Introduction
Every product listed on the QuoxCORE Marketplace must include an End User Licence Agreement (EULA) that incorporates, at minimum, the following terms. Developers may add additional terms to their EULA but may not contradict or weaken these minimum requirements.
Where a Developer does not provide a custom EULA, these minimum terms shall serve as the default EULA governing the End User's use of the product. By submitting a product to the QuoxCORE Marketplace, the Developer agrees that these minimum terms will be enforceable as part of every EULA between the Developer and End Users of their product.
In these minimum terms, "Developer" refers to the person or entity that created and published the product on the QuoxCORE Marketplace. "End User" refers to the person or organisation that installs or uses the product. "Quox" refers to Quox LTD, a company registered in England and Wales.
1. Acknowledgement
The End User acknowledges that this EULA is concluded between the End User and the Developer only, and not with Quox. The Developer, not Quox, is solely responsible for the product and its content, including any claims, losses, liabilities, damages, costs, or expenses attributable to the product.
Quox is not a party to this EULA. Quox acts solely as a marketplace facilitator, providing the platform through which Developers distribute products and End Users discover and install them. Quox's role as facilitator does not create any obligation, responsibility, or liability on Quox's part with respect to the product.
2. Scope of licence
Subject to the terms of this EULA, the Developer grants the End User a non-transferable, non-exclusive licence to use the product on QuoxCORE instances owned or controlled by the End User's organisation.
This licence does not permit the End User to:
- Redistribute, sublicence, rent, lend, or otherwise transfer the product or any rights therein to any third party
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the product, except to the extent that such activity is expressly permitted by applicable law
- Modify, adapt, or create derivative works based on the product without the Developer's prior written consent
- Use the product on QuoxCORE instances not owned or controlled by the End User's organisation, unless the Developer's additional terms expressly permit such use
The licence is effective until terminated. It terminates automatically if the End User fails to comply with any term of this EULA, if the product is removed from the QuoxCORE Marketplace, or if the End User's QuoxCORE subscription lapses or is terminated.
3. Maintenance and support
The Developer is solely responsible for providing any maintenance and support services with respect to the product, as specified in this EULA or as required under applicable law. Quox has no obligation whatsoever to furnish any maintenance or support services with respect to the product.
The End User should direct all support queries, bug reports, and feature requests to the Developer using the contact details provided in Clause 8 of this EULA or on the product's Marketplace listing page.
4. Warranty
The Developer is solely responsible for any product warranties, whether express or implied by law. In the event that the product fails to conform to any applicable warranty, the End User may notify Quox, and Quox will refund the purchase price of the product to the End User. This refund constitutes Quox's maximum aggregate liability with respect to the product.
To the maximum extent permitted by applicable law, Quox disclaims all other warranties relating to the product, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Nothing in this Clause affects the End User's statutory rights under the Consumer Rights Act 2015 or other applicable consumer protection legislation, which cannot be excluded or restricted by contract.
5. Product claims
The Developer, not Quox, is responsible for addressing any End User claims or any third-party claims relating to the product or the End User's possession and use of the product. This includes, without limitation:
- Product liability claims
- Any claim that the product fails to conform to any applicable legal or regulatory requirement
- Claims arising under consumer protection, data protection, privacy, or similar legislation
- Claims relating to the accuracy or completeness of the product's functionality
The Developer shall indemnify and hold harmless Quox from and against any costs, damages, or expenses arising from such claims.
6. Intellectual property
The Developer, not Quox, is solely responsible for the investigation, defence, settlement, and discharge of any intellectual property infringement claim relating to the product. This includes any claim that the product, or the End User's possession and use of the product, infringes a third party's intellectual property rights.
If any third party alleges that the product infringes their intellectual property rights, the Developer shall, at its own expense:
- Defend or settle such claim
- Obtain the right for the End User to continue using the product, or modify or replace the product to make it non-infringing
- Indemnify the End User and Quox against any damages, costs, or expenses awarded in connection with such claim
7. Legal compliance
The Developer represents and warrants that:
- The product is not subject to any export restrictions or sanctions that would prevent its distribution through the QuoxCORE Marketplace
- The product does not violate any applicable laws, regulations, or third-party rights in any jurisdiction in which it is made available
- The product complies with all applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018
- The Developer holds all licences, permits, and authorisations necessary for the development, distribution, and operation of the product
8. Developer contact information
The Developer must provide the following information, which shall be displayed on the product's Marketplace listing and made available to End Users for the purposes of support enquiries and legal notices:
- Full legal name (individual or registered company name)
- Registered address or principal place of business
- Email address for support enquiries
- Email address or postal address for legal notices
The Developer must keep this information current and accurate at all times. Failure to maintain valid contact information may result in the product being removed from the QuoxCORE Marketplace.
9. Third-party terms
The End User must comply with any applicable third-party terms of agreement when using the product. Where the product incorporates or depends upon third-party software, services, or content, the End User is responsible for reviewing and complying with the relevant third-party terms.
The Developer must disclose all material third-party dependencies in the product's Marketplace listing, including any third-party services that process End User data or require separate End User agreements.
10. Third-party beneficiary
The Developer and the End User acknowledge and agree that Quox LTD and its subsidiaries are third-party beneficiaries of this EULA. Upon the End User's acceptance of this EULA, Quox shall have the right (and shall be deemed to have accepted the right) to enforce any term of this EULA against the End User as a third-party beneficiary thereof.
This right is granted pursuant to the Contracts (Rights of Third Parties) Act 1999. No other person who is not a party to this EULA shall have any right under that Act to enforce any term of this EULA.
Governing law
This EULA, including these minimum terms, shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising from or in connection with this EULA shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Contact
For questions about these minimum terms or the QuoxCORE Marketplace, please contact us:
Email: [email protected]
General Enquiries: [email protected]
Address: Suite RA01, 195-197 Wood Street, London, E17 3NU, United Kingdom