COMMERCIAL SOFTWARE LICENSE AGREEMENT

Last Updated: 21.04.2025

1. LICENSE OVERVIEW

This Commercial License Agreement (the "Agreement") is between Alena Esakova, operating as GigLabo ("Licensor"), currently operating as an individual entrepreneur in accordance with German law, and the purchasing entity ("Licensee") for the GigLabo File Uploader software ("Software").

Licensor Contact Information:

2. PRICING AND TERMS

Initial License:

  • One-time payment: 500 EUR
  • Includes updates and premium support

3. LICENSE GRANT

Subject to the payment of the applicable license fees, Licensor grants Licensee a non-exclusive, worldwide license to:

  • Use the Software in commercial products and services
  • Modify the Software for Licensee's own use
  • Create derivative works
  • Deploy on unlimited servers/instances owned by Licensee
  • Include in Licensee's commercial applications

4. TERM AND TERMINATION

Initial Term:

  • Starts from purchase date

5. INTELLECTUAL PROPERTY RIGHTS

  • Licensor retains all intellectual property rights to the Software
  • Licensee receives only the rights explicitly granted in this Agreement
  • All modifications and derivative works created by Licensee remain the property of Licensee, but do not affect Licensor's ownership of the original Software
  • Upon formal business registration, all intellectual property rights will transfer to Licensor's registered business entity

6. REFUND POLICY

  • Full refund available within 30 days of purchase
  • No questions asked policy
  • Refund excludes any custom development costs

7. SUPPORT AND UPDATES

Premium Support Includes:

  • Email support
  • Bug fixes and priority attention
  • Implementation guidance
  • Direct access to development team

Updates Include:

  • All new versions and features
  • Security updates
  • Performance improvements
  • Documentation updates

8. RESTRICTIONS

Licensee may NOT:

  • Redistribute the Software as a standalone product
  • Transfer the license to another entity
  • Remove copyright notices or attributions
  • Share access credentials or source code
  • Exceed the support hours limit

9. DELIVERY AND ACCESS

Upon payment, Licensee will receive:

  • Invoice
  • License certificate
  • Direct support contact information

10. ACCEPTABLE USE

This license permits use in:

  • Commercial websites
  • SaaS applications
  • Enterprise software
  • Commercial products

11. TERMINATION GROUNDS

License may be terminated for:

  • Payment failure
  • License terms violation
  • Unauthorized sharing
  • Exceeding support limits

12. CUSTOM MODIFICATIONS

Custom development available at:

  • Standard rate: 80 EUR/hour
  • If you use our GigLabo agency's services for custom development and your project requires file uploading, then the license for this file uploader and customization is included in the price of our services.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SOFTWARE.

14. WARRANTY DISCLAIMER

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.

15. FUTURE BUSINESS TRANSITION

Upon formal business registration, all rights and obligations under this Agreement will automatically transfer to the registered business entity that will operate as GigLabo. Licensee will be notified of such registration and provided with updated business information. This transition will not affect the validity of this Agreement.

16. ASSIGNMENT

Licensee may not assign or transfer this Agreement or any rights granted hereunder without the prior written consent of Licensor. Any attempted assignment without such consent shall be void. Licensor may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.

17. RIGHT OF WITHDRAWAL (FOR CONSUMERS ONLY)

Licensee has the right to withdraw from this Agreement within 30 days without giving any reason. The withdrawal period will expire after 30 days from the day of the conclusion of the contract. To exercise the right of withdrawal, Licensee must inform Licensor of their decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). This right of withdrawal is separate from and in addition to the refund policy in Section 6.

18. EXPORT COMPLIANCE

By purchasing the license, Licensee acknowledges that they have read this Agreement, understand it, and agree to be bound by its terms and conditions.