This License Agreement governs the terms by which members and clients of Digital Square SPRL obtain the right to use HTML Templates and Other Media Document, provided by Digital Square SPRL (here after referred as “FreeHTML5”, “FreeHTML5.co”, “Digital Square”, “we”, “our” or “us”) through the web site located at https://freehtml5.co (the “Site”).
PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING THE WEB TEMPLATES YOU AGREE TO THE FOLLOWING:
The original purchaser is granted an ongoing non-exclusive non-transferable license to use the Web Templates in any legal way you wish for commercial or personal purposes. The Web Templates and materials may not be used for any illegal purpose or to promote or advance any illegal or criminal activity. You agree that:
- You cannot claim exclusive ownership of any of our Web Templates, free or premium, modified or unmodified. All of the website templates, associated designs, page templates and subpages belong to and are copyright of FreeHTML5 Templates and their owner(s).
- You are not permitted to place any of our Web Templates either modified or unmodified, on a diskette, CD, website or any other medium for distribution, re-distribution, rent, lease, sale or resale.
- You cannot rent, lease, sell or offer our templates for sale. This also includes offering our Web Templates as part of a product package. You can sell your services but not our Web Templates.
- All Web Templates found on FreeHTML5.co come “as is” without any kind of warranty. In no event shall FreeHTML5 be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our Web Templates.
LICENSE TERMS AND CONDITIONS
If you are a web developer/designer you are allowed to use the Web Templates to create products for your clients/customers. You may use the Web Templates repeatedly on an unlimited number of projects. You are permitted to charge clients for products you create with the Web Templates. Under these circumstances your client is granted an ongoing non-exclusive non-transferable license to use the work you create with the Web Templates. You are not allowed to resell the Web Templates “as is”.
If you are a web developer/designer you agree you are completely responsible for the items you create with the Web Templates. In no event or circumstance shall the authors or copyright holders FreeHTML5 and its owners, employees and managers – be liable in any way for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the Web Templates or the use or other dealings in the web templates/software.
By Using The Web Templates Or The Materials That Come With The Web Templates You Agree That The Software Is Provided “As Is”, Without Warranty Of Any Kind Express Or Implied, Including But Not Limited To The Warranties Of Merchantability, Fitness For A Particular Purpose And Non-infringement.
By using the Web Templates or the materials that come with the Web Templates you agree that in no event or circumstance shall the authors or copyright holders FreeHTML5 and its owners, employees and managers – be liable in anyway for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the Web Templates or the use or other dealings in the Web Templates.
There is no warranty of any kind, express or implied, that Google, Bing or other search engines or directories will rank a website or individual web page created with the Web Templates at any specific place or spot for any search term or phrase in their search results. Search engine ranking depend on the criteria and algorithms of the search engine, your unique content, the content other websites ranking for a particular term among other factors.
In no event shall FreeHTML5 or any of its affiliates or content providers or their respective directors, officers, employees, shareholders, partners or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) 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 content, 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 rights or otherwise. No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than two (2) years after the cause of action first arose.
This Agreement is in full effect and until it is terminated and does not automatically terminate upon the expiration of your subscription with FreeHTML5. You may terminate this Agreement by destroying the Web Template and any derivative work, along with any copies or archives of it, and ceasing to use the Web Template for any purpose. The Agreement shall also automatically terminate without notice by FreeHTML5 in the event you fail to comply with any of the terms and conditions of this Agreement (including payment cancelation). Upon termination, all rights and licenses granted to you and any users by FreeHTML5 under this Agreement will terminate and you must immediately
- cease using the Web Template and any derivative works for any purpose,
- destroy or delete all copies and archives of the Template, derivative works , or accompanying materials, and
- if requested, confirm to us in writing that you have complied with these requirements.
FreeHTML5’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
This Agreement is personal to you and is not assignable by you without FreeHTML5’s prior written consent. FreeHTML5 may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.
You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed and agree to the FreeHTML5 Terms of Service available at https://freehtml5.co/terms/, which are incorporated into this Agreement. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be deemed as a waiver of any provision or right. You may not assign this Agreement without our prior, written consent. If all or part of this Agreement is held to be illegal or unenforceable, then such provision shall be deemed to be restated so as to be enforceable to the maximum extent permissible under the law and the remainder of this Agreement shall remain in full force and effect. You should check the Website prior to each download of a Web Template to make sure you have the latest version of this Agreement. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you or of your use of the Web Template or derivative work pursuant to this Agreement. The parties agree that this English version of this Agreement is the original version and only binding interpretation of the Agreement between the parties. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be courts located in Belgium, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a trial by jury in any proceeding arising out of or related to this Agreement.
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 Web Template, 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 FreeHTML5, which supersedes any proposal or prior agreement and any other communication between you and FreeHTML5 relating to the subject matter of this Agreement.