End User License Agreement

This is an agreement between Licensor (Element Engage, LLC) and the Licensee, who is being licensed to use the named Software; Simple File List Pro and Extensions.

License Grant: Licensee acknowledges that this Software is provided under the GNU General Public License (GPLv2 or later) for all PHP code that is considered a derivative work of WordPress. The GPL aspects of this Software are free to be used, modified, and distributed under the same license. For all other aspects of the Software, including but not limited to images, CSS, and JavaScript, the following terms apply:

Licensor grants Licensee a limited, nonexclusive license to use the named Software on an Internet domain registered with Element Engage, LLC. Licensee will not make copies of the Software, or allow copies of the Software to be made by others, except as permitted by the GPL for parts of the Software that are subject to that license. Licensee may make copies of the Software for backup purposes only.

Ownership and Intellectual Property: Licensor is and remains the owner of all titles, rights, and interests in the Software. For the GPL-covered parts of the Software, this ownership is subject to the terms of the GPL.

Limited Warranty: The Software is subject to a limited warranty. Licensor warrants that the Software will perform according to its printed documentation, and, to the best of Licensor’s knowledge, Licensee’s use of this Software according to the printed documentation is not an infringement of any third party’s intellectual property rights. This limited warranty lasts for a period of 30 days after delivery.

Remedy: In case of a breach of the Limited Warranty, Licensee’s exclusive remedy is as follows: Licensee will destroy all copies of the non-GPL parts of the Software. Licensor will either send Licensee a replacement copy of the Software, at Licensor’s expense, or issue a full refund.

Limitation of Liability: Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, including compensatory, special, incidental, exemplary, punitive, or consequential damages, connected with or resulting from this License Agreement or Licensee’s use of this Software.

Indemnification: Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee’s business operations.

Termination: Licensor has the right to terminate this License Agreement and Licensee’s right to use this Software upon any material breach by Licensee.

General Provisions: This License Agreement is governed by the law of Minnesota applicable to Minnesota contracts. It is the entire and exclusive agreement between Licensor and Licensee regarding this Software, replacing all prior negotiations, dealings, and agreements.