END-USER LICENSE AGREEMENT FOR PROOFPRESS

NOTICE TO USER:

PLEASE READ THE TERMS AND CONDITIONS OF THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH INSTALLATION OF PROOFPRESS. BY BUYING, OPENING THE ZIP FILE, COPYING, INSTALLING OR USING ANY PORTION OF PROOFPRESS, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED PROOFPRESS ON WHOSE BEHALF IT WAS USED. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE PROOFPRESS.

This End-User License Agreement (the “EULA”) is a legal agreement between you (either an individual or an entity) and Zilman Media Ltd. (“Zilman”) for ProofPress which includes associated software components, media, printed materials, and “online” or electronic documentation (collectively referred to as “ProofPress”).

1. GRANT OF LICENSE.

Zilman Media Ltd. grants you a non-exclusive license to download, install, and use ProofPress consistent with the express terms and conditions of the EULA.

The parties acknowledge that some aspects of source code that is licensed under the GNU General Public License, Version 2 (the “GPL”) has been incorporated into files that are part of ProofPress. You acknowledge that Zilman has complied in all respects with the terms and conditions of the GPL, including but not limited to providing you with machine/readable source code of ProofPress. As a condition of your acceptance of the EULA, you further acknowledge: ProofPress is a separate and independent work from any program governed by the GPL; Zilman has a copyrightable interest in ProofPress; it is not a derivative work of any program or work under the GPL; and ProofPress is not otherwise subject to the terms and conditions of the GPL.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

(a) Automatic upgrades. Automatic Upgrades are available to customers who have purchased a support license in accordance with the license they have purchased. The ProofPress license  provides automatic upgrades for a single site. You may not resell access to your support license key. Upgrades are provided for a term of 1 year from the time of purchase. After 1 year an upgrade license will need to be purchased in order to continue receiving support and product upgrades.

(a) Footer credit links. Except as otherwise provided, you shall not remove or alter any footer credit links on your installation or use of ProofPress. Removal or altering of the footer credit links will void all customer support, future upgrades, and may constitute a material breach of this EULA.

(b) Unauthorised Use. You shall not modify, copy, duplicate, make derivative works, distribute, sell, rent, lease, lend, assign, convey, license, or sublicense ProofPress or any of its individual files or authorise any portion of ProofPress to be copied onto another individual or entity computer except as is expressly permitted under this EULA.

© Prohibition on Reverse Engineering, Decompilation, and Disassembly. You shall not reverse engineer, decompile, or disassemble ProofPress, except and only to the extent that such activity is expressly permitted by tutorials and documentation for ProofPress as found on the website: http://www.proof-press.com/

(d) Compliance with Applicable Laws. You agree to comply with all applicable laws regarding use of ProofPress.

3. DELIVERY

After we have successfully processed your payment, you will receive an email with the download link and support license key. This may take up to 1 hour to arrive, but usually happens within minutes of placing the order. If you do not receive an email after this time period, please contact us. You may then login to the ProofPress Support Portal to receive support, if you use the email address you used to purchase the plugin you will have instant access to all support related material.

4. INTELLECTUAL PROPERTY

All title, including but not limited to copyrights, in and to ProofPress and any copies thereof are owned by Zilman. All title and intellectual property rights in and to the content which may be accessed through use of ProofPress is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Except as otherwise provided, this EULA grants you no rights to use such content. All rights not expressly granted are reserved by Zilman Media Ltd.

5. SITE CONTENT

All site content, including imagery and documentation that is published on www.proof-press.com is the property of Zilman Media Ltd and/or respective authors. Any replicated site content must be authorised in advance. Content from this site shall not be used or exploited for commercial or non-commercial purposes without the prior written consent of Zilman Media Ltd.

6. REFUND POLICY

As we are offering non-tangible digital goods, we do not generally issue refunds after the purchase has been made. We will be happy to consider a refund within the first 30 days of your purchase if you are unable to get the plugin to install properly on your website or if the plugin fails to perform the basic functions as designed and you have worked with our support team to try to resolve these issues. Refunds will be granted at the sole discretion of Zilman Media Ltd. Refunds do not apply to product upgrades or annual renewals. No refunds will be given after 30 days from the initial purchase. Please note that by purchasing the plugin, you agree to the terms of the Refund Policy.

7. SUPPORT

Zilman Media Ltd offers WordPress plugins “as is” and with no implied meaning that they will function exactly as you would like or will be compatible with all 3rd party components and plugins. We do not offer support via email or otherwise support WordPress or other WordPress plugins we have not developed.

Support is offered via a support license key. Purchasing a support license key gives you access to our support forums and documentation.

Support and automatic product updates are provided for a term of 1 year from the time of purchase. After 1 year a license upgrade will need to be purchased in order to continue receiving support and product updates.

License holders cannot distribute, freely giveaway, or resell their license key. The license key is only transferable by contacting us and requesting an official transfer of the license to a new owner. The license is intended to be used on the license holders web site(s). Client site usage is permitted in situations where the license holder maintains an ongoing relationship with the client as a consultant. Only the license holder is permitted to request support or access support resources.

License holders are not permitted to re-post support forum content or documentation on any external websites, social media outlets, etc. Posting screen captures of this content is also prohibited. Violation will be grounds for immediate termination of the support license and all access to support content and product updates will be discontinued.

8. TRANSACTIONAL EMAILS

Zilman Media Ltd may on occasion send you email notifications related to your ProofPress license. These transactional emails may include notification of licensing changes, changes to our terms and conditions, license expiration notices and other transactional emails related to your purchase of ProofPress.

9. PRICE CHANGES

Zilman Media Ltd reserves the right, at any time, to modify or discontinue, temporarily or permanently, a support license with or without notice. Prices of all products are subject to change. Notice of price changes will be made on the site.

10. NO WARRANTIES

ZILMAN EXPRESSLY DISCLAIMS ANY WARRANTIES FOR PROOFPRESS. PROOFPRESS IS PROVIDED AS IS, WITHOUT FAULTS OF ANY KIND, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY THAT EXIST BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY MATTER, INCLUDING, BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OR THIRD PARTY RIGHTS, INTEGRATION, MERCHANTIBILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY OR FITNESS OR A PARTICULAR PURPOSE. ZILMAN DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN PROOFPRESS. ZILMAN MEDIA LTD FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO YOU OR TO ANY THIRD PARTY. THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE THE TERMINATION OF THE EULA, BUT THIS WILL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE PROOFPRESS AFTER TERMINATION OF THE EULA.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL ZILMAN BE LIABLE FOR ANY LOSS, CLAIM, DAMAGES, OR COST (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, OR LOST INFORMATION) ARISING OUT OR RELATED TO OF THE USE OF OR INABILITY TO USE PROOFPRESS, EVEN IF ZILMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ZILMAN BE LIABLE FOR LOSS OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), OR OTHER DAMAGES BASED IN CONTRACT, TORT OR OTHERWISE. ZILMAN SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF PROOFPRESS OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION. THE FOREGOING EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ZILMAN’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THE EULA WILL BE LIMITED TO THE AMOUNT PAID FOR PROOFPRESS, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OF THIS EULA.

12. INDEMNIFICATION.

You agree to indemnify, hold harmless and defend Zilman Media Ltd, its shareholders, directors, officers, employees, and agents from and against any loss, damage, claims or lawsuits, including reasonable attorneys fees and costs that arise or result from the use of ProofPress.

13. TERMINATION

Zilman may terminate this EULA at its sole discretion if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of ProofPress in your possession.

14. ACCEPTANCE

By purchasing our product(s) you indicate that you have read and agree the Terms & Conditions detailed on this page.

We reserve the right to change or modify the current Terms and Conditions with no prior notice.