Terms of Service (EULA)
This license agreement (the “Agreement”) is between you (either an individual or entity, "You" or "Your") and MyBB Themes ( "We", "Our" or "Us"), and pertains to the themes, its components, features, enhancements, updates and modifications and any related Services (collectively the “Theme”) provided by MyBB Themes under this Agreement.
By purchasing the Theme (or authorizing any other person to do so) You warrant that you are capable of entering into a binding legal agreement, that You have read and understand this Agreement and that You accept its terms and conditions. You acknowledge that this Agreement constitutes the complete statement of the agreement between You and MyBB Themes.
2. Grant and Scope of License
Subject to the terms and conditions of this Agreement and the payment by You of the applicable fee for the Theme, MyBB Themes grants You a limited, non-exclusive, worldwide license to install, download and use a single instance of the Theme ("License") through a single installation. Each License may run one instance of the Theme, accessible via one URL.
Access to services, updates and technical support require an active license.
3. Intellectual Property
We have the sole and exclusive right to the Theme which is being licensed, not sold, to you by MyBB Themes under the terms and conditions of this agreement.
4. RestrictionsYour license to use the Theme and Services is subject to the following terms, conditions and restrictions on use:
- You may alter and modify the Theme’s source code for Your use, subject to this Agreement, however, you may not distribute, publish, resell, or otherwise share the Theme or derivative works based on the Theme without prior express written consent from MyBB Themes.
- You may not remove any copyright or proprietary notices on or within the Theme’s source code at any time. A copyright removal license may be purchased to remove the public display of the Theme’s publicly displayed copyright notice.
We reserve the right to amend or modify the terms of this Agreement at any time, and to change, discontinue or impose conditions on any aspect of the Theme or related Service and to provide notification solely by posting an updated version of the Agreement on the mybb-themes.co.za website. You acknowledge that you are solely responsible for regularly reviewing this Agreement and our policies. Continued use of the Theme after modification to the Agreement constitutes your binding consent to such changes.
6. Disclaimer of Warranties
The Theme is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement.
You acknowledge that the Theme has not been developed to meet Your individual requirements, and that it is therefore Your responsibility to ensure that the facilities and functions of the Theme meet your requirements prior to purchase. You acknowledge that the Theme may not be free of bugs or errors, and agree that the existence of errors shall not constitute a breach of this Agreement.
7. Limitation of Liability
Our liability for losses suffered by you, arising out of or in connection with this agreement (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall be limited to 100% of the purchase price. We shall not be liable for indirect, incidental, or consequential damages of any kind, including loss of income or profits, loss of goodwill, loss of data, or the like. Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation.
You agree to indemnify, defend, and hold harmless MyBB Themes and its officers, directors, agents, and employees from and against any and all demands, claims, losses and liabilities, including reasonable attorney's fees, arising out of or caused by Your or Your visitors’ use of the Theme. This obligation shall survive the termination of this Agreement.
This License, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with South African law. By agreeing to the terms of this Agreement, you are waiving any claims that you might otherwise have against MyBB Themes based on the laws of other jurisdictions. If a South African Court judges any provision of this Agreement to be invalid, void, or unenforceable, the parties agree that the remaining provisions of this Agreement shall remain valid and enforceable.