This Software License Agreement (“Agreement”) is entered into between Kybernetik Services LLC, a limited liability company organized under the laws of the State of Wyoming, United States (“Licensor”, “we”, “us”, or “our”), and you (“Licensee”, “you”).
By purchasing, downloading, installing, or using any software product provided by the Licensor, including but not limited to WordPress plugins and WordPress themes (the “Software”), you agree to be bound by the terms of this Agreement.
Grant of License
Subject to your compliance with this Agreement, the Licensor grants you a non-exclusive, non-transferable, revocable license to install and use the Software on the number of domain(s) permitted by the license you purchased (the “Permitted Domains”).
You may use the Software only on the specific domain(s) you have licensed and only up to the maximum number of Permitted Domains associated with your purchase. The Permitted Domains and any usage limits are defined by the license type selected at checkout and/or in your account, order confirmation, or licensing system.
The Software may be used for personal or commercial websites, including client projects, provided that the Software is not redistributed and is used only within the scope of the purchased license.
This is a license, not a sale. No ownership rights are transferred.
License Restrictions
You may not:
- distribute, sublicense, or make the modified Software available to any third party without the Licensor’s prior written consent;
- use the Software on more domains than permitted by your license;
- modify the Software for your own internal use or for use on Permitted Domains, provided that such modifications do not remove or alter any copyright, trademark, or proprietary notices;
- remove or alter any copyright, trademark, or proprietary notices.
Ownership
All rights, title, and interest in and to the Software, including all intellectual property rights, remain the exclusive property of the Licensor.
Updates and Support
Updates and support may be provided only for the duration of an active license, if applicable.
The Licensor makes no guarantee regarding update frequency, availability, or response times.
Refund Policy
Refunds are governed exclusively by our Refund Policy, available at:
https://sandbox.wp-cool-tools.com/refund-policy/
No refunds will be granted outside the terms stated in that policy.
Termination
This Agreement is effective until terminated.
The license will terminate automatically and without notice if you violate any term of this Agreement.
Upon termination, you must immediately cease all use of the Software. No refunds will be issued upon termination for cause.
Disclaimer of Warranties
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The Licensor does not warrant that the Software will be error-free, uninterrupted, or compatible with all WordPress installations, themes, plugins, or hosting environments.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION.
THE LICENSOR’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE LICENSE.
Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles.
Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Wyoming, and the parties hereby consent to personal jurisdiction and venue therein.
Entire Agreement
This Agreement constitutes the entire agreement between you and the Licensor concerning the Software and supersedes all prior or contemporaneous agreements, communications, or understandings.
If any provision of this Agreement is held to be unenforceable, the remaining provisions shall remain in full force and effect.