This LightIgnite License Agreement (the “Agreement”) is by and between you and Cave Interactive Media LLC. Your right to use any and all templates, plugins, and other media content (“Product”) downloaded from LightIgnite (the “Website”) is subject to the terms of this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY. BY OBTAINING OR USING A PRODUCT FROM LIGHTIGNITE IN ANY MANNER, YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER.
- (a) “Client” means the person or entity whose website you are designing if you are a web designer.
- (b) “LightIgnite” or “we” or “our” or “us” means Cave Interactive Media LLC, the owner and operator of the Website.
- (c) “Product-Based Work” means any work derived from or based upon a Template, Plugin, or other Product provided by LightIgnite.
- (d) “User” is any user of a Template, Plugin, Product or a Product-Based Work.
- (e) The terms “reproduce,” “reproduction,” “derivative works,” “distribute,” and “distribution” have the same meaning here as under the United States Copyright Act of 1976, as amended.
- (f) “You” means you, your Client, or if you are accepting on behalf of your employer, then “you” means that employer and its affiliates.
2. License Grant
Subject to the terms of this Agreement, LightIgnite hereby grants you a perpetual, non-exclusive, non-transferable, non-sublicensable limited license to (i) download, copy, modify, and display the Product as set forth in Section 4 below, (ii) create Product-Based Works for yourself or a Client, and (iii) distribute the object code versions of Product-Based Works to third party Users in the form of a website. All rights not granted herein are expressly reserved by LightIgnite. In addition:
- Products purchased under a “Standard” license are permitted to be used in a single website (or applicable Product-Based Work) for a single Client.
- Products purchased under a “Developer” license can be used to create an unlimited number websites (or applicable Product-Based Works) for an unlimited number of Clients.
3. Support & Updates
When you purchase paid Products, you will receive access to a Support and Updates Service for those Products for a period of one year (see our Support and Updates Policy for more information). You may renew the Support Service for your paid Products on the anniversary of your paid Products’ purchase.
Some of our Products have been contributed by third party service providers. These third party service providers may change from time to time and the Products they contribute may not always be available through the LightIgnite Service.
Support and Updates Services are only available to you and you may not transfer them to any other person without our express, written consent. We may refuse to give consent for this at our discretion.
4. Permitted Uses
You may use the Product to design your own website or the website of your Client(s) and may make modifications necessary to fit the requirements of you or your Client(s) with the full knowledge that any Product-Based Work and the use of any Product-Based Work remains subject to this Agreement. You will own the Product-Based Works you create, but LightIgnite retains all right, title and interest in and to the Product. You may also remove LightIgnite’s own copyright, trademark and attribution notices from any Product-Based Work, but it and the Product from which it is derived remains subject to this Agreement. You must retain all other third party copyright, trademark and attribution notices present in the Product (if any, such as those included with third party libraries) in the Product-Based Work if required by those third parties. You and all Users must use the Product and any Product-Based Work in compliance with all applicable federal, state and local laws, rules and regulations.
5. Prohibited Uses
You may not use the Product or do anything with the Product that is not expressly permitted by this Agreement, including, but not limited to, the following strictly prohibited uses:
- (a) Assignment, resale, sublicense or other transfer of the Product or your rights to use the Product as set forth herein or otherwise make the Product available in a manner that allows a person to access or reproduce the Product as an electronic file, except in connection with a Product-Based Work and subject to Section 4 above;
- (b) Use, reproduction or display of the Product or Product-Based Work in any manner that may be deemed by us, in our sole and absolute discretion, to be competitive or in conflict with the Website or our business (e.g. inclusion as part of an online website builder service, or distribution outside the Website such as on a template/themes marketplace or a “freebies” website);
- (c) Use, reproduction or display of the Product in a fashion that we consider as, or under applicable law is considered, pornographic, obscene, immoral, infringing, defamatory or libelous; and
- (d) Use or display of the Product in an electronic format that enables it to be downloaded or distributed in any file sharing arrangement.
6. Limited Representations And Warranties
The Product is provided “As Is” without representation, warranty or condition of any kind, either express or implied. LightIgnite hereby expressly excludes and disclaims all warranties, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. LightIgnite does not represent or warrant that the Product will meet your requirements or that its use will be uninterrupted or error free. The entire risk as to the quality and performance of the Product is with you. You assume the entire risk and cost of any necessary corrections. Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have additional consumer rights, which vary from jurisdiction to jurisdiction.
7. Limitation Of Liability
In no event will LightIgnite or any of its affiliates or their respective directors, officers, employees, shareholders, members or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, or loss of business information) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this Agreement, including, without limitation, your use of, reliance upon, access to, or exploitation of the Product, or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property or otherwise.
In any event, our total maximum aggregate liability under this Agreement, the license provided hereunder, or the use or exploitation of a Product in any manner whatsoever is limited to the fees actually paid by you to us under this agreement in respect of the purchase of the applicable Product.
Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
User shall indemnify, defend and hold LightIgnite, its affiliates and their respective officers, directors, employees, members, and agents harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable attorneys’ fees) incurred by any such party as a result of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Agreement.
9. License Term
This Agreement is effective until it is terminated and does not automatically terminate upon the expiration of your Support and Updates Service. You can terminate this Agreement by destroying the Product and any Product-Based Work, along with any copies or archives of it, and ceasing to use the Product for any purpose. The Agreement shall also automatically terminate without notice by LightIgnite in the event you fail to comply with any of the terms and conditions of this Agreement. Upon termination, all rights and licenses granted to you and any Users under this Agreement will terminate and you must immediately (a) cease using the Product and any Product-Based Works for any purpose, (b) destroy or delete all copies and archives of the Product, Product-Based Works, or accompanying materials, and (c) if requested, confirm to us in writing that you have complied with these requirements.
You acknowledge that you have read and understand this Agreement and that you have had the opportunity to seek legal advice prior to agreeing to it. In consideration of us agreeing to provide the Product, you agree to be bound by the terms and conditions of this Agreement. You further agree that it is the complete and only statement of the agreement between you and LightIgnite, which supersedes any proposal or prior agreement and any other communication between you and LightIgnite relating to the subject matter of this Agreement.