Last updated September 2012
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING FuneralPress (AS DEFINED BELOW). BY USING FuneralPress, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY NOT USE THE SOFTWARE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Grant of License. Subject to your compliance with the terms and conditions of this License, Smarty Pants Plugins hereby grants you (and only you) a limited, personal, non-sublicensable (except as set forth below), non-transferable, nonexclusive license to use FuneralPress and documentation accompanying this License, whether on disk, memory or an any other media or in any other form (the “FuneralPress”) only in connection with the number of Sites (as defined below) set forth in Section 4. As between you and Smarty Pants Plugins , title, ownership rights, and intellectual property rights in and to FuneralPress Software, and any copies or portions thereof, shall remain in Smarty Pants Plugins and its suppliers or licensors. No other rights, express or implied, are granted by this license, and Smarty Pants Plugins reserves all rights not expressly granted to you herein.
Restrictions. You may not modify, decompile, duplicate reverse-engineer or attempt to discover the source code or structure, sequence or organization of FuneralPress. Without limiting the foregoing, if any modifications are made to FuneralPress, no support will be provided by Smarty Pants Plugins . You may not remove any proprietary notices from FuneralPress, including any copy of this License provided therewith. Except as expressly set forth in this License, you may not distribute, rent, lease, sublicense, lend or sell any version of FuneralPress to any other person or business. FuneralPress may not be used for, or in conjunction with, any illegal services, products or practices whatsoever.
Fees. You agree to pay all applicable fees with respect to FuneralPress (“Fees”), which Fees are set forth on (i) FuneralPress website, or (ii) a separate written order form accepted in writing by Smarty Pants Plugins . The license rights granted under Section 1 hereof are subject to your payment of all Fees. Permitted Sites. For purposes of this License, “Site” shall mean any Web site hosted under a single domain name, provided that each subdomain of such domain name shall be considered a separate Site. You are permitted to use FuneralPress in connection with any Site, including any premium themes that make use of FuneralPress.
Consent to Use of Data. You agree that Smarty Pants Plugins and its subsidiaries or agents may collect and use technical and related information about the server and domain FuneralPress is installed on, as well as non-personally-identifiable information regarding your site visitors and their interactions with FuneralPress Software. Smarty Pants Plugins may use this information to improve our products and services and as a basis for providing statistical analytics for our users.
Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Smarty Pants Plugins if you fail to comply with any of the terms of this License. Upon termination of this License, you shall cease all use of FuneralPress and destroy all copies, full or partial, of FuneralPress. Sections 2 through 15 shall survive any termination or expiration of this License.
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF FuneralPress IS AT YOUR SOLE RISK AND THAT RISK IS ACCEPTABLE TO YOU. THE SOFTWARE IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SMARTY PANTS PLUGINS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO FuneralPress, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SMARTY PANTS PLUGINS DOES NOT WARRANT THAT FuneralPress WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH OTHER THIRD PARTY SOFTWARE, SERVERS OR PLATFORMS. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. THIS LICENSE SUPERSEDES ALL CLAIMS MADE ORALLY OR IN WRITING OUTSIDE OF THIS LICENSE.
Indemnity. You agree that Smarty Pants Plugins shall have no liability whatsoever for any use you or any third party make of FuneralPress Software. You hereby agree to indemnify and hold harmless Smarty Pants Plugins from any and all damages, liability, costs, and expenses (including attorney’s fees) arising from claims related to your use, and your customers’ use, of the Software.
Limitation on Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SMARTY PANTS PLUGINS OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR PERSONAL INJURY, OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE FuneralPress, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE). Some jurisdictions do not allow for the limitation of liability for personal injury or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Smarty Pants Plugins’ aggregate liability to you for all damages exceed the amount paid BY YOU for the software license.
Injunctive Relief. Because of the proprietary nature of FuneralPress Software, you understand that Smarty Pants Plugins will suffer irreparable injury in the event that you fail to comply with the terms of this License, and that monetary damages will be inadequate to compensate Smarty Pants Plugins for such breach. Accordingly, you agree that Smarty Pants Pluginswill, in addition to any other remedies available to it at law or in equity be entitled to injunctive relief to enforce the terms of this License.
Refunds & Support. FuneralPress is sold “AS IS” and any refunds will be given at our sole discretion. All software has bugs, and if you discover one, please let us know. While we will do our best to fix them in later releases; however, this License does not entitle you to any support, upgrades, patches, enhancements, or fixes for FuneralPress(collectively, “Support”). Without limiting the foregoing, any such Support for FuneralPress that may be made available by Smarty Pants Plugins shall become part of FuneralPress Software and subject to this License.
Platform Compatibility. FuneralPress is compatible with Firefox 3+, IE7+, Safari 4+, Opera 10+ and Chrome 4+.
Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of FuneralPress. It supersedes all prior agreements and understandings regarding FuneralPress. No modification or amendment of this License will be binding unless provided in writing, and signed by an authorized signatory of Smarty Pants Plugins .
Waiver. All waivers under this Agreement must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Assignment. This License is personal to you and you shall not assign or transfer the License or FuneralPress to any third party under any circumstances. Smarty Pants Plugins may freely assign its rights and obligations under this License.