Thumbnail Editor PRO Plugin for WordPress Software License
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE BUYING, INSTALLING OR USING THE SOFTWARE.
End-User License Agreement ("EULA") is a legal agreement between you, as either an individual or a single entity, ("You") and aviplugins.com for the Thumbnail Editor PRO Plugin for WordPress software and services, as described on this website (aviplugins.com). This license agreement represents the entire agreement concerning Thumbnail Editor PRO, between You and aviplugins.com, and it supersedes any prior proposal, representation, or understanding between the parties. If You do not agree to the terms of this, do not install or use Thumbnail Editor PRO. aviplugins.com has the right to modify this agreement at any time and at its sole discretion, without prior notice or communication. By installing or otherwise using Thumbnail Editor PRO You agree to be bound to the latest EULA available at this url: https://www.aviplugins.com/thumbnail-editor-pro/license.php
Thumbnail Editor PRO is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. GRANT AND TYPE OF LICENSE.
1.1. Grant of License.
Thumbnail Editor PRO grants You a non-exclusive, non-transferable license to install and use Thumbnail Editor PRO subject to all the terms and conditions set forth here within.
You may also make copies of Thumbnail Editor PRO as may be necessary for backup and archival purposes as long as your license is not terminated.
1.2. Type of License.
Depending on the type of license, You may be allowed to install and use Thumbnail Editor PRO on one or more sites. In all cases, each and every site You are granted to use Thumbnail Editor PRO on, must be either owned by You or You may be legally authorized to represent the owner of the site(s), for example, You are an employee of the company who owns the site(s).
There is only one type of licenses:
Single Site License: this license gives You the right to install and use Thumbnail Editor PRO only on one (1) site. If you want to use Thumbnail Editor PRO in other sites then you have to purchase it again.
2. RIGHTS AND LIMITATIONS.
2.1. Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of Thumbnail Editor PRO.
2.2. Distribution, Rental or Sale.
You shall not distribute Thumbnail Editor PRO to third parties.
Rental, leasing, sale and any other form of distribution are not allowed and are strictly forbidden.
Any distribution of Thumbnail Editor PRO represents a violation of this EULA and is cause of immediate termination. Violators will be prosecuted to the maximum extent possible.
Under no circumstances, any of the license above by itself, allows you to install Thumbnail Editor PRO on a network, server or any other environment where: i) You have customers either paying for having Thumbnail Editor PRO available among the resources You offer to them, or ii) You include Thumbnail Editor PRO as a package for which you, directly or indirectly, get paid for, or iii) You receive any payment that, even partially, is related to offering Thumbnail Editor PRO to your customers or any third-party. To be allowed to use Thumbnail Editor PRO in in any of the above cases, You shall have a signed agreement from aviplugins.com.
2.3. Support Services.
Any supplemental service, such as, software code, written, digital or verbal communication that may be provided to You by aviplugins.com shall be considered part of aviplugins.com and subject to the terms and conditions of this EULA. Furthermore, such supplemental services are given to You at best of our knowledge and possibilities, and, under no circumstances, aviplugins.com is responsible for any consequence that may arise from any failure or delay in assisting you, resolving your problems or providing any post-sale service.
Only the license holder is permitted to request support or access support resources.
2.4. Other limitations.
You cannot distribute, freely giveaway, or resell your license. The license 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 your web site(s). Client site usage is permitted in situations where You maintain an ongoing relationship with the client as a consultant.
Providing Thumbnail Editor PRO a service or providing Thumbnail Editor PRO as part of a web hosting solution does not constitute an ongoing client/consultant relationship under these terms.
You 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.
You may not reverse engineer, decompile, or disassemble Thumbnail Editor PRO, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
2.5 Compliance with Applicable Laws.
You must comply with all applicable laws related to the use of Thumbnail Editor PRO. aviplugins.com is not responsible for the content You create or anything that can be related to your usage of Thumbnail Editor PRO.
All title, including but not limited to copyrights, in and to Thumbnail Editor PRO and any copies thereof are owned by aviplugins.com or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of Thumbnail Editor PRO is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. All rights not expressly granted are reserved by aviplugins.com .
aviplugins.com expressly disclaims any warranty for Thumbnail Editor PRO. Thumbnail Editor PRO is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. aviplugins.com does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within Thumbnail Editor PRO. aviplugins.com makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. aviplugins.com further expressly disclaims any warranty or representation to You or to any third party.
Thumbnail Editor PRO is guaranteed to function on a clean installation of WordPress 3.5+. We do not guarantee it will function with all 3rd party plugins or with all web browsers. We are not responsible for any plugin compatibility conflicts that may occur. It is our policy to support our plugins as best we can and we will provide support for 3rd party plugin conflicts at our discretion. We are not responsible for any data loss that may occur as a result of installing Thumbnail Editor PRO.
5. REFUND POLICY
Since we are offering non-tangible DIGITAL GOODS, which are also immediately available for download upon successful payment, we do not issue any refund after the purchase has been made.
However, within the first 10 days of your purchase, if you experience an issue, we can consider a refund request if, and only if, after working with our support team, providing any information that may help us to identify, reproduce and possibly fix the issue, Thumbnail Editor PRO, at its sole discretion, confirms that all the following conditions are met:
The nature of the issue is TECHNICAL. In particular, any issue, including, but not limited to, subjective complaints, opinions, user experience, difficulties or inability to use Thumbnail Editor PRO, is not a technical issue;
The technical issue prevents You from using the main functionalities of Thumbnail Editor PRO;
You tried the Free version (available at https://wordpress.org/plugins/thumbnail-editor/) and the technical issue is not occurring in the Free version but only in the Thumbnail Editor PRO;
The issue is caused by Thumbnail Editor PRO and not external components of your software environment in which you use Thumbnail Editor PRO.
If any of the above conditions is not met, no refund can be given. In addition, any refusal or failure to provide precise and detailed information about the issue, to help the Thumbnail Editor PRO support team to understand, reproduce and identify the issue in order to provide a fix, is ground for the refund request to be rejected with no further appeal.
In cases where Thumbnail Editor PRO, at its sole discretion, agrees to grant You a refund, You shall provide the following information:
A 'Letter of Destruction', which is a legally binding (electronic) document between aviplugins.com and you, certifying the assurance by You to aviplugins.com of the permanent removal of Thumbnail Editor PRO from each and every computer, devices or any other physical or virtual storage area, and certifying that You have not violated this EULA (by illegally distributing or reverse engineering the product) and You guarantee the discontinuation of the usage of Thumbnail Editor PRO. A copy of the Letter of Destruction, with your readable signature, must be emailed at email@example.com.
An (electronic) copy of the notification email that PayPal sent You upon successfully completing your purchase.
Your delay, failure or refusal to provide the above information causes the refund request to be denied. Refunds do not apply to product or license upgrades.
Please note that by purchasing Thumbnail Editor PRO, You agree to the terms of the Refund Policy.
Without prejudice to any other rights, aviplugins.com may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of Thumbnail Editor PRO in your possession. By terminating the EULA, aviplugins.com is not liable for any problem the termination may cause to You and you're not entitled to any rights. aviplugins.com gives You the right to explain your reasons in case You believe there's no ground for termination, but aviplugins.com may simply disregard your reasons and decides at its own discretion.
In cases where a refund is issued, all licenses You may have to use Thumbnail Editor PRO will be immediately terminated, and any further use of the software will be an infringement of copyrights as well as other intellectual property rights.
7. LIMITATION OF LIABILITY
In no event shall aviplugins.com be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of the use of or inability to use Thumbnail Editor PRO, even if aviplugins.com has been advised of the possibility of such damages. In no event will aviplugins.com be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. aviplugins.com shall have no liability with respect to the content of Thumbnail Editor PRO 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.
8. OTHER RIGHTS
aviplugins.com reserves the right, at any time, to modify or discontinue, temporarily or permanently, a license with or without notice. Prices of all products are subject to change. Notice of price changes will be made on the site.
We reserve the right to change or modify this EULA with no prior notice.
Should You have any questions concerning this EULA, or if You desire to contact aviplugins.com, please email us at firstname.lastname@example.org.