Paid and Premium Product Terms

Last Updated: February 13th 2020, 8:10 pm

The terms in this agreement are subject to change without notice.

What am I agreeing to?

  1. Permitted for use on 1 (one) live website, blog or forum only on a single domain. Exception only when an unlimited domain license is purchased. Additional test instances are permitted, access to must be restricted to staff/developer only, public access is not permitted. Support will only be provided for a single live website, blog or forum per license.
  2. Modification of the code and/or images supplied is permitted to integrate the product with your website, blog or forum.
  3. The redistribution of premium products whether edited, updated, upgraded or as originally supplied, is strictly prohibited.
  4. Licenses are sold in 12 month intervals, but may vary in certain situations. Premium support and updates to the products under that license are included for this time interval.
  5. When your license expires or before your license expires, you may purchase a new license or a renewal which is sold at a discounted rate of typically around 25-50%, but this also may vary. If you do not renew and your license is expired, you are ineligible for premium support and updates released after the expiration date on that individual license.
  6. We do update products regularly. But we do not guarantee timeframe or that we will continue to update any given product indefinitely. If you have any concerns please contact us prior to completing your purchase.
  7. Customization is not provided as part of our standard license support packages. However, we do offer customization solutions. For customizations please open a request to discuss your requirements (upon agreement requests are chargeable at our standard hourly rate). Otherwise we suggest a design or customization resource for assistance in what you need.
  8. We recommend that source files for any of our products are never touched directly. We aim to provide adequate resources to prevent this from happening, but we cannot be held responsible if you do. Doing so may result in a more difficult upgrade process including the loss of work. This is true for any digital company.
  9. Support is provided for the product purchased on a best effort basis, we cannot guarantee compatibility with other add-ons, hacks or themes nor can we support other/externally purchased add-ons, hacks or themes.
  10. We do not allow derivitive works to be published or sold without any files from a paid or premium product. Derivative works must always require that their license holders also hold a valid license with our original product.
  11. Copyright must not be altered or removed without prior consent or a branding removal purchase.
  12. All purchases are final, please check your order quantities and the products being ordered prior to completing your purchase.
  13. Products may have requirements listed on their product page or on their terms pages. This includes things such as software version or other technologies or tools required. You are responsible for ensuring you meet all requirements before purchases, as in accorrdance with Terms of Service.
  14. Agreement to both individual (per product) and our Terms of Services is indicated by purchasing, downloading and installing our products.

Any breach of this agreement will result in termination of service, refunds will not be guaranteed or assumed in such circumstances.

Terms of Service

1. Preamble

This Agreement, agreed to on the date of download and installation, (hereinafter: Effective Date) governs the relationship between Customer, a Business Entity, (hereinafter: Licensee) and Audentio Design, LLC, a duly registered company in whose principal place of business is 2222 East State St, Suite 200, Rockford, IL, 61104 (hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using Premium Distributed Digital Products (hereinafter: The Software) created and owned by Licensor, as detailed herein.

2. License Grant

Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable, Pepetual, Commercial, Royalty free, Without the rights to create derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.

  1. Limited: Licensee may use Software for the purpose of:
    1. Running Software on Licensee’s Website[s] and Server[s];
    2. Allowing 3rd Parties to run Software on Licensee’s Website[s] and Server[s];
    3. Publishing Software’s output to Licensee and 3rd Parties;
    4. Distribute verbatim copies of Software’s output (including compiled binaries);
    5. Modify Software to suit Licensee’s needs and specifications.
  2. This license is granted perpetually, as long as you do not materially breach it.
  3. Binary Restricted: Licensee may sublicense Software as a part of a larger work containing more than Software, distributed solely in Object or Binary form under a personal, non-sublicensable, limited license. Such redistribution shall be limited to unlimited codebases.
  4. Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
  5. Commercial, Royalty Free: Licensee may use Software for any purpose, including paid-services, without any royalties
  6. With support & maintenance: Licensor shall provide Licensee support and maintenance as follows - Support is provided for the product purchased on a best effort basis, we cannot guarantee compatibility with other add-ons, hacks or themes nor can we support other/externally purchased add-ons, hacks or themes. Customization is not provided as part of our standard license support packages. However, we do offer customization solutions. For customizations please open a request to discuss your requirements (upon agreement requests are chargeable at our standard hourly rate). Otherwise we suggest a design or customization resource for assistance in what you need.

3. 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 :

  1. became insolvent or otherwise entered into any liquidation process; or
  2. exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or
  3. Licensee was in breach of any of this license's terms and conditions and such breach was not cured, immediately upon notification; or
  4. Licensee in breach of any of the terms of clause 2 to this license; or
  5. Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.

4. Payment

In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee, via Credit-Card, PayPal or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.

5. Upgrades, Updates and Fixes

Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The 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.

  1. Upgrades: for the purpose of this license, an Upgrade shall be a material amendment in The Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase The Software under version 1.X.X, an upgrade shall commence under number 2.0.0.
  2. Updates: for the purpose of this license, an update shall be a minor amendment in The Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase The Software under version 1.1.X, an upgrade shall commence under number 1.2.0.
  3. Fix: for the purpose of this license, a fix shall be a minor amendment in The Software, intended to remove bugs or alter minor features which impair the The Software's functionality. A fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase Software under version 1.1.1, an upgrade shall commence under number 1.1.2.

6. Support

Software is provided with limited support, as detailed in the Software’s SLA detailed under the License Grant. Licensor shall provide support via the ThemeHouse ticket system and / or electronic mail and on regular business days and hours.

  1. Bug Notification: Licensee may provide Licensor of details regarding any bug, defect or failure in The 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.
  2. Feature Request: Licensee may request additional features in Software, provided, however, that
    1. Licensee shall waive any claim or right in such feature should feature be developed by Licensor;
    2. 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;
    3. Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and
    4. Licensee developed, envisioned or created the feature solely by himself.

7. 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 The 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 The Software or using The Software’s source code.

8. Warranty
  1. Intellectual Property: Licensor hereby warrants that The 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.
  2. No-Warranty The Software is provided without any warranty; Licensor hereby disclaims any warranty that The 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 The Software on License’s Server[s] and Website[s].
  3. Prior Inspection Licensee hereby states that he inspected The 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 The 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 The Software's incompatibility, performance, results and features, and warrants that he inspected the The Software.

9. No Refunds

Licensee warrants that he inspected The Software according to clause 7(c) and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.

For XPress, please note that custom add-ons, customizations, and server configuration can prevent XPress from working properly. Should you encounter an issue, please create a ticket here. If the issue is due to custom add-ons, customizations, or server configuration we will offer a full refund if reported here within 30 days. ThemeHouse is at the sole discretion on refunds and you must allow us time to help fix the issue.

10. Indemnification

Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The 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.

11. 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.

Special licenses for specific Products

Some premium products we offer have additional terms. That list includes:

  1. UI.X 2 Pro License
Join Our Newsletter

Sign up today to receive awesome promotions, updates on new products and much more.

Copyright © 2020 Audentio, LLC. All Rights Reserved.