Elegant Calendar Digital Goods License Agreement
This Digital Goods End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and The Elegant Calendar. (“Company”). This Agreement governs your use of all digital goods obtained from Elegant Calendar. All such goods are licensed, not sold, to you.
BY PURCHASING DIGITAL GOODS FROM THE COMPANY, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT AND THAT YOU ACCEPT THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. YOU ALSO AGREE AND WARRANT THAT WHERE THE DIGITAL GOODS ARE INSTALLED ON ANY CLIENT OR CUSTOMER WEBSITE, THE CLIENT OR CUSTOMER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THEY ARE BOUND BY THE TERMS OF THIS AGREEMENT UPON PERMITTING THE USE OF THE DIGITAL GOODS ON THEIR SITE AND THAT THE GOODS MAY ONLY BE INSTALLED AND USED SUBJECT TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE DIGITAL GOODS AND DELETE THEM IMMEDIATELY.
Subject to the terms of this Agreement, Company grants you a limited, non-exclusive and non-transferable license to receive upgrades and support for your own use on a number of websites equal to the number of website installation licenses purchased, owned or otherwise controlled by you, subject to the limitations set forth herein.
All digital goods provided under this License Grant are released under the GNU Public License, Version 2.0. Go create something beautiful and share it with us!
All content, imagery and media on the Company websites related to the digital goods, as well as any related properties, are copyrighted by Elegant Calendar. or are licensed through a third party. All rights are reserved.
All license key(s) provided for the Digital Goods is confidential. Licensee agrees to maintain this confidentiality and shall immediately notify Licensor in the event the confidentiality is breached. Posting the license key publically on the internet, including but not limited to the Company support help desk, may result in termination of this Agreement by Company.
Reservation of Rights
You acknowledge and agree that the digital goods are provided under license, and not sold, to you. You do not acquire any ownership interest in the digital goods under this Agreement, or any other rights thereto other than to use them in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company shall retain its entire right, title and interest in and to any owned portions of the digital goods, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. All other portions of the digital goods, including source code, are provided pursuant to the GNU Public License, Version 2.0.
The Company offers refunds within 30 days of purchase. If you elect to take advantage of this Refund Policy and purchased via a credit card, you can expect to receive a refund within approximately 20 days of the date your refund is requested. Refunds may be requested at https://elegantcalendar.com/document/policies/refund-policy/
For your security, we do not store your credit card or payment information on our site. The Events Calendar. uses third party payment processors, including but not limited to PayPal, to handle all product financial transactions. After your purchase has been completed and payment has been received you will be granted access to your product downloads and your support account.
Product subscriptions are automatically processed each year on the anniversary date of your original purchase (unless extended by our Support Team). Subscription information can be viewed at any time.
Pricing & Product Changes
The Company reserves the right to modify or discontinue, temporarily or permanently, any product and any support license type without notice. Pricing and renewal discounts of all products are subject to change, in the Company’s sole discretion. Notice of price and discount changes will be published on the then-applicable purchase site or within your License Keys section for renewals.
The Company may from time to time in its sole discretion develop and provide updates to the digital goods, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Term and Termination
- The term of Agreement commences when you download the digital goods and will continue in effect until terminated by you or Company as set forth under this Agreement.
- You may terminate this Agreement by deleting the digital and all copies thereof from your devices. However, refunds are only available within the time period set forth in the Refund Policy.
- The Company may terminate your access to all or any part of the website, support and future downloads at any time, with or without cause, with or without notice. If such termination occurs more than 30 days from your purchase date, you are not entitled to a refund of your purchase price.
- The Company may also terminate this Agreement at any time, without notice if it ceases to support the Application, which Company may do in its sole discretion or for any other reason. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
- Upon termination, all rights granted to you under this Agreement will also terminate.
- Termination will not limit any of Company’s rights or remedies at law or in equity.
- All provisions of this agreement, which by their nature could survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
THE DIGITAL GOODS ARE PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, 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. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE DIGITAL GOODS 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.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE DIGITAL GOODS:
- Personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction or any other consequential, incidental, indirect, exemplary, special or punitive damages; and/or
- direct damages in amounts that in the aggregate exceed the amount actually paid by you for the application.
- The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence) or otherwise and regardless of whether such damages were foreseeable or company was advised of the possibility of such damages.
Use of Digital Goods
End User, by accepting these Digital Goods License Agreement, represents and warrants that they will only use the Digital Goods in strict compliance with the terms of this Agreement and all applicable laws, regardless of jurisdiction. Applicable laws which End User represents that they will strictly comply with include, but are not limited to the following statutes: the Copyright Act, as amended, and the Digital Millennium Copyright Act, as amended. In the event it is alleged that your use of the Digital Goods in any way violates any applicable law, regulation or agreement, you agree to immediately notify the Company and provide all information regarding the alleged violation.
After your payment has been processed successfully, you will receive an email with your order details and other purchase information. Your license key will be made available in your account area along with your downloadable items. You can download purchased products by logging into the account created for you when purchasing the product and clicking on the appropriate link.
If you did not receive an email containing mentioned information, you can take a look at the purchase history in your account on Elegant Calendar store.
Access to re-download purchased files will be granted so long as your license key is valid. If a license key expires, download access to the associated files will be discontinued until such time as the license key is renewed.
We, at Elegant Calendar, stand by our products and believe that they are the best possible solutions we deliver. However, if you faced any issues or incompatibilities, you can open up a ticket at our support center and we will help you to resolve your issue. Dedicated support is promised to only those who possess an active license. Free copies and expired licenses are not liable for free support. You will have to purchase a licensed copy or renew an expired license in order to be able to get help from our developers.
All the content, images, videos, products used on this website including documentation are a property of Elegant Calendar. Although you can refer to everything on this website, you cannot claim our content or products without a consent from us.
Elegant Calendar may send you occasional emails to share some recent updates about our company and products. They’ll often contain information about recent updates, templates, freebies, promotions and more. You can opt out of our email newsletters anytime.
You are responsible for maintaining the security of your account and purchase, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You are responsible for notifying the Company of any unauthorized uses of your account or any other breaches of security. The Company is not liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Changes To The Service or Terms
Elegant Calendar reserves the right at any time to (i) change any information, specifications, features or functions of the Site, Services or Software, including any Trial, (ii) suspend or discontinue, temporarily or permanently, any or all of the Services or any Trial, including the availability of any feature, database or content, or (iii) impose limits on certain features and Services or restrict access to parts or all of the Services, including any Trial, In each case with or without prior notice and without any liability to you or any third party.
Elegant Calendar will use its commercially reasonable efforts to notify you of changes to the Services and/or Products that, in Elegant Calendar’s reasonable opinion, have the effect of materially and adversely diminishing the functionality of the Services and/or Products.
Elegant Calendar may update or revise this Agreement from time to time. If Elegant Calendar updates or revises this Agreement, Elegant Calendar will notify you either by email to your most recently provided email address, by posting the updated or revised Terms of Service and End User License Agreement on the Site or by any other manner chosen by Elegant Calendar in its commercially reasonable discretion. Your use of the Site, Services or Software following any such update or revision constitutes your agreement to be bound by and comply with this Agreement as updated or revised. You can view the most current Terms of Service and End User License Agreement on our website. It is your responsibility to review the Terms of Service and End User License Agreement periodically.