This is an End User License Agreement (Agreement) between Civinex (Civinex), operating as Sooperthemes, (www.sooperthemes.com) hereafter referred to as "Sooperthemes" and you (Licensee). When referring to both Sooperthemes and Licensee as a collective, the term, “The Parties”, may be used.
For the purposes of this Agreement, the Parties agree that the following terms have these meanings:
"Open Source Software" means any software program, whose source code is made available for use and modification as users or other developers see fit, and which may resultantly be the collaborative work of many different developers.
“GPL” means General Public License, Version 2, as stated in the software license as drafted by Richard Stallman and as accepted within the Open Source Software community as the controlling software license for Open Source Software (http://www.opensource.org/licenses/).
"Drupal" means the Open Source Software web content management platform, as written in the PHP programming language, and as referred to in the software development industry as Drupal (www.drupal.org), and as covered by the GPL.
"Design" means a the arrangement of text, graphics and colors that function to interface with all of our software and content.
"Derivative Works" means any work on a Theme or Module that was developed using Drupal constructs, typically considered the PHP files, and which are subject to the GPL as a result.
“Production Installed System” means a system on which Licensee installs or executes all or a portion of a Theme, including, but not limited to a server, workstation, virtual machine, blade, node, or partition, that is used by within Licensee for dissemination of information or used to provide business functionality to anyone within the general public or within Licensee’s enterprise or for anyone associated in any way with Licensee.
“Test Installed System” means a system on which Licensee installs or executes all or a portion of a Theme, including, but not limited to a server, workstation, virtual machine, blade, node, or partition, that is used solely for Licensee’s development and/or demonstration purposes, but not as a Production Installed System.
The Parties agree as follows:
LICENSE GRANTED Sooperthemes grants Licensee a non-exclusive, non-transferable, fully revocable license in each Theme, Module and Design as purchased by Licensee, as follows:
A. Licensee understands and agrees that the License granted under this Agreement applies only to Licensed Works and that Derivative Works, whether created by Sooperthemes or Licensee or any other party, are subject to the GPL.
B. Licensee may use and or modify the Theme, Module or Design as consistent with the scope of this Agreement.
C. Licensee may have unlimited Test Installed Systems.
DUTIES OF LICENSEE Licensee understands and agrees to the following duties with regard to the license of the Theme:
A. Licensee shall follow the GPL with regard to all Derivative Works related to the Theme, Module or Design.
B. Licensee shall not have more than one (1) Production Installed System for the Theme, Module or Design per license.
C. Licensee shall not violate any copyrights, trademarks, and patents as held by Sooperthemes or other parties with regard to Licensed Works included with the Theme, Module or Design.
D. Licensee shall not make any claim of ownership or authorship with regard to any portion of the Theme, Module or Design.
E. Licensee shall not copy or otherwise redistribute the Licensed Works included with Theme in any fashion except as is necessary for Licensee to implement the Theme, Module or Design.
F. Licensee shall not attempt to sell or otherwise transfer the Theme, Module or Design to another party, in part or in total.
NO WARRANTY OR GUARANTEE Given the nature of Open Source Software, Licensee understands and agrees that Sooperthemes makes no warranty or guarantee of any kind regarding any Theme. This includes, but is not limited to, functionality and operability of any modules; functionality and operability of any changes by Sooperthemes to any Themes for corrections or as requested by Licensee; or accuracy and usability of support advice provided to Licensee.
OPEN SOURCE CODE DISCLAIMER Given the nature of Open Source Software, Licensee understands and agrees that if any portion of a Theme or Module is found to infringe any 3rd party intellectual property rights, Sooperthemes, at its discretion, may choose to do one of the following:
A. Obtain the rights necessary for Licensee to continue to use the Theme, Module or Design consistent with this Agreement; or
B. Disable or remove the functionality that is infringing.