Typemill CMS is an open-source software released under the MIT License. This agreement pertains to additional plugins and themes, hereinafter referred to as "Software", which are not covered by the MIT License and are provided under this commercial license, hereinafter referred to as the "MAKER License" and the "BUSINESS License".
This End User License Agreement (the "Agreement") regulates the relationship between "You", the licensee, and "We"/"Us"/"Our", the licensor, Sebastian Schürmanns. Purchasing a "MAKER License" or a "BUSINESS License", or downloading and using Software under this license, signifies that you have read, understood, and agreed to be bound by the terms of this Agreement.
By purchasing a "MAKER License" or a "BUSINESS License," you are granted the right to use all Software released under the scope of your chosen license category for one Typemill instance for a period of one year.
- One Typemill Instance: One Typemill instance is defined as a single installation of the Typemill CMS that is accessible with one domain specified during the activation of the License.
- Subscription: The license is subject to an automatic renewal every 12 months, hereinafter referred to as "Subscription", with an automatic payment. You may cancel the subscription at any time before the renewal date to prevent automatic extension. Failure to renew the Subscription will result in the inactivation of the Software released under this license. Inactivation means that all Software released under this license will cease to function and cannot be reactivated. This will not affect the functionality of Typemill CMS or other software not released under this license.
- MAKER License: This category grants you access to all Software released under the "MAKER license" category. It is specifically curated for individuals and side projects, aiming to enhance Typemill with more specialized features.
- BUSINESS License: If you opt for the "BUSINESS license" category, you are entitled to use all Software released under both the "MAKER license" and the "BUSINESS license" categories. This license is tailored for businesses in search of advanced features and functionalities to support their operations.
By agreeing to these terms, you acknowledge that your use of any and all Software provided by Us is bound to the specific license category you have purchased and is limited to one Typemill instance. It is your responsibility to ensure compliance with these terms throughout the duration of your license. Unauthorized use beyond the scope defined in your chosen license category may result in the termination of your license and could lead to legal action.
The following restrictions apply unless prior written approval has been obtained from Us:
- You may not use the Software in any way that violates applicable laws in the jurisdictions where the Software is utilized.
- The redistribution or transfer of the Software, whether under the "BUSINESS license" or "MAKER license," in full or in part, to any third party is generally prohibited. This prohibition includes selling, assigning, licensing, disclosing, distributing, or otherwise making the Software available in any form. However, exceptions can be made for license transfers to a new licensee, which can be facilitated by submitting a transfer request to us. Additionally, if you are creating a website for a client as a freelancer or agency, you are permitted to charge your client for the use of the "BUSINESS license" or "MAKER license."
- All copyright and proprietary notices and logos in the user interface and within the Software files must remain intact and unaltered.
You are permitted to modify, adapt, or enhance the licensed Software to suit your personal or business needs. You may also engage a third-party service to make these modifications on your behalf. However, the resale, redistribution, or any form of transfer of the modified or derivative versions of the Software is strictly prohibited without obtaining prior written consent from Us. Additionally, incorporating any components of the Software into other software programs is not allowed unless you have received explicit written permission from Us.
You are authorized to create backup copies of the licensed Software, ensuring that these copies are exact replicas of the original Software, inclusive of all proprietary notices. This authorization is granted to facilitate data preservation and security. Additionally, you are permitted to make copies of the Software as necessary for the deployment of your website or during the process of contributing to the Software's code, provided that such copying is directly related to these legitimate activities.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
Technical support is accessible exclusively through email for individuals possessing an active license. Please direct all support inquiries to email@example.com. While we make no formal promises or guarantees about the speed of response to support queries, we are committed to providing assistance as promptly as possible.
We offer refunds on Software within 14 days of purchase. Contact firstname.lastname@example.org for assistance.
The Licensee agrees to indemnify and hold Us harmless from any claims, damages, losses, and expenses (including reasonable attorneys' fees) resulting from the Licensee's use of the Software or breach of this Agreement. This duty to indemnify will continue even after the Agreement ends or the use of the Software ceases.
We have the right to take over the defense of any claim requiring indemnification by the Licensee, with the Licensee providing necessary cooperation.
Disclaimer of Warranty
THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, ANY PLUGINS, THEMES, DOCUMENTATION, OR OTHER CONTENT PROVIDED WITH THE SOFTWARE) IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO ANY PERSON FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY EUROS (€50) OR (B) AMOUNTS YOU HAVE PAID US IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of this Agreement shall remain in full force and effect. § Section 139 of the German Civil Code (partial invalidity) is expressly waived.