End User License Agreement

This End User License Agreement (the "Agreement") is a binding legal agreement between you (“You”, “Your”, or “User”,) and the Progressivered d.o.o. (the "Author" or “Progressivered”). Downloading, installing or using the Foliodot template (the "Template") signifies that you have read, understood, and agreed to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, do not download, install, or use the Template.

Definitions

• "Website" is defined as a single domain including sub-domains that operate as a single entity. What constitutes a single entity shall be at the sole discretion of the Author.
• “Template” means the actual Template or any part of the Template or derivative work based upon the Template, including but not limited to the Source Code, graphics, icons, designs or example documents.
• "Source Code" is defined as the contents of all HTML, CSS, JavaScript or PHP files provided with the Template.
• “Evaluation Template” means the actual Template or any part of the Template, including but not limited to the Source Code solely used for evaluation or test purposes only. The availability and stipulation of Evaluation Template is at the sole discretion of the Author.
• “Template Version” or “Version” means the unique Version of the Template which is denoted with a number immediately after the Template title, for example “Foliodot 1.0”.
• “License Fee” means the money paid by you at the time you completed your purchase at https://foliodot.com and paid the amount due for the Template download and usage on live site.

License grant

Subject to the terms and conditions of this Agreement, Author hereby grants, non-transferable, non-exclusive, limited license to:

• Free Trial. You may use Template for evaluation or testing purposes only without paying License Fee according to rules provided in sections entitled "Trial and Evaluation," in this Agreement.
• One license, one website. Install and use the Template on a single Website at the time. Additional Template licenses must be purchased in order to install and use the Template on additional Websites.
• Commercial or personal usage. Use Template for personal or commercial project as part of hired work for a third party according to the terms in this Agreement.
• Official Support. Email support is provided to User with paid licenses.
• Free updates. Receive or download latest Template Version free of charge as long as Template is offered through https://foliodot.com.
• Backup the Template to private and secured location only

All rights not expressly granted by Author are hereby reserved. The Author reserves the right to determine whether use of the Template qualifies under this Agreement.

Restrictions

Except as otherwise expressly permitted in this Agreement, you may not:

• Use, deploy or install Template on live or publicly visible website without paying the License Fee.
• Sell, assign, license, disclose, distribute, or otherwise transfer or make available the Template, in whole or in part, in any form to any third parties.
• Reproduce, integrate, distribute, sublicense or resold the Template as a part of a software collection, service, application, plug-in, module, extension, or another web template with purpose to be used by third parties.
• You may not rent, lease, loan, encumber, resell, distribute or otherwise assign or transfer the Template or create derivative components based upon Template or any part of it.
• Remove, edit, or obscure any copyright or trademark notices in the Template.

Trial & evaluation

• You may use Evaluation Template for evaluation or testing purposes only without paying the License Fee.
• You may use Evaluation Template on local machine or private test server only.
• You may not use Evaluation Template on publicly visible or accessible Website without paying the License Fee.
• You may use Evaluation Template without explicit time limit and without need for paying the License Fee as long as you act according to terms of this Agreement.
• All restrictions in section “Restrictions” of this Agreement apply to User using Evaluation Template.
• The Author reserves the right to request or terminate Your use of the Evaluation Template at his sole discretion but most likely if you breach this Agreement.

Intellectual Property

The copy of Template provided to You under this Agreement is licensed, not sold, to You by Author. Author reserves all rights not expressly granted. This Agreement does not transfer from Author to You any Author or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Author. Author, Foliodot, foliodot.com, the Foliodot logo, and all other trademarks, service marks, graphics and logos used in connection with Template are trademarks or registered trademarks of Progressivered or Progressivered’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Template may be the trademarks of other third parties. Your use of the Template grants You no right or license to reproduce or otherwise use any Progressivered or third-party trademarks.

Support

Paying the License Fee grants you access to our support service which covers help with setting up Template and guidance on how to use Template as advertised.

Support covers help for features and functionality unique to Template. As much as we like to help you and provide support as good as we can, we cannot assist with general web development and design request or guarantee help with Template customizations.

We reserve the right to refuse or low-prioritize support to particular user at any time if we determine the support policy is being taken advantage of.

Official support if offered for our paying customers via email or other support channels available on https://foliodot.com.

Refund Policy

Due to the nature of digital goods We do not offer refunds. All payments are final.

Evaluation Template available on the https://foliodot.com is downloadable, fully-functional and provided for free, without time limit. Please use the Evaluation Template to make sure that the Template meets your needs before placing an order.

Third Party Source Code

The Template includes code and libraries licensed to us by third parties, including open source code and commercial third party code.

The terms of the open source license will apply, and you will have the rights granted in such licenses to the open source software itself, such as access to source code, and right to make modifications.

You may use commercial third party code only in conjunction with, as part of, and through the Template as provided by Author. You may not install, access, distribute, configure or use any commercial third party code separately or independently of the rest of the Template, whether for production, technical support or any other purposes.

You understand that the applicable open source code licensors and commercial third party code licensors retains all ownership and intellectual property rights to the respective source code.

No Warranty

The template is offered on an "as-is" basis and no warranty, either expressed or implied, is given. the author expressly disclaims all warranties of any kind, whether express 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 Template 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 the software and assume all risks associated with its use.

Termination

You may use the Template under this Agreement until either party terminates this Agreement as set forth in this paragraph. Either party may terminate the Agreement at any time, upon written notice to the other party. Upon termination, all licenses granted to you will terminate, and you will immediately delete Template from Your Website, and cease all future use of the Template. The Sections entitled "No Warranty," "Indemnification," and "Limitation of Liability" will survive any termination of this Agreement.

Modification

The Author may modify the Template and this Agreement with notice to you either in email or by publishing content on the Template website, including but not limited to changing the functionality or appearance of the Template, and such modification will become binding on you unless you terminate this Agreement.

Indemnification

By accepting the Agreement, you agree to indemnify and otherwise hold harmless the Author, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Template or any other matter relating to the Template.

Limitation of Liability

You expressly understand and agree that the author 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 the author has been advised of the possibility of such damages). In no event will the author's total cumulative damages exceed the fees you paid to the author under this agreement in the most recent twelve-month period.

Governing Law

You hereby agrees not to initiate class-action lawsuits against Author in relation to this Agreement and to compensate Author for any legal fees, cost or attorney fees should any claim brought by You against Author be denied, in part or in full.

This Agreement was last modified on March 14th, 2016.

Contact

If you have any questions about these Terms, please contact us: