License Agreement

This license is a legal agreement for the use of CartThrob Ecommerce System (the "Software") between you and Foster Made LLC, developers of the Software. By downloading CartThrob and its related libraries, modules and extensions you agree to be bound by the terms and conditions of this license. Foster Made, LLC reserves the right to alter this agreement at any time without notice.

Permitted Use

CartThrob licensees may use the Software on sites for commercial and for-profit activities, personal, and non-profit activities. This license grants the right to perform one installation of the Software to a publicly accessible website. Each license entitles you to one installation and one use for a standard ExpressionEngine website, or for up to five websites controlled by one installation of ExpressionEngine Multi-Site Manager. You may also install 2 additional copies on non-publicly accessible development servers provided these copies are not configured to process live transactions. Each additional installation, or additional five Multi-Site Manager websites requires an additional purchased license. Foster Made will make the final judgement over whether a website constitutes a publicly accessible website.

Restrictions

You may not, without prior, written consent from Foster Made do any of the following:

  • Redistribute, reproduce, reverse engineer, or transfer the software to any third party.
  • Grant rights to any other person.
  • Use the Software in violation of U.S. and international laws.
  • Sell, rent, lease, assign, or sublet any portion of the Software.

Notices

All copyright notices, logos, and developer information must remain intact and unmodified in the the Control Panel and Software files. You may make any other design modifications provided the intent is not to obscure or remove this information.

Support Policy

Technical support is provided via our support portal or by emailing [email protected] for all customers who have purchased or renewed their license within 12 months of making a request. CartThrob does not provide telephone support. No representations or guarantees are made regarding the response time in which support questions are answered.

Additional fees may be required to settle support requests depending on the nature and complexity of support requests. Urgent support requests will always require additional payment, unless a separate maintenance agreement has been entered into.

Download access

This license provides one year limited access to download the current & minor point releases of this software. Major point releases or number revisions may require an additional purchase or upgrade fee. Upon one year and one day from initial purchase, additional download access to files will require an additional license, or license extension.

Software Backup

You may make unlimited backup copies of the Software for back-up purposes.

Modifications

You may alter, modify, or extend the Software for your own use. You may not resell or transfer the modified or derivative versions without prior written consent from Foster Made. Portions of the Software code may not be extracted for use in other programs without prior written consent from Foster Made.

Products Return, Refund, and Cancellation Policy

Due to the non-returnable nature of downloadable software, CartThrob does not issue refunds once a transaction has been completed. If you have questions about whether or not CartThrob will work for you, please contact us with any questions.

For assistance contact us.

Services Return, Refund, and Cancellation Policy

Please note that Foster Made does not permit the return of or offer refunds or exchanges for any service, including, but not limited to the following services:

  • Design
  • Development
  • Custom-configured software, or software personalized to your specifications
  • Web Hosting
  • Email Publishing Costs
  • Domain Name Registration Costs
  • Secure Certificates
  • Maintenance Program Fees

All services are bound by the terms and conditions as stated as part of the estimate document you will be provided before service work commences on your custom project. Services are rendered on an hourly basis. Services that have been rendered will not be refunded, and cannot be retroactively cancelled. Deposits are non refundable. Project cancellations are permitted, though deposits will not be refunded, and services completed for project will be billed according to the terms stated on the approved estimate for your project.

Disclaimer of Warranty

There is no warranty for software provided, to the extent permitted by applicable law. except when otherwise stated in writing the copyright holders and/or other parties provide the program "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with you. Should the program prove defective, you assume the cost of all necessary servicing, repair or correction.

Limitation of Liability

In no event unless required by applicable law or agreed to in writing will any copyright holder, or any other party who modifies and/or conveys the program as permitted above, be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the program (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the program to operate with any other programs), even if such holder or other party has been advised of the possibility of such damages.

Indemnification

Customer warrants that everything he/she gives Developers to put on the Web Site is legally owned or licensed to the Customer. Customer agrees to indemnify and hold Developers harmless from any and all claims brought by any third party relating to any aspect of the Web Site, including, but without limitation, any and all demands, liabilities, losses, costs and claims including attorney's fees arising out of injury caused by Customer's products / services, material supplied by Customer, copyright infringement and defective products sold via the Web Site. Further, customer agrees to indemnify Foster Made from responsibility for problems / disruptions caused by 3rd party services that the customer may use such as merchant accounts, shopping carts, shipping, hosting services, real time credit card processing and other services that relate to the ownership and operation of the Web Site or multimedia project.

Use of Web Site for Promotional Purposes

Customer grants Developers a limited right to reference portions of websites where the Software has been installed for promotional purposes within CartThrob.com. Visual content (screenshots, video, or flash animations) containing portions of Web Site being used in portfolio must be approved in advanced and in writing by licensee.

CodeIgniter License

Portions of CartThrob are derived from CodeIgniter software by EllisLab, Inc. The following is both an acknowledgement of that use, and a distribution of the CodeIgniter license. By using CartThrob, you are also bound by the following license for portions of CartThrob derived from CodeIgniter software. These portions include the Encrypt class, and Sha1 class. All other portions of the software are bound by the license noted above.

Copyright (c) 2008 - 2009, EllisLab, Inc. All rights reserved.

This license is a legal agreement between you and EllisLab Inc. for the use of CodeIgniter Software (the "Software"). By obtaining the Software you agree to comply with the terms and conditions of this license.

Permitted Use

You are permitted to use, copy, modify, and distribute the Software and its documentation, with or without modification, for any purpose, provided that the following conditions are met:

  1. A copy of this license agreement must be included with the distribution.
  2. Redistributions of source code must retain the above copyright notice in all source code files.
  3. Redistributions in binary form must reproduce the above copyright notice in the documentation and/or other materials provided with the distribution.
  4. Any files that have been modified must carry notices stating the nature of the change and the names of those who changed them.
  5. Products derived from the Software must include an acknowledgment that they are derived from CodeIgniter in their documentation and/or other materials provided with the distribution.
  6. Products derived from the Software may not be called "CodeIgniter", nor may "CodeIgniter" appear in their name, without prior written permission from EllisLab, Inc.

Indemnity

You agree to indemnify and hold harmless the authors of the Software and any contributors for any direct, indirect, incidental, or consequential third-party claims, actions or suits, as well as any related expenses, liabilities, damages, settlements or fees arising from your use or misuse of the Software, or a violation of any terms of this license.

Disclaimer of Warranty

The software is provided "as is", without warranty of any kind, expressed or implied, including, but not limited to, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose.

Limitations of Liability

You assume all risk associated with the installation and use of the software. In no event shall the authors or copyright holders of the software be liable for claims, damages or other liability arising from, out of, or in connection with the software. License holders are solely responsible for determining the appropriateness of use and assume all risks associated with its use, including but not limited to the risks of program errors, damage to equipment, loss of data or software programs, or unavailability or interruption of operations.