License Key, the Kepler Builder WordPress Plugin and/or this EULA shall in no event exceed the total amount incurred in the purchase of Kepler Builder WordPress Plugin.
  • Kepler and any third party that has been involved in the creation, production, or delivery of the Kepler Builder WordPress Plugin are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Kepler Builder WordPress Plugin).

Termination

  • This EULA will continue to be in force until the expiry or termination of the Licensed Version.
  • The Licensed Version will terminate automatically at the end of the applicable license term, unless renewed or Activated prior to the end of the applicable license term.
  • Kepler is entitled to terminate the Licensed Version by blocking the License Key during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your (subscription) fee for the License Key within the applicable payment term, in the event Your (subscription) fee for You as Contributor has been failed to pay within the applicable payment term, or in the event Kepler is required to do so by law or an order of an applicable court.
  • Upon termination of the Licensed Version, You shall cease all use of the Kepler Builder WordPress Plugin.
  • You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.

Governing law and disputes

  • This EULA shall be governed by and construed in accordance with the laws of the Sri Lanka, excluding its conflicts of law rules.
  • Any dispute between Kepler and You shall exclusively be submitted to the competent court in Colombo, Sri Lanka.

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