Bootstrap Studio License Agreement
This Software License is made by Zine EOOD, registered at “Dunavski Lebed” 7, Varna, Bulgaria, to the Customer as an essential element of the distribution of Zine EOOD's software product Bootstrap Studio thereafter refered
to as the Software within this document.
Section 1 License Grant And Ownership
- 1.1 With the purchase of the software, Zine EOOD grants to Customer a worldwide, perpetual, non-exclusive, non-transferable license to install and use the software on Customer's computer systems.
- 1.2 The software may only be used with a valid license key, generated exclusively for Customer at the time of acquisition of the software.
- 1.3 The software may be installed and activated on up to three computers owned by Customer, as long as the software is only used by the same individual.
- 1.4 Customer is either:
- 1.4.1 an individual developer or organization that purchased a copy of the program.
- 1.4.2 a student or educational institution that was issued an educational license key.
- 1.5 If Customer is an individual, only they may use the issued license key.
- 1.6 If Customer is a business or an organization, they may assign the license keys to individuals within the organization. A license key may be assigned only to one individual at a time, and the organization may reassign
the key as needed.
- 1.7 The license key may not be made public or distributed to third parties.
- 1.8 Educational licenses:
- 1.8.1 may not be used for developing commercial websites or pages.
- 1.8.2 have a one year validity when issued to a student, and can be reissued for further years at the end of this period if the individual is still enrolled as a student.
- 1.9 Except as expressly set forth in this section, Zine EOOD shall at all times own all intellectual property rights in the software. Any and all licenses, product warranties or service contracts provided by third parties
in connection with any software, hardware or other software or services provided in the system shall be delivered to Customer for the sole benefit of Customer.
- 1.10 Customer may supply to Zine EOOD or allow Zine EOOD to use certain proprietary information, including service marks, logos, graphics, software, documents and business information and plans that have been authored or pre-owned by Customer. All such intellectual property shall remain the exclusive property of Customer and shall not be used by Zine EOOD for any purposes other than that under which the property was provided.
- 1.11 Customer is the sole owner of websites and designs that are created within Bootstrap Studio. If said websites and designs include or are based on Templates and Components provided within the software, the restrictions outlined in Section 4 apply. Otherwise there are no limitations to the ways Customer may use their website and designs.
Section 2 Upgrades and Renewals
- 2.1 Upon obtaining the software, Customer gets access to a period of free upgrades. This includes all major and minor releases as well as bugfixes.
- 2.2 The software is made available in two distributions - the Standard edition and the Lifetime edition. The Standard edition comes with 1 year of upgrades, whereas the Lifetime edition doesn't have a limit to the time upgrades are received.
- 2.3 After the Standard edition's year of free upgrades expires, Customer may continue using the software indefinitely. Customer will not receive any further upgrades, not even bugfixes, after the period ends.
- 2.4 At any time, Customer may purchase a Renewal for their Standard edition license from the software's website. This will extend the period during which Customer receives upgrades for the software.
Section 3 Bootstrap Studio Sites
- 3.1 As part of the software offering, ZINE EOOD provides Customer with hosting space for publishing (uploading) websites online (referred to as "hosting service"). The hosting service is provided to Customer only if their license is active (still receives upgrades).
- 3.2 The hosting service is provided for free, on the discretion of Zine EOOD, and is subject to a fair use policy.
- 3.3 The amount of storage space and slots for uploading websites is determined according to the type of license:
- 3.3.1 Standard and Lifetime licenses receive 5 slots for uploading websites.
- 3.3.2 Educational licenses receive 2 slots for uploading websites.
- 3.4 Customer may delete their website at any time, freeing up a slot.
- 3.5 Upon publishing (uploading) their site to our hosting service, Customer declares that:
- 3.5.1 They are the rightful owner of all uploaded pages, images and assets, or that they have a license/permission to use said assets.
- 3.5.2 Their website adheres to the laws and regulations of the EU.
- 3.6 No transfer of rights occurs when uploading/publishing a site online.
- 3.7 Zine EOOD reserves the right to terminate a Customer's website or deny hosting service, in case of abuse, failure to comply with these terms or if required by law.
Section 4 Smart Forms
- 4.1 As part of the software offering, ZINE EOOD provides Customer with an automatic form backend service (referred to as Smart Forms), which delivers form submissions to a Customer registered email address.
- 4.2 Smart Forms is provided to Customer only if their license is active (still receives upgrades).
- 4.3 Customer may register up to 5 email addresses in the system. Deleting an email address frees up a slot for another.
- 4.4 There are no limits on the number of forms that can be created or submissions that can be processed.
- 4.5 Zine EOOD reserves the right to terminate Customer's Smart Forms service in case of abuse, failure to comply with these terms or if required by law.
Section 5 Templates and Components
- 5.1 The software includes a collection of templates and premade components created by Zine EOOD (referred to as "templates and components" below).
- 5.2 Customer may use these templates and components for free in personal and commercial websites, with the following restrictions:
- 5.2.1 Customer may not resell these templates and components.
- 5.2.2 Customer may not sell templates based on or containing our templates and components.
Section 6 Online Components
- 6.1 The software includes an area where users can upload (share) components that they create, and download components made by others (referred to as "online area" below).
- 6.2 All components available in the online area may be used commercially with no restrictions.
- 6.3 Upon uploading (sharing) a component, Customer declares that:
- 6.3.1 They are the rightful owner of all text, images and assets that comprise the component, or that they have a license/permission to use said assets.
- 6.3.2 Their component adheres to the laws and regulations of the EU.
- 6.4 Upon uploading (sharing) a component, Customer implicitly gives other users of the software permission to use their component commercially.
- 6.5 Customer has the right to remove (unshare) their component at any time.
- 6.6 Zine EOOD reserves the right to delete a Customer's component from the online area, in case of failure to comply with these terms or if required by law.
Section 7 Copies and Modification
- 7.1 Customer may make copies of the software for archival purposes. All copies and distribution of the software shall remain within the direct control of Customer and its representatives.
- 7.2 The software may not be disassembled or otherwise modified by the Customer or a third party.
Section 8 Warranties and Representations
Zine EOOD represents and warrants to Customer that:
- 8.1 It has all necessary rights and authority to execute and deliver this Software License and perform its obligations hereunder and to grant the rights granted under this Software License to Customer;
- 8.2 The goods and services provided by contractor under this Software License, including the software and all intellectual property provided hereunder, are original to Zine EOOD or its subcontractors or partners; and
8.3 Except as expressly stated in this Agreement, there are no
warranties, express or implied, including, but not limited to, the
implied warranties of fitness for a particular purpose, of
merchantability, or warranty of no infringement of third party
intellectual property rights.
Section 9 Indemnification
- 9.1 Zine EOOD hereby indemnifies and shall defend and hold harmless Customer, its parent companies and its and their subsidiaries, affiliates, officers, directors, employees, agents and subcontractors from and against all
liability, damages, loss, cost or expense, including but not limited to reasonable attorneys’ fees and expenses, arising out of or in connection with any breach or alleged breach of the Agreement or any third party claims that the
software or system here provided by Zine EOOD infringes or otherwise violates any rights of any such third party.
- 9.2 Customer hereby indemnifies and shall defend and hold harmless Zine EOOD, its and their subsidiaries, affiliates, officers, directors, employees, agents and subcontractors from and against all liability, damages, loss,
cost or expense, including but not limited to reasonable attorneys’ fees and expenses, arising out of or in connection with any third party claims that Customer’s use of the software in contravention of the grant of rights infringes
or otherwise violates any rights of any such third party.
- 9.3 Upon the assertion of any claim or the commencement of any suit or proceeding against an indemnitee by any third party that may give rise to liability of an indemnitor hereunder, the indemnitee shall promptly notify the
indemnitor of the existence of such a claim and shall give the indemnitor reasonable opportunity to defend and to settle the claim at its own expense and with counsel of its own selection. The indemnitee shall cooperate with the indemnitor,
shall at all times have the right full to participate in such a defense at its own expense and shall not be obligated, against its consent, to participate in any settlement which it reasonably believes would have an adverse effect
on its business.
Section 10 Termination
- 10.1 Zine EOOD may terminate this license upon notice for failure to comply with any of the terms set forth in this License Agreement. Upon termination, Customer is obligated to immediately destroy the software, including all copies and modifications.
Revision 7 — September 2018