PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE GALLERIA PREMIUM THEME SOFTWARE (AS DEFINED BELOW). BY USING THE GALLERIA PREMIUM THEME SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY NOT USE THE SOFTWARE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
1. Grant of License
Subject to your compliance with the terms and conditions of this License, worse is better UG (“wib”) hereby grants you (and only you) a limited, personal, non-sublicensable (except as set forth below), non-transferable, nonexclusive license to use the Galleria Premium Theme Software and documentation accompanying this License, whether on disk, memory or an any other media or in any other form (the “Galleria Premium Theme Software”) only in connection with the number of Sites (as defined below) set forth in Section 4. If you have purchased a multi-site version of the Galleria Premium Theme Software, the foregoing right and license is sublicensable only to your end users and/or customers in connection with the number of Sites authorized by wib in accordance with Section 4; provided that any such sublicenses shall be subject to such sublicensees’ compliance with all of the terms and conditions of this License. As between you and wib, title, ownership rights, and intellectual property rights in and to the Galleria Premium Theme Software, and any copies or portions thereof, shall remain in wib and its suppliers or licensors. No other rights, express or implied, are granted by this license, and wib reserves all rights not expressly granted to you herein.
You may not modify, decompile, duplicate reverse-engineer or attempt to discover the source code or structure, sequence or organization of the Galleria Premium Theme Software. Without limiting the foregoing, if any modifications are made to the Galleria Premium Theme Software, no support will be provided by wib. You may not remove any proprietary notices from the Galleria Premium Theme Software, including any copy of this License provided therewith. Except as expressly set forth in this License, you may not distribute, rent, lease, sublicense, lend or sell any version of the Galleria Premium Theme Software to any other person or business. The Software may not be used for, or in conjunction with, any illegal services, products or practices whatsoever.
You agree to pay all applicable fees with respect to the Galleria Premium Theme Software (“Fees”), which Fees are set forth on (i) the Galleria website, or (ii) a separate written order form accepted in writing by wib. The license rights granted under Section 1 hereof are subject to your payment of all Fees.
4. Permitted Usage
For purposes of this License, “Site” shall mean any Web site serving web applications (that are not SaaS applications) hosted under a single domain name, provided that each subdomain of such domain name shall be considered a separate Site. You are only permitted to use the Galleria Premium Theme Software in connection with a single Site, unless you have purchased a multi-site license to the Galleria Premium Theme Software, in which case you are only permitted to use the Galleria Premium Theme Software in connection with the number of sites specified by the license type: (i) in case of a business license: 1-3 Sites, (ii) in case of a developer license: unlimited sites.
5. Prohibited Uses
You may NOT, without the prior written permission of wib: (i) use the software or part of software as part of a SaaS application, (ii) use or distribute the Galleria Premium Addo-on Software as part of a commercial packaged Software product, theme, framework, component, library or plug-in.
6. Consent to Use of Data
You agree that wib and its subsidiaries or agents may collect and use technical and related information about the server and domain the Galleria Premium Theme Software is installed on, as well as non-personally-identifiable information regarding your site visitors and their interactions with the Galleria Premium Theme Software. wib may use this information to improve products and services and as a basis for providing statistical analytics for users.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from wib if you fail to comply with any of the terms of this License. Upon termination of this License, you shall cease all use of the Galleria Premium Theme Software and destroy all copies, full or partial, of the Galleria Premium Theme Software.
8. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE GALLERIA PREMIUM ADD-ON SOFTWARE IS AT YOUR SOLE RISK AND THAT RISK IS ACCEPTABLE TO YOU. THE SOFTWARE IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WIB HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GALLERIA PREMIUM ADD-ON SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WIB DOES NOT WARRANT THAT THE GALLERIA PREMIUM ADD-ON SOFTWARE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH OTHER THIRD PARTY SOFTWARE, SERVERS OR PLATFORMS. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. THIS LICENSE SUPERSEDES ALL CLAIMS MADE ORALLY OR IN WRITING OUTSIDE OF THIS LICENSE.
You agree that wib shall have no liability whatsoever for any use you or any third party make of the Galleria Premium Theme Software. You hereby agree to indemnify and hold harmless wib from any and all damages, liability, costs, and expenses (including attorney’s fees) arising from claims related to your use, and your customers’ use, of the Software.
10. Limitation on Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WIB OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR PERSONAL INJURY, OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GALLERIA PREMIUM ADD-ON SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE).
Some jurisdictions do not allow for the limitation of liability for personal injury or of incidental or consequential damages, so this limitation may not apply to you. In no event shall wib’s aggregate liability to you for all damages exceed the amount paid BY YOU for the software license.
11. Injunctive Relief
Because of the proprietary nature of the Galleria Premium Theme Software, you understand that wib will suffer irreparable injury in the event that you fail to comply with the terms of this License, and that monetary damages will be inadequate to compensate wib for such breach. Accordingly, you agree that wib will, in addition to any other remedies available to it at law or in equity be entitled to injunctive relief to enforce the terms of this License.
12. Refunds & Support
The Galleria Premium Theme Software is sold “AS IS” and and with no implied meaning that it will function exactly as you would like. Refunds will be offered at the sole discretion of wib and will only be considered based on the following grounds: (i) you are within the first 14 days of the purchase of the theme, (ii) you have attempted to resolve your issue(s) with the documentation and ticketing support. No refunds will be granted after the first 14 days of the purchase whatsoever. Issues caused by 3rd party plugins, themes or other software will not provide grounds for a refund.
Support for themes sold and distributed by wib is only available for those who have an active, paid extension license. Support and updates are granted for one year after the original purchase based on the license you have purchased. After one year is completed, the purchaser must renew their license in order to continue receiving support and updates for the items purchased.
Support and updates are provided as long as the Galleria Premium Theme is actively in development. Should any one of the following occur, wib will no longer be responsible for providing support for the Galleria Premium Theme Software: (i) the Galleria Premium Theme is no longer actively developed as a viable product by wib, (ii) the Galleria Premium Theme Software or the parent company is purchased or bought out by another company.
Whilst wib attempts to provide the best support possible for their themes, wib does not guarantee that any particular support query can, or will be answered to the extent, or within a timeframe that the inquirer is completely satisfied.
13. Complete Agreement
This License constitutes the entire agreement between the parties with respect to the use of the Galleria Premium Theme Software. It supersedes all prior agreements and understandings regarding the Galleria Premium Theme Software. No modification or amendment of this License will be binding unless provided in writing, and signed by an authorized signatory of wib.
All waivers under this Agreement must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
This License is personal to you and you shall not assign or transfer the License or the Galleria Premium Theme Software to any third party under any circumstances. Wib may freely assign its rights and obligations under this License.
16. Governing Law and Jurisdiction
This Agreement shall be governed by, interpreted and construed in accordance with German law only and any and all claims or disputes arising out of or in connection with them shall be subject to the exclusive jurisdiction of the German Courts having jurisdiction on wib’s registered office.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Binding law on consumer protection, which applies according to the law in the country of residence of the consumer outside Germany, shall remain unaffected.
If the licensee is a merchant, a corporate body under public law or a special fund under public law, the Parties irrevocably agree that the courts of Berlin shall have exclusive jurisdiction to settle any dispute arising out of this Agreement, or in connection with it (including any non-contractual obligations).
Last Revised 14-08-2019
An older version of this license is available here.