|End User Licensing Agreement (EULA)
END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and InstaTheme.com (IM) for the SOFTWARE(s) identified above. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.
1. The SOFTWARE is licensed, not sold.
2. GRANT OF LICENSE. You MAY install and/or use the SOFTWARE on 1 web site/blog per license you have purchased from InstaTheme. If you have purchased the UNLIMITED site license, then this license may be used only on web sites where only one entity owns and operates all of the web sites. This license is only for use on web sites you yourself own. Ownership can be verified in many ways, but not limited to, the name and address of the entity in whose name the domain is registered, as per the domain name's "whois" records. This license may not be used on client sites, JV sites, partner sites, friends' sites, family sites, "you bring the content, I bring the software and the technology" type partnership sites, etc. If you're looking to do that, then you must buy our Developer's license. Some restrictions apply. Please click here for details about the InstaTheme Developer's License. We reserve the right to terminate any licenses that are in violation of our policy or licensing terms, with no prior warning or notification. No refunds of any kind will be granted to those who violate our terms. We also reserve the right to define and decide when our terms are being violated.
3. DISTRIBUTION. You MAY NOT sell, rent, lease, lend, make available for download online or in any form of media, or otherwise redistribute the SOFTWARE in any way whatsoever. You MAY NOT sell, rent, lease, lend or otherwise redistribute derivative works based upon the SOFTWARE.
4. RESTRICTIONS. You MAY NOT not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.
5. SUPPORT SERVICES. We reserve the right to determine where free support ends, and at what point paid support will have to be availed of. We provide only ticket-based technical support, and if deemed necessary by us, also by email, instant messaging or phone. We also reserve the right to discontinue support at any time, without any advanced or prior notification whatsoever, to customers who exhibit inappropriate behavior or use inappropriate language while dealing with our staff and/or management in any mode of communication. We also reserve the right to define what is appropriate and what is inappropriate.
6. TERMINATION. Without prejudice to any other rights, InstaTheme 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 and remove it from any and all websites, computers, email accounts or from any other form of media owned by you.
7. COPYRIGHT. The SOFTWARE is protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. This SOFTWARE DOES NOT come with any of the following: distribution rights, private label rights, resell rights, master resell rights. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of InstaTheme and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
8. NO WARRANTIES. InstaTheme expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL INSTATHEME, IT'S OWNERS OR DEVELOPERS OR STAKEHOLDERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF INSTATHEME, IT'S OWNERS OR DEVELOPERS OR STAKEHOLDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, INSTATHEME.COM's LIABILITY OR THE LIABILITY OF IT'S OWNERS, DEVELOPERS AND/OR STAKEHOLDERS FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S.$1.00 OR LICENSE FEE PAID BY YOU.
10. MISCELLANEOUS. Should you have any questions concerning this EULA, or if you desire to contact InstaTheme for any reason, please contact by email to firstname.lastname@example.org