Sections and Blocks License Agreement

This End User License Agreement ("EULA") is a legally binding agreement between you (the end user) and BrandStack.

This EULA governs your acquisition and use of BrandStack's "Sections & Blocks" ("Software") directly from BrandStack OR indirectly through a BrandStack authorized reseller or distributor.

Please read this EULA carefully before installing and using the Software. It provides a license to use the Software and contains warranty information and liability disclaimers.

If you register for a free trial of the Software, this EULA will also govern that trial. By clicking "Accept" or installing and/or using the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA.

If you are entering into this EULA on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA, do NOT install or use the Software.

This EULA agreement shall apply only to the Software supplied by BrandStack herewith regardless of whether other software is referred to or described herein. The terms also apply to any BrandStack updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

LICENSE

If, at the time of purchase, you chose a single-domain license, then you are permitted to use and install this Software on one (1) website only, whether personal or commercial.

If, at the time of purchase, you chose an unlimited-domain license, then you are permitted to use and install this Software on an unlimited number of websites that a) you own or co-own, b) you are a director or employee of the organization that owns, or c) you have been hired to work on the organization's website (i.e. your direct clients). You shall not distribute the software to people outside of your organization.

You are permitted to install and use the BrandStack Software under your control. You are responsible for ensuring your device, theme and platform meets the minimum requirements of the BrandStack Software.

You are NOT permitted to do any of the following:

- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things.

- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose.

- Allow any third party to use the Software on behalf of or for the benefit of any third party.

- Use the Software in any way that breaches any applicable local, national or international law.

- Use the Software for any purpose that BrandStack considers is a breach of this EULA.

LIMIT OF LIABILITY

IN NO EVENT WILL BRANDSTACK BE LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE (INCLUDING DAMAGE FROM LOSS OF BUSINESS PROFITS OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) OR FOR CLAIM BY ANY PARTY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF BRANDSTACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES, SUBJECT TO THE CONDITIONS NOTED HEREIN, SHALL BRANDSTACK'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE REPLACEMENT COST OF THE SPECIFIC SOFTWARE PURCHASED BY YOU OR THE PROVISION OF SUBSTITUTE SOFTWARE, AT THE SOLE DISCRETION OF BRANDSTACK THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

INDEMNIFICATION

You agree to defend, indemnify and hold BrandStack, its owners, directors, employees and third-party contractors harmless from and against any losses, damages, expenses, and costs, including reasonable attorneys' fees, from any claim by a third party arising from or related to your breach of this Agreement or your act, error or omission.

INTELLECTUAL PROPERTY AND OWNERSHIP

BrandStack shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads/updates of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of BrandStack.

BrandStack reserves the right to grant licenses to use the Software to other parties.

TERMINATION

This EULA is effective from the date you first download the Software and shall continue until terminated. You may terminate it at any time upon written notice to BrandStack.

It will also terminate immediately if you fail to comply with any term of this EULA. Upon such termination, the licenses granted by this EULA will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA.

GOVERNING LAW

This EULA, and any dispute arising out of or in connection with this EULA, shall be governed by and construed in accordance with the laws of the State of Idaho in the United States of America.