The following is a sample of the Premium Theme License which is included in a theme package sent to you automatically upon purchasing your chosen Premium theme
Sequence.js Premium Theme License
- Preamble: This Agreement governs the relationship between You (hereinafter: Licensee) and Ian Lunn Design Limited, a duly registered company in whose principal place of business is United Kingdom (hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using Sequence.js Premium Theme Compatible with Version 2 of Sequence.js Library (hereinafter: Software) created and owned by Licensor, as detailed herein.
License Grant: Licensor hereby grants Licensee a non-assignable & non-transferable, perpetual, royalty free, non-exclusive license, all with accordance with the terms set forth.
2.1. Licensee may use Software in one of the ways as follows:
2.1.1. For revision, adaption, or derivative (hereinafter: Modification) and integration into one 3rd party non-commercial software (hereinafter: Application) to be installed as many times as required on one website (hereinafter: Installation), solely for the use of users (hereinafter: Users) of Installation, but not for redistribution, reinstallation, or resale, providing Licensee has obtained a separate Personal/Open-Source Sequence.js Library License available from https://sequencejs.com/licenses/; or
2.1.2. For revision, adaption, or derivative (hereinafter: Modification) and integration into one 3rd party commercial software (hereinafter: Application) to be installed as many times as required on one website (hereinafter: Installation), solely for the use of users (hereinafter: Users) of Installation, but not for redistribution, reinstallation, or resale, providing Licensee has obtained a separate Commercial Sequence.js Library license available from https://sequencejs.com/licenses/;
2.2. Licensee may NOT use Software as follows:
2.2.1. To produce an Application allowing Users to produce separate applications that incorporate Software or Modifications
2.3. This license is granted perpetually, as long as you do not materially breach it.
2.4. Non Assignable & Non-Transferable: Licensee may not assign or transfer rights and duties under this license.
2.5. Royalty Free: Licensee may use Software without any royalties
2.6. With Attribution Requirements:
2.6.1. You must not remove any copyright, attribution, or other written notices from Software, except when compressing or minifying copies of Software’s source code.
2.6.2. Additional non-source-code materials containing copyright, attribution, and other written notices should be distributed with Software as-is.
2.7. With Responsibility:
2.7.1. Licensee is responsible for ensuring use of Software, Modification, and/or Application remains under the terms of this license herein.
- Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee:
3.1. became insolvent or otherwise entered into any liquidation process; or
3.2. exported Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or
3.3. Licensee was in breach of any of this license’s terms and conditions and such breach was not cured, immediately upon notification; or
3.4. Licensee in breach of any of the terms of clause 2 to this license; or
3.5. Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.
- Payment: In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee, via PayPal or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.
Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to time, Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.
5.1. Upgrades: for the purpose of this license, an Upgrade shall be a material amendment in Software, which contains new features and or major improvements and shall be marked as a new version number. For example, should Licensee purchase The Software under version 2.X.X, an upgrade shall commence under number 3.0.0.
5.2. Updates: for the purpose of this license, an update shall be a minor amendment in Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase Software under version 2.1.X, an upgrade shall commence under number 2.2.0.
5.3. Fix: for the purpose of this license, a fix shall be a minor amendment in Software, intended to remove bugs or alter minor features which impair the Software’s functionality. A fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase Software under version 2.1.1, an upgrade shall commence under number 2.1.2.
- Support: Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in Software.
6.1. Bug Notification: Licensee may provide Licensor of details regarding any bug, defect or failure in Software promptly and with no delay from such event; Licensee shall comply with Licensor’s request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.
6.2. Feature Request: Licensee may request additional features in Software, provided, however, that (i) Licensee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the feature solely by himself.
- Liability: To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between Software and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on Software or using Software’s source code.
8.1. Intellectual Property: Licensor hereby warrants that Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
8.2. No-Warranty: Software is provided without any warranty; Licensor hereby disclaims any warranty that Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running Software.
8.3. Prior Inspection: Licensee hereby states that he inspected Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee found that Software interacts with his development, website and server environment and that it does not infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding Software’s incompatibility, performance, results and features, and warrants that he inspected Software.
- Refunds: Licensee warrants that he inspected Software according to clause 8.3 and that it is adequate to his needs. Licensee may request a refund should he deem Software no longer be adequate for his needs. To claim a refund, within a period of 60 days from the day of purchase, licensee must provide the email address used during purchase along with the order number included in the “payment received” and/or “your order is complete” email sent out after payment was made.
Licensee shall only be entitled to a refund of the same amount he paid for license and related goods and not be, ever, entitled to any compensation or restitution for any reason whatsoever, even if Software contains material flaws.
10.1. Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of Software in means that violate, breach or otherwise circumvent this license, Licensor’s intellectual property rights or Licensor’s title in Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
10.2. Should Licensee offer support, warranty, indemnity, or other liability obligations and/or rights consistent with this license as part of Application, Licensee may act only on Licensee’s behalf and sole responsibility, and not on behalf of the Licensor.
- Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.