Domain License Agreement

This license agreement (“Agreement”) is a legal agreement between you (either an individual or an organization known as “Customer”) and Foxy Website LLC of the State of Pennsylvania, USA (hereinafter referred to as “Company”) for the use of a software product named Foxy Effex (hereinafter referred to as “Software”). Foxy Effex is a plugin for the WordPress web platform. Foxy Effex integrates and interacts with a third-party WordPress plugin named Elementor.

If Customer does not agree to the terms of this Agreement, please: (1) do not publish to a live audience any web content produced and generated by the Software, and (2) do not install, copy, redistribute, or use the Software, including any Software updates that Customer receives as part of the Software (each, an “Update”).

By installing, copying, or otherwise using an Update, Customer agrees to be bound by any additional license terms that accompany such Update. If Customer does not agree to the terms of any additional license terms that accompany the Update, disregard the Update and the additional license terms that accompany the Update. In this event, Customer’s rights to use the Software shall continue to be governed by the then-existing Agreement.

Copyright

All rights, title, interests in and to copyrights in the Software including but not limited to any software components, product documentation and associated media, sample files, tools and utilities, and any copies of the Software, are owned exclusively (or licensed) by Company, with the exception of some internal software components that are identified as open-source libraries acquired from third parties (e.g. Three.js, Lottie Player, Facetype.js). Other than those open-source library components, the rest of Software is protected by international copyright laws and treaty provisions. Therefore, you must treat the Software like any other copyrighted material. The Software is licensed, not sold.

The Customer retains full ownership of the intellectual property rights of content they create that uses the Software.

The Company denies any responsibility for content created or owned by the Customer that uses the Software and constitutes an infringement of copyrights as well as other intellectual property rights owned by third parties.

Grant Of License

Customer is granted worldwide, non-transferable, non-exclusive, and perpetual right to:

1. Publicly display web content produced and generated by the Software, including but not limited to graphics, animation, and special effects, to a live audience (“Live Content”) on the Customer’s front-facing WordPress website at a single domain name to which this Agreement specifically and exclusively applies, i.e., a domain name for which the Customer has either paid Company a fee or been granted explicit permission by Company through a promotional offer (hereinafter referred to as “Domain”). The Customer is not allowed to publicly display Live Content on any other domain.

2. Compose and preview web content using the Software within the Elementor editor. Such web content includes, but is not limited to, graphics, animation, and special effects.

3. Install and integrate the Software into Customer’s WordPress installation. Customer may also make copies of the Software for backup and archival purposes as long as their license is not terminated.

Under no circumstances is the Customer allowed to resale, sell, rent, or redistribute the Software.

Limitations

The Customer is not allowed to publicly display Live Content on a domain for which the Customer has not paid Company a fee AND has not been granted explicit permission by Company through a promotional offer.

The Customer shall not distribute the Software to third parties.

Rental, leasing, sale, and any other form of distribution are not allowed and are strictly forbidden. Any distribution of Software by Customer represents a violation of this Agreement and is cause for immediate termination. Violators will be prosecuted to the maximum extent possible.

Under no circumstances does this Agreement allow the Customer to install, deploy, or distribute the Software on a network, server, marketplace, or any other environment where: i) the Customer has clients that pay for having the Software available among the resources the Customer offers to them, or ii) the Customer includes the Software as a package for which the Customer directly or indirectly gets paid, or iii) the Customer receives any payment that, even partially, is related to offering the Software to their clients or any third party.

The Customer is not allowed to distribute, freely give away, or resell their license.

The Customer is not allowed to provide the Software as a service or as a part of a web hosting solution.

The Customer is not allowed to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is explicitly permitted by applicable law notwithstanding this limitation.

The Customer must comply with all applicable laws related to the use of the Software. The Company is not responsible for the content the Customer creates or any violation of law that can be related to any use of the Software.

Warranty

No warranties. The Software 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. The Company does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links, or other items contained within the Software. The Company 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. The Company explicitly disclaims any warranty or representation to the Customer or their clients.

The Company does not guarantee that the Software will function with all third party plugins or with all web browsers. The Company is not responsible for any plugin compatibility conflicts that may occur. The Company is not responsible for any data loss that may occur as a result of installing the Software.

Termination

Without prejudice to any other rights, the Company may terminate this Agreement if the Customer fails to comply with the terms and conditions of this Agreement. In such event, the Customer must destroy all copies of the Software in their possession. By terminating the Agreement, the Company is not liable for any problem the termination may cause to the Customer and the Customer is not entitled to any rights.

Limitation Of Liability

NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Governing Law And Jurisdiction

This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with, the laws of the State of Pennsylvania, USA. Each party irrevocably agrees that the courts of the State of Pennsylvania, USA shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CUSTOMER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CUSTOMER AND COMPANY WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN CUSTOMER AND COMPANY RELATING TO THE SOFTWARE. By installing or otherwise using the Software, the Customer agrees to be bound to this Agreement. This Agreement may not be modified except by a writing signed by a duly authorized representative of the Company.