This software license agreement ("Agreement") is a legal agreement between you (either an individual or an entity, referred to as "You" or "Your") and Rowdy Solutions LLC, operating under the name XenByAndrew ("We", "Our", or "Us"), for the use of any software, add-ons, or digital products ("Software") purchased from Us. By purchasing or using the Software, You agree to the terms of this Agreement. If You do not agree, do not purchase or use Our Software.
We reserve the right to modify the terms of this Agreement at any time. Changes will be posted on Our website, and Your continued use of the Software constitutes acceptance of the updated terms.
Upon purchase, We grant You a limited, non-exclusive, non-transferable license to install, download, and use the Software on a single domain or website URL unless otherwise specified. You may create one additional password-protected test installation for development or staging purposes. The test installation must not be accessible to the public.
If You require additional installations, You must purchase separate licenses.
All intellectual property rights, copyrights, and trademarks in the Software remain with Us. This license grants You usage rights only and does not transfer ownership of the Software.
Support and updates are included for the initial 12 months following purchase ("Support Period"). After this period, access to support and updates may be renewed for an additional fee.
Support includes assistance with installation, bug fixes, and troubleshooting related to the Software. It does not include customization requests or resolving conflicts with third-party software.
Updates are provided to ensure compatibility with the latest versions of supported platforms (e.g., XenForo).
Refunds will only be issued if:
Refunds are granted at Our sole discretion and will not be issued for buyer’s remorse, incompatibility with third-party software or hosting environments, or customizations made by You or third parties.
The Software does not collect, store, or transmit personal data unless explicitly stated. If the Software facilitates the collection or processing of personal data, You are solely responsible for ensuring compliance with all applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
You agree to indemnify Us from any claims, liabilities, or damages resulting from Your failure to comply with applicable data protection laws.
The Software is provided "as-is" without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that the Software may contain bugs or errors, and such issues do not constitute a breach of this Agreement.
We are not liable for indirect, incidental, or consequential damages, including loss of income, data, or profits, arising from the use of the Software. Our total liability is limited to the purchase price of the Software.
You agree to indemnify and hold Us harmless from any claims, liabilities, or expenses arising from Your use of the Software, including legal fees and damages resulting from third-party claims.
You agree to indemnify, defend, and hold harmless XenByAndrew (a DBA of Rowdy Solutions, LLC) and its affiliates, employees, agents, officers, and directors from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with:
You agree to comply with all applicable export control laws. You may not use, export, or re-export the Software to countries or entities subject to U.S. export restrictions or where prohibited by local law.
All prices are exclusive of taxes unless explicitly stated. You are responsible for any applicable taxes, duties, or fees associated with the purchase and use of the Software. This includes any VAT or sales tax that may be applicable to the transaction.
This Agreement and Your license are effective until terminated. You may terminate the license at any time by uninstalling the Software and deleting all copies. We reserve the right to revoke Your license without notice if You violate any terms of this Agreement.
This Agreement is governed by the laws of the State of Georgia, United States, without regard to its conflict of law principles. Any disputes shall be resolved exclusively in the courts located within Georgia.
This Agreement constitutes the entire agreement between You and Us regarding the Software. If any provision is found invalid or unenforceable, the remaining provisions will remain in effect.
If you have any questions about this Agreement, please contact:
Email: [email protected]
Website: https://xenbyandrew.com
