Pongos Interactive LLC (hereafter “Pongos”) offers the SmartSimian plugins for WordPress subject to the following terms and conditions. These terms and conditions apply to each SmartSimian Plugin you license from Pongos.
1. SUBSCRIPTION AND LICENSE
Upon download of the SmartSimian Plugin(s) Pongos grants you a subscription for each individual SmartSimian Plugin for the number of sites set forth on the purchase order. You will receive a license key from WordPress which will serve as your subscription key. The license for each SmartSimian plugin for WordPress is the General Public License Version 2 (the “GPLv2”) which can be found at https://www.gnu.org/licenses/old-licenses/gpl-2.0.en.html.
2. UPGRADES AND SUPPORT
The annual subscription fee, if any, for each SmartSimian Plugin, individually or as part of Bundle, includes all updates, and upgrades, Pongos releases during the twelve (12) month period following the purchase date of each SmartSimian Plugin. The annual license fee also provides access to documentation and support forums for each licensed SmartSimian Plugin. Upgrades, updates, documentation and support forums shall be made available to subscribers of any SmartSimian Plugin offered without a fee upon registration of its license key with Pongos on the SmartSimian website located at http://smartsimian.com.
3. WARRANTY AND LIMITATION OF LIABILITY
Each SmartSimian Plugin is guaranteed to function on a clean installation of WordPress. Pongos does not guarantee that any SmartSimian Plugin will function with 3rd party plugins or with all web browsers. Pongos is not responsible for any plugin compatibility conflicts that may occur. Pongos will use its best efforts to support each SmartSimian Plugin, and provide updates and upgrades as necessary to properly function with WordPress.
Each SmartSimian Plugin, update, upgrade, documentation or support service, is offered, to the maximum extent of permitted under applicable law, on an “AS IS” basis without warranty of any kind, either expressed or implied, including but not limited to the implied warranty of merchantability, non-infringement and fitness for a particular purpose. Pongos does not guarantee that the use of the SmartSimian Plugin(s), documentation, support services, update(s) or upgrade(s) will be error free.
IN NO EVENT SHALL PONGIS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN TORT OR IN CONTRACT, INCLUDING LOST PROFITS OR CONSEQUENTIAL DAMAGES ARISING FROM ANY SMARTSIMIAN PLUGIN. IN NO EVENT SHALL PONGOS LIABILITY HEREUNDER EXCEED THE AMOUNT THAT YOU PAID TO IT UNDER THIS EULA/SLA DURING THE PREVIOUS TWELVE (12) MONTHS.
You may not claim intellectual property ownership over any SmartSimian Plugin. Except as provided in the GPLv2 you may not rent, copy, transfer or otherwise assign any SmartSimian Plugin to any other person or entity. You must not remove or alter any copyright notices, or other intellectual property notices, included in any SmartSimian Plugin.
Pongos reserves all copyrights, trademarks, and other intellectual property rights in the content on http://smartsimian.com (“Pongos Property”). No license is granted to you in Pongos Property and you shall not use it without written permission from Pongos.
Subscriptions are for use on the websites in which the SmartSimian Plugin has been installed.
Subscriptions may not be distributed or resold to the public. Subscriptions are not transferrable without the prior written consent of Pongos. Only the licensee is permitted to request support or access subscription resources.
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.
6. TERM, TERMINATION AND RENEWAL
The term for this Agreement is twelve (12) months from the purchase date of the SmartSimian Plugin (the “Term”). Upon expiration of the Term, you will retain the license to the SmartSimian Plugin. However, you will not have access to updates, upgrades, documentation, or support forums without purchasing a renewal subscription for each licensed SmartSimian Plugin.
Any renewal of subscriptions shall be subject to the terms and conditions in place at the time of the renewal.
Pongos offers the SmartSimian Plugin with a 30-day money back guarantee. Contact us at firstname.lastname@example.org within 30-days of your initial purchase for a refund. Upon the processing of your refund, your subscription(s) shall be automatically cancelled.
From time to time Pongos may need to contact you regarding the SmartSimian Plugin its license, terms and conditions. Pongos will use the electronic mail address attached to the license key.