Copyright (c) 2013 Polygonix - Released under the following license.
#Regular End User License Agreement – Themes
This Agreement / End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Polygonix for the Polygonix software product(s) identified above 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” or “You”), and Polygonix, (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 may make 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 helpers in the Ghost core. ATTRIBUTION: http://tryghost.org/ LICENSE: MIT
COMPONENT: jQuery ATTRIBUTION: JOHN RESIG http://jquery.com/ LICENSE: GPL / MIT
COMPONENT: Modernizr ATTRIBUTION: http://www.modernizr.com LICENSE: BSD / MIT
COMPONENT: Normalize.css ATTRIBUTION: NICOLAS GALLAGHER http://necolas.github.io/normalize.css/ LICENSE: GPL / MIT
#####(b) Proprietary components – Images & Code All components, including but not limited to IMAGES, JS, HTML, CSS 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) Licensees 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.
#####(d) License Grant. The Licensor grants the Licensee a personal, non-transferable and non-exclusive right to install and use, in accordance with section 1(f), the copy of the SOFTWARE PRODUCT obtained via a sale channel expressly authorized by the Licensor. Renting, copying, transferring or assigning all or part of the proprietary components of the SOFTWARE PRODUCT, or any rights granted hereunder, to any other persons is strictly prohibited. You may create derivative works based on the SOFTWARE PRODUCT and install and use them in accordance with section 1(f), but you may not transfer or distribute them. You may not transfer the SOFTWARE PRODUCT.
#####(e) 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) 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.
#####(b) Distribution. You may not distribute copies or derivatives 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.
#####(d) Rental. 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. TERMINATION 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.
##4. COPYRIGHT 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.
##5. WARRANTIES, SUPPORT & REFUNDS The SOFTWARE PRODUCT is guaranteed to work when installed correctly on a clean installation of WordPress. 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 conducted through the provided support channels. Support for products by Polygonix 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.
##6. 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.