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Web Template License Agreement / Terms of Use

Please be aware that we have two main types of website templates on our website: Linkware and LinkFree templates.

  • Linkware templates allow you to purchase our templates at a 50% discount.
  • LinkFree templates cost more but you don' t have to link back to Hoover Web Design.

For those wanting to get a 50% discount on their template purchases, it is required that you provide a text hyperlink to www.hooverwebdesign.com on the home page of the website template. You must also disclose the url that the linkware web template will be used on (for record keeping purposes). The text hyperlink should be as follows: "Website Template by Hoover Web Design" with Hoover Web Design being clickable to www.hooverwebdesign.com. Web Designers purchasing website templates for clients, who opt to purchase a Linkware template must advise their clients about the terms of the Linkware License Agreement.

If you wish to remove the hyperlink to www.hooverwebdesign.com, you have the option of paying a Link Removal Fee. You can do this at any time. This Fee is shown on the Template Detail Page. By violating linking terms you fully understand you are committing copyright infringement, and are in breach of contract. Violators will be subjected to a $10,000 federal fine for copyright infringement. Hoover Web Design will pursue any offender to the full extent allowable by law.

Definitions:

  • "Hoover Web Design" is the sole owner of the copyright and all other rights to the website templates found on www.hooverwebdesign.com.
  • "Software Product" is all files included with the website template distribution archive.
  • The "Licensee" is the individual who downloads or receives the website template.
  • "License Fees" are monies paid from the Licensee to Hoover Web Design for the right to invoke this License Agreement for a specific implementation of the website template.

Application of License:

By downloading and using one of Hoover Web Design's Software Products or installing the Software Product on any machine you are legally bound by the terms of this License Agreement.

Any material downloaded or otherwise obtained through the use of the website and service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Permitted Uses:

  • Provided that any required License Fees have been paid, this License Agreement allows the Licensee to download the Software Product for the purpose of installing the Software Product on the Licensee's website.
  • The Licensee may install the Software Product onto a single website.
  • The Licensee may also retain one copy of the distribution file of the Software Product for archival purposes, provided that this archive is not redistributed in any manner.

Restrictions:

  • Due to the digital nature of the Software Product, there will be no refunds after you have downloaded the Software Product. ALL SALES ARE FINAL.
  • The Software Product may not be resold (this includes being displayed in a website builder as a template for sale or displayed on a web site design as a web site for sale), offered for free, given away or redistributed in any manner whatsoever, this includes disassembling the web template in order to use or sell parts of it..
  • Our templates may not be resold
  • Purchasing a Software Product License allows you to place the Software Product on one (1) single web site. If you want to put the Software Product on an additional web site, you must purchase an additional License or you will violate the License Agreement.
  • You absolutely may not sub-license, assign, or transfer this License to anyone else without prior written consent.
  • You may not claim intellectual or exclusive ownership to the Software Product, modified or unmodified.
  • You man not use any portion of the Software Product in any other application or redistribute the Software Product under the same or another name.

Disclaimer of Warranty:

The Software Product is provided on an "as is" basis without warranty of any kind -- either expressed or implied -- including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Hoover Web Design does not warrant the performance of the software or that the software will meet your requirements or operate error free.

Title and Copyright:

The Software Product remains the property of Hoover Web Design. The Software Product is licensed, and not sold. By paying License Fees, the Licensee is granted the right to use the Software Product as described in this License Agreement, but the Licensee does not assume any rights of ownership or other rights in and to the Software Product.

Consequences of License Violations:

Should the Licensee use unlicensed copies of the Software Product without the expressed written consent of Hoover Web Design, the Licensee is in violation of this License Agreement. If the Licensee was using any portions of the Software Product which ordinarily require the payment of License Fees, the Licensee agrees to pay to Hoover Web Design the License Fees necessary to license the unlicensed implementation according to the schedule of License Fees available at the time from the Hoover Web Design web site. Additionally, Hoover Web Design may require that the Licensee immediately and entirely remove any implementation of the Software Product that is in breach of this License Agreement. In addition, the Licensee shall be liable for the payment to Hoover Web Design of court costs, attorney's fees, punitive damages, and any other legal remedy appropriate for the situation.

Should the Licensee distribute, sell, or otherwise make available any portion of the Software Product or any modification which is determined to be the Software Product according to any other sections of this License Agreement, the Licensee shall be liable for the payment to Hoover Web Design of the equivalent cost of License Fees for the Software Product or for all monies collected by the Licensee in violation of this License Agreement, whichever is more. In addition, the Licensee shall be liable for the payment to Hoover Web Design of attorney's fees, court costs, punitive damages, and any other legal remedy appropriate for the situation.

Jurisdiction:

This License Agreement is governed by the laws of the State of Tennessee located in the United States of America. Both the Licensee and Hoover Web Design submit to the jurisdiction of the courts of the State of Tennessee. Both the Licensee and Hoover Web Design agree to commence any litigation that may arise hereunder in the courts located in the Judicial District of Shelby County in the State of Tennessee.

Hoover Web Design reserves the right to change and/or modify these terms without prior notice. Understand this is a legally binding contract, and violation will have legal consequences. Should this license be violated, your acceptance of this document will be used against you in a court of law. You will be held responsible for chargeback fees, court costs, attorney fees and any other costs that arise from violation of the License Agreement.

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