Enterprise End User License Agreement – ThemeStarta Framework Incorporating the ThemeStarta Framework Library
Plain English Summary
This summary is a preface only and does not replace the actual license agreement below. You must read the EULA in full prior to purchase, and by purchasing you agree to all the terms therein.Important: This license relates to the ThemeStarta Framework only. Purchasing this license does not automatically grant you Enterprise, Developer or Extended rights to any other WordPress themes. Please be sure to check & adhere to the license terms of each individual product.
Any WordPress themes you create to sell as standalone products must be based on the ThemeStarta Framework. In order to ensure unique design, you cannot base your themes for sale on any other ThemeStarta theme.
If you are interested in selling licenses to your customers that provide usage rights beyond that included in PlanetStarta’s Regular and Extended Licenses for themes, please contact us to privately discuss pricing on a custom license agreement to the ThemeStarta Framework.
What you CAN do:
- Install on an unlimited number of your own domains.
- Modify for your own private use to install on domains you own.
- Install a uniquely designed version on a client’s domain, or send a uniquely designed version directly to a client, as part of a website creation service or WordPress theme design service.
- Install a uniquely designed version on an individual established website and sell that site, including its domain and content, as a one time sale to a third party.
- Sell usage rights equivalent to but not beyond PlanetStarta’s Regular and Extended Licenses for themes for a uniquely designed version to customers via a theme / template store or some other variety of sales page.
- Sell usage rights equivalent to but not beyond PlanetStarta’s Regular and Extended Licenses for themes for a uniquely designed version to customers as part of a bundled product. For example a package of themes, or a complete “plug and play” website.
What you CANNOT do:
- Install or transfer copies as is for any third party – you may only install or transfer a uniquely designed version to a client / customer.
- Sell resale rights to any third party. Your customers may use your uniquely designed version on domains they personally own, and install on domains of their clients but they MAY NOT sell directly to or transfer directly to any other party.
In short, you may sell your customers the equivalent to PlanetStarta’s Regular and Extended Licenses for themes, but no usage rights beyond that.
If you are interested in purchasing an expanded ThemeStarta Framework license that allows you in turn to sell licenses with resale rights, please contact us to discuss.
- Give away copies, as is or modified, free of charge to any third party. This license allows you specifically to sell non-transferable usage rights, but NOT to give usage rights away without charge.
Refunds & Support:
- There are no refunds, all sales are final.
- Support for any product license purchased is included, via the official support channels through the Members Dashboard only.
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE MAKING YOUR PURCHASE:
This Agreement / End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and PlanetStarta for the PlanetStarta software product(s) identified above, the “ThemeStarta Framework”, incorporating the “ThemeStarta Framework Library”, which may include associated software components, media, printed materials, and “online” or electronic documentation (hereafter referred to as the “SOFTWARE PRODUCT”). By purchasing, installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the SOFTWARE PRODUCT between you, (hereafter referred to as the “Licensee”), and PlanetStarta, (hereafter referred to as the “Licensor”), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not purchase or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Third party components.
The SOFTWARE PRODUCT makes use of certain third party components. Use of these components is granted under the respective copyright holder’s specified license. These components, attribution to their copyright holders and their respective licenses are as follows:
COMPONENT: Calls to functions in the WordPress core. ATTRIBUTION: http://www.wordpress.org LICENSE: GPLv2
COMPONENT: jQuery ATTRIBUTION: JOHN RESIG http://jquery.com/ LICENSE: GPL / MIT
COMPONENT: Superfish and Subersubs ATTRIBUTION: JOEL BIRCH http://users.tpg.com.au/j_birch/plugins/superfish/ LICENSE: GPL / MIT
COMPONENT: jQuery Masonry ATTRIBUTION: DAVID DESANDRO http://desandro.com/resources/jquery-masonry LICENSE: GPL / MIT
COMPONENT: jQuery Backstretch ATTRIBUTION: SCOTT ROBBIN http://srobbin.com/jquery-plugins/jquery-backstretch/ LICENSE: GPL / MIT
COMPONENT: Modernizr ATTRIBUTION: http://www.modernizr.com LICENSE: BSD / MIT
COMPONENT: ColorBox ATTRIBUTION: JACK MOORE http://colorpowered.com/colorbox/ LICENSE: GPL / MIT
COMPONENT: Awkward Showcase ATTRIBUTION: AWKWARD GROUP http://www.awkwardgroup.com/sandbox/awkward-showcase-a-jquery-plugin/ LICENSE: GPL / MIT
COMPONENT: WordPress pagination ATTRIBUTION: ERIC MARTIN http://www.ericmmartin.com/projects/wp-paginate/ LICENSE: GPL
(b) Proprietary components – Images & ThemeStarta Framework Library (tsflib)
All components, including but not limited to PHP, HTML, CSS in the SOFTWARE PRODUCT that are included in the ThemeStarta Framework Library, (housed in the “tsflib” folder), and images included anywhere in the SOFTWARE PRODUCT, are wholly owned and copyrighted by/to the Licensor. Use of these components is granted to the Licensee by the Licensor under the conditions stipulated in this license agreement.
(c) GPL components
All PHP, HTML, CSS in the SOFTWARE PRODUCT that are not attributed in Section 1(a), and are not included in the ThemeStarta Framework Library, (housed in the “tsflib” folder), are copyrighted by/to the Licensor. Use of these components is granted to the Licensee under the GPLv2 License.
The SOFTWARE PRODUCT is available for use solely to Licensees, with no right of duplication or further distribution, licensing, or sub-licensing. A Licensee is someone who legally obtained a copy of the SOFTWARE PRODUCT, and in doing so agreed to terms of the license, via a sale channel expressly authorized by the Licensor.
(e) License Grant.
The Licensor grants the Licensee a right to install and use the copy of the SOFTWARE PRODUCT obtained via a sale channel expressly authorized by the Licensor in accordance with section 1(f).
The Licensor also grants the Licensee a limited, personal, non-transferable and non-exclusive right to create derivative works based on the SOFTWARE PRODUCT and sell them to / install them for third parties, in accordance with section 1(g).
(f) Installation and Use.
The Licensor grants the Licensee the right to install and use copies of the SOFTWARE PRODUCT, and any derivative works of the SOFTWARE PRODUCT created by the Licensee, on an unlimited number of domains owned by the Licensee and / or on any localhost environments run on personal computers owned by the Licensee.
(g) Installation / Sale of Derivative Works Based on the SOFTWARE PRODUCT
The Licensor grants the Licensee the right to sell derivative works based on the SOFTWARE PRODUCT, (hereafter referred to as a “Derivative Work”), without the need to pay royalties to the Licensor, provided the following conditions (along with all other conditions of this agreement) are met:
i. Unique Design
The design / visual aspects of the Derivative Work, including all images, must be clearly distinguishable as the intellectual property of the Licensee.
ii. Conditions of Sale for Derivative Works
The Licensee may sell a Derivative Work as part of a private agreement between themselves and a third party, or through a distribution agreement between themselves and multiple parties. Examples of private agreements are a business to client website creation contract, or a person to person website sale contract. Examples of distribution agreements are selling a Derivative Work via a theme store, sales page, or as part of a larger product package. Acceptable means of selling a Derivative Work are as follows:
1. A website creation service where the Derivative Work will be installed on the client’s site by the Licensee.
2. A custom WordPress theme design service where the Derivative work will be installed on the client’s site by the Licensee, or sent to the client as a zip archive.
3. The sale of an existing established website on which the Derivative Work has previously been installed by the Licensee.
4. The sale of a Derivative Work from a theme / template store or some other variety of sales page, with usage rights equivalent to but not beyond PlanetStarta’s Regular and Extended Licenses for themes.
5. The sale of a Derivative Work as part of a bundled product. For example a package of themes, or a complete “plug and play” website, with usage rights equivalent to but not beyond PlanetStarta’s Regular and Extended Licenses for themes.
(h) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT. NOTE: This does not refer to the attribution in the footer of the SOFTWARE PRODUCT which may be removed.
You may not distribute copies of the SOFTWARE PRODUCT to third parties.
(c) Prohibition on Reverse Engineering and Disassembly.
You may not reverse engineer or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
The Licensor may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
(g) Updates and Upgrades.
All updates and upgrades of the SOFTWARE PRODUCT from a previously released version are governed by the terms and conditions of this EULA.
3. CREATION AND SALE OF DERIVATIVE WORKS
The Licensee is granted the right to create and sell derivative works based on the ThemeStarta Framework provided the terms and conditions of this EULA are met.
Without prejudice to any other rights, the Licensor may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
The SOFTWARE PRODUCT is licensed, not sold. You acknowledge that no title to the intellectual property in the SOFTWARE PRODUCT is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE PRODUCT will remain the exclusive property of the Licensor, and you will not acquire any rights to the SOFTWARE PRODUCT, except as expressly set forth above.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by the Licensor. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by the Licensor.
6. WARRANTIES, SUPPORT & REFUNDS
The SOFTWARE PRODUCT is guaranteed to work when installed correctly on a clean installation of WordPress, where server permissions allow WordPress access to edit theme files. If the licensee experiences difficulty installing or using the SOFTWARE PRODUCT, assistance will be provided via Support Services. The Licensor does not guarantee the SOFTWARE PRODUCT will work with all third party plugins, scripts or browsers, and while Support Services may be able to assist to ensure compatibility, the Licensee hereby agrees that the Licensor is not responsible for any conflicts that may arise.
Refunds may be considered, at the sole discretion of the Licensor, on a case by case basis within 30 days of purchase and only provided the Licensee has granted Support Services adequate time, access and information to resolve any and all issues relating to the SOFTWARE PRODUCT performing the basic functions as designed. Refunds will only be considered in the event that Support Services are able to confirm the product is not functioning and are unable to rectify.
The Licensor expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose beyond the basic product description. The Licensor further disclaims any warranty not expressly described.
All support services are provided through a dedicated restricted members area. Support for products by PlanetStarta will not be provided by any other platform, including Email, Social Media Services, or Telecommunication Services. The Licensee accepts that access to the members area for any purpose is contingent upon adherence to the terms and conditions contained in this EULA. The Licensee further agrees that any breach of this EULA may result in such access being revoked at the discretion of the Licensor.
7. LIMITATION OF LIABILITY
In no event shall the Licensor be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the SOFTWARE PRODUCT, even if the Licensor has been advised of the possibility of such damages. In no event will the Licensor be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. The Licensor shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.