END USER LICENSE AGREEMENT (SUBSCRIBER AGREEMENT)
This End-User License Agreement (this “EULA”) is a legal agreement between the Featherlight Websites Subscriber (“Licensee”) and North Sea Studio LLC dba Featherlight Websites (“Licensor”), the author of Featherlight Websites, including all HTML files, XML files, Java files, graphics files, animation files, data files, technology, development tools, scripts and programs, both in object code and source code (the “Software”), the deliverables provided pursuant to this EULA, which may include associated media, printed materials, and “online” or electronic documentation.
By entering into a subscription to use the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use the Software.
1. Grant of License
A) Scope of License. Subject to the terms of this EULA, Licensor hereby grants to Licensee a royalty-free, non-exclusive license to possess and to use a copy of the Software.
B) Installation and Use. Licensee may install (required to be hosted with Licensor) and use a maximum of one (1) copies of the Software solely for Licensee’s business and personal use as long their subscription is active with Licensor. If the subscription becomes inactive, Licensee may request all website assets and use website as they wish. (Only available on service plans that expressly grant this right. As of this version of the EULA, those plans are Advanced and Enterprise plans.) Licensor will no longer host or provide support for website once the subscription is cancelled.
C) Component Licenses. Licensor may bundle paid or premium software which Licensor pays for the right to use on Licensee websites. Should the subscription be terminated, these paid licenses do not transfer to Licensee. Licensee may acquire a license for these softwares from their creators.
2. Description of Rights and Limitations
A) Limitations. Licensee and third parties may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
B) Update and Maintenance. Licensor shall provide updates and maintenance on the Software on an as needed and regular basis. Regular updates are made at least monthly.
3. Title to Software. Licensor represents and warrants that it has the legal right to enter into and perform its obligations under this EULA, and that use by the Licensee of the Software, in accordance with the terms of this EULA, will not infringe upon the intellectual property rights of any third parties.
4. Intellectual Property. Featherlight Websites are built in WordPress, which operates under a GNU license. Licensee is owner of any intellectual property, images, content, code, plugins, except and only to the extent that such ownership is expressly permitted by applicable law notwithstanding the limitation.
5. Support. Licensor will provide remote support, available during normal business hours for the life of the subscription. Some service plans are do not include phone support.
A) Licensee agrees to allow Licensor access to enter, update, modify, or change any system for which they have conferred access to Licensor. Licensor may enter these systems to address issues affecting the service provided the Licensee. Licensor is not required to request permission to enter or update these systems in an effort to provide service to Licensee.
7. Duration. This EULA is effective for For the life of the subscription or until:
A) Automatically terminated or suspended if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or
B) Terminated or suspended by Licensor, with or without cause.
C) Termination of subscription by Licensee, which may be requested of Licensor at any time.
7. Jurisdiction. This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Michigan, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Grand Rapids, MI, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
8. Non-Transferable. This EULA is not assignable or transferable by Licensee without the prior written consent of Licensor, and any attempt to do so shall be void.
9. Severability. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
10. warranty disclaimer. licensor, AND AUTHOR OF THE SOFTWARE, HEREBY EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSEE ACCEPTS ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE.
11. LIMITATION OF LIABILITY. LICENSOR SHALL NOT BE LIABLE TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL LICENSOR’S AGGREGATE LIABILITY TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE SOFTWARE.
12. Entire Agreement. This EULA constitutes the entire agreement between Licensor and Licensee and supersedes all prior understandings of Licensor and Licensee, including any prior representation, statement, condition, or warranty with respect to the subject matter of this EULA.
13. Nonpayment of subscription
A) If a Licensee fails to pay for service, their account will be notified, and information or assistance with solving the payment issue given. If a Licensee’s account becomes delinquent and goes unpaid for 14 days, the website will be put into “maintenance mode” and made in accessible to users. In addition, their access to the products and services, including standard support outside of assistance to remedy the payment issue, will be put on hold, and their account considered not in good standing.
B) If the account remains out of good standing for 60 days, the account will be cancelled without further communication required from the Licensor. In this event, the Licensee may not download their site files or database or migrate until the outstanding amount is paid in full.
C) A Licensee’s account is not considered in good standing until all previously unpaid orders are paid in full.
D) Any account with an outstanding balance more than 120 days old will be referred to collections.
For additional information regarding this EULA, please contact:
North Sea Studio LLC dba Featherlight Websites
Attn: Tyler J Doornbos
605 Livingston NE
Grand Rapids, MI 49503
hello@getfeatherlight.com
