License Agreement
By purchasing or using our themes, you agree to abide by these terms. Please read them carefully to understand your rights and responsibilities.
Summary
This is a legally non-binding summary. Please review the full license text carefully before using the themes.
This is a legal agreement between you (the customer) and 4AM, s.r.o. for using their Kirby CMS themes. By downloading or using the themes, or by purchasing a license, you agree to these terms:
What You Can Do
- Install and use the theme on one website or multi-language website per license purchase
If you need a separate Kirby CMS license for your site, you'll most likely also need a separate theme license - Make copies of the theme for backup or development purposes
- Modify the source code for your own use
What You Cannot Do
- Use the theme on additional websites without buying additional licenses
- Redistribute or resell the theme or your modified versions
Support & Updates
- Free updates are included for all future theme updates
- Email support provided for active license holders
This license is a legal agreement between You and 4AM, s.r.o., Štefániková 682/4, 085 01 Bardejov, Slovakia (therein "Our"/"We"/"Us") for the use of any Kirby CMS themes and resources (the "Theme") created by Us and sold via Paddle.com and LemonSqueezy.com. By downloading any Theme files or resources or purchasing a license to the Theme, you agree to be bound by the terms and conditions of this license.
Permitted Use
This agreement grants a license for each purchase to install and use a single instance of the Theme on a specific website limited by its domain & subdomain. If You use the cross-domain multi-language feature with the same content
folder, these domains count as the same Website.
Additional Theme licenses must be purchased in order to install and use the Theme on additional websites.
The license is non-exclusive and generally non-transferable.
A license includes all future updates to the theme. However, we reserve the right to charge an upgrade fee for significant updates. The classification of an update is at our sole discretion.
Development Usage
You are permitted to install and use the Theme on a personal computer (such as a desktop PC, notebook, or tablet) or a server, free of charge, for as long as necessary during the development stage.
Any website that is used purely for the purposes of development and client preview is considered development usage It must only be accessible by a restricted number of users. A website with the intention to handle production data is never considered development usage, no matter if the related website is publicly accessible or not.
Refund Policy
We do not offer refunds due to the digital nature of our products.
Technical Support
Technical support is available via email for active license owners.
No support is provided for free themes or themes that are available both for free and paid usage. We do not provide phone support. No representations or guarantees are made regarding the response time in which support questions are answered, but we will do our very best to respond quickly.
All Rights Reserved
4AM, s.r.o. owns all rights, title and interest to the Theme (including all intellectual property rights) and reserves all rights to the Theme that are not expressly granted in this Agreement.
Restrictions
Making Copies
You may make copies of the Theme in any machine readable form solely for purposes of deploying a website to a server, developing a website on a personal computer or server or as a backup, provided that You reproduce the Theme in its original form and with all proprietary notices on the copy.
You may not reproduce the Theme or its source code, in whole or in part, for any other purpose.
Modification of the Source Code
You may alter, modify or extend the source code for Your own use. You may also commission a third party to perform those modifications for You.
However You may not alter or circumvent the licensing features, including (but not limited to) the license validation or resell, redistribute or transfer the modified or derivative version.
Ownership and Intellectual Property
The Theme is copyrighted by Us. All rights not expressly granted to You are retained by Us, including intellectual property rights.
Disclaimer of Warranty
THE THEME IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESSED OR IMPLIED, IS GIVEN. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE THEME INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE OF THE THEME AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE. THIS PARAGRAPH ALSO APPLIES TO YOU IF YOU ARE NOT THE LICENSEE (E.G. IF YOU USE THE THEME WHILE SOMEONE ELSE IS THE LICENSEE).
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL CUMULATIVE DAMAGES EXCEED THE FEES YOU PAID TO US UNDER THIS AGREEMENT IN THE MOST RECENT TWELVE-MONTH PERIOD. THIS PARAGRAPH ALSO APPLIES TO YOU IF YOU ARE NOT THE LICENSEE (E.G. IF YOU USE THE THEME WHILE SOMEONE ELSE IS THE LICENSEE).
Termination
The License may be terminated by either party if terms are breached and not remedied within a specified period.
Governing Law
Any legal disputes that arise from or relate to this Agreement shall be exclusively resolved in the courts located in Slovakia. Nonetheless, we reserve the right to initiate legal proceedings against you in the jurisdiction where your principal place of business is situated.
Should you be domiciled in Slovakia, the stipulations of the first paragraph will be relevant only if you are a businessperson, a public law entity, or a special fund under public law.
If your domicile is not in Slovakia but within another member state of the European Union, the provisions of the first paragraph will apply to you only if you do not qualify as a consumer as defined under Article 17 of Regulation (EU) No. 1215/2012. In such circumstances, you may bring a legal action against us either in the jurisdiction of our place of business or where you habitually reside. Conversely, we are entitled to sue you exclusively in the courts of the member state where you have your domicile.
In the event that your residence is outside Slovakia and not within any European Union member state, the provisions of the first paragraph are fully applicable without any modification.
Severability Clause
Should any provision of this Agreement be or become invalid, void or unenforceable, in whole or in part, at present or in the future, this shall not affect the validity of the remaining provisions of this Agreement. The same shall apply if a gap requiring supplementation arises after conclusion of this Agreement. The parties shall replace the invalid, void or unenforceable provision or gap requiring filling by a valid provision which in its legal or economic content takes account of the invalid, void provision and the overall content of the agreement.