Effective for purchases made after November 7, 2010. For purchases made prior, see the previous EULA.
This End User License Agreement (EULA) is entered into by you and Matthew Campagna, Inc. D/B/A The Turning Gate (collectively “TTG”). By installing any purchased or downloaded web engine, plugin or template from The Turning Gate, You, the user, agree to the terms of this EULA as follows:
1) Terms. For web engines purchased, you will receive a link via email by which to download your software. This link will remain valid indefinitely. When product updates are released, notification will be sent to your email address containing download instructions for the updates. Customers are entitled to all product updates within a whole versioning number. If you have trouble receiving your download link after purchase, please ensure a) that your payment has cleared with PayPal, and b) that messages are not being caught in your spam filter.
Please backup your purchase(s). The Turning Gate will not be responsible for replacing any software lost due to negligence or drive failure.
2) License. TTG grants you the non-exclusive, non-transferable license to use purchased or downloaded web engines, plugins and templates subject to the terms and restrictions contained herein.
Your usage of downloaded TTG web engines is unrestricted by time or number of exports. Subscription limitations only apply to the download of product updates, as stated in Terms above. You are free to install and use TTG web engines on up to two computers in your household or place of business. These computers must be owned and operated by you, and not a third party. To install TTG web engines on a number of computers exceeding two, additional licenses should be purchased. Exported galleries and other assets may be published on any domain for which you are the owner. For publishing galleries and assets on additional sites not owned by you, a new purchase is required by or on the behalf of the domain owner.
You are not licensed to make any attempt to reverse-engineer, redistribute, copy, clone, modify or alter in any way the licensed software without the specific approval of TTG, except where otherwise specified in the product documentation, or in tutorials published by The Turning Gate.
You are permitted to make alternations as necessary or desired to exported HTML pages, CSS stylesheets and image files only.
3) Warranties and Liability. TTG engines, plugins and templates are provided “as is”. You agree to hold TTG and its employees, agents, representatives, contractors, officers, directors, partners, principals, heirs, successors and assigns (collectively, its “affiliates”) harmless for any damages that may occur due to use, or inability to use, TTG software. TTG does not warrant that the functions contained in the software will meet any requirements or needs that you may have, that the software will operate error free, or that defects in the software can always be corrected. In the event of a software malfunction, your exclusive remedy and TTG’s sole obligation, at TTG’s sole discretion, shall be to correct the defect in the software, if possible, or refund the purchase price that you paid for the software. Your use of the software is at your own risk. To the maximum extent permitted by applicable law, TTG disclaims all warranties of any kind, expressed or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. To the extent allowed by law, you agree that in no event will TTG or its affiliates be liable to you or any third party for any incidental or consequential damages (including without limitation, special, punitive or exemplary damages, loss of profits, or loss of business) arising out of the use or inability to use the software. In no case shall TTG’s or its affiliates’ liability for damages exceed the amount that you have paid for the license to use the software. Proper or improper use of TTG software remains the sole responsibility of the purchaser, and not TTG or its affiliates.
4) Law. TTG owns all right, title and interest, in any capacity and of any nature, to its software, including without limitation, U.S. and worldwide copyrights, and copyright registrations and renewals. You have a license to use the software, but no ownership interest, title or other intellectual property rights of TTG software are transferred to you. TTG retains and reserves all rights not expressly granted by this license.
Where noted, TTG web engines, plugins or templates may include works by additional third-party authors. Such works are redistributed by TTG in accordance with their respective license agreements, or with permission of the author. In such cases, the user shall be expected to comply with both the terms and restrictions contained herein, as well as the terms and restrictions of the third-party software’s license agreement.
TTG web engines, plugins and templates are intended for use as creative tools. Any assets or content utilized by, but not distributed as part of any TTG software, such as images, text and logos belonging to the user, remain the sole property and responsibility of the user.
When conducting e-commerce and/or otherwise engaging in commercial transactions over the Internet involving physical or intangible goods, it is important to ensure that you are doing so in accordance with local and international municipal, state, and federal commerce regulations and taxation laws. You are solely responsible for determining, collecting, withholding, reporting and for the payment of any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding, income, and other taxes and/or duties assessed, incurred, or required to be collected, paid, or withheld for any reason (“Taxes”) in connection with commercial transactions between you and any third party using the software, or any feature or function thereof, including the cart (collectively, the “software”). You may wish to consult with your local taxing authorities, Chamber of Commerce and/or an accountant to determine what you — as a seller of goods and services — need to do to ensure compliance with applicable laws relating to Taxes. Your use of the software implies your acceptance and understanding of these matters, and a willingness to accept the full consequences of your actions. Neither TTG nor its affiliates will be held responsible for matters relating to Taxes due on commercial transactions between you and any third party, including, but not limited to (a) Incorrect prices that may cause loss to a business; (b) Incorrect configuration that may cause legal implications for a particular jurisdiction; or © Incorrect configuration or payment of local, state or federal taxes. You agree to indemnify and hold TTG and its affiliates harmless from any and all liability relating to Taxes or other financial responsibilities arising from commercial transactions between you and any third parties using the software.
This EULA shall be construed, interpreted and governed by the laws of the State of California without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this EULA shall be an appropriate federal or state court sitting in Los Angeles County, State of California, USA. If any part of this EULA is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this EULA shall be interpreted so as to render the EULA enforceable to the greatest extent possible.