Terms & Conditions
Our terms grant you, (herewithin referred to as “Customer”) a non-exclusive, limited upgrade & support license to use the WPtouch Pro plugin and other products sold through our website (http://www.bravenewcode.com) by BraveNewCode Inc. (the “products”) in accordance with the following Terms & Conditions (the “license”). Additional terms may accompany the product(s).
Product and Plugin Licensing
The code in WPtouch Pro is licensed under the GPL general public license (Version 2.0). However, the term “WPtouch” is an unregistered wordmark of BraveNewCode Inc. You are free to do all that the GPL permits with the plugins we sell support and upgrade license for and/or distribute free of charge, but you may not re-use the trademark ‘WPtouch’ to accompany any re-distributions of the WPtouch or WPtouch Pro plugin, in any form.
For example, if you purchased WPtouch Pro, made a bunch of changes to make it work with Drupal and wanted to re-distribute it or sell it, the modified work would have to:
- Be re-distributed with the same license (GPL v2)
- Not, under any circumstances refer to, use, in part or in whole the wordmark ‘WPtouch’ in the name of the derivative or remixed work(s), but you may credit WPtouch as the source for your work if you’d like
- Adhere to 1 and 2 above unless otherwise agreed to by BraveNewCode Inc.
You may contact us at any time to discuss any possible projects you have in mind regarding modified versions of our products, or for clarification on any terms on this page or accompanying our products and/or services.
We support the spirit behind the WordPress community, and the GPL license. Our effort to protect the identity of the unique nature of our work and the quality of our products (by wordmarking) is what we aim to preserve, not the control over how our work is modified, or the freedom with which the GPL grants, etc. Our clients and Customers expect something from the BraveNewCode and WPtouch brand, and wordmark(s) serve to ensure that no one is misled about what they’re getting.
License Transferability, Availability
BraveNewCode Support & Upgrade Product Licenses are non-transferrable, unless otherwise stated or specifically granted by BraveNewCode Inc., you cannot: sell, make publicly or privately available to any person, business, or other legal entity at any time: your BNCID and/or license key for the purposes of providing re-distributed copies of our Products that have Support and Upgrade licenses from BraveNewCode Inc. provided directly to a third party.
Automatic Upgrades
Automatic Upgrades are available to Customers who have purchased a support and upgrade license key for any of our products. You may not resell access to your license key. Your license key grants you access to all upgrades in a major version. For example, a 2.0 license grants you free upgrades to 2.1, 2.2, 2.3, 2.x.x and so on. When/if a 3.0 version is released, a Customer may have to purchase a new license or pay an upgrade free, depending on the scope of the update. ↑TOP
BNCID
All licensed Customers have a BNCID created for them at purchase and have a Support and Automatic Upgrades License attached to it (or, alternatively if you already have a BNCID you can use it to attach a Support and Automatic Upgrades License key). Your BNCID is used to: activate your Support and Upgrade License(s) and access the BraveNewCode Pro Support Forums; file Pro Support topics, access BraveNewCode Docs, and access the BraveNewCode Support Knowledge Base. It also entitles to Automatic Upgrades for the Product (if applicable) through major version releases. ↑TOP
Purchase Delivery
At the time of checkout, BraveNewCode Inc. will obtain authorization from a credit card, Paypal or other payment method you have provided. After successfully processing your payment, you will be sent an email with your License key and BNCID, and new details will appear on your BNCID profile page. Your new License key and a download link for the latest version of the Product(s) Support and Upgrade License(s) you purchased will be available. You can download your actively licensed Product(s) package at any time. The License and downloads areas may not be available to you if a delay due to a pending transaction or other error in purchase has occurred.
If you do not receive your License email or see a download link shown on your BNCID profile page, please contact us immediately. We will try and resolve your issue(s) quickly. ↑TOP
Refund Policy
All Support and Upgrade License(s) from BraveNewCode Inc. are non-refundable. ↑TOP
Support Policy
Fees collected for purchases from the sale of BraveNewCode Inc. Support and Upgrade License(s) are for limited Support and Upgrades only. Support responses from BNC Staff usually occur in 2-3 days during regular business hours (9-5 EST, Mon-Fri). BraveNewCode Inc. makes no guarantee nor warrants that it will provide Support within a minimum response time. At this time, BraveNewCode Inc. only provides support in English, and may choose to deny support requests in English where 3rd party translation services have been used. ↑TOP
Invalid Licenses
BraveNewCode Inc. reserves the right, at any time, without prior notice, to: modify or discontinue, temporarily or permanently, a Support and Upgrade License(s) for a Product or Products if it deems the(se) license(s) to be invalid. BraveNewCode reserves the full and complete privilege to determine what constitutes the validity of Support and Upgrade License(s) granted, and will in its sole discretion decide if a refund will be offered in respect of a license being deemed invalid. ↑TOP
Product Pricing
Prices of Support and Upgrade License(s) for Products are subject to change at any time, without prior notice. ↑TOP
Warranty
BraveNewCode Inc. may terminate its offer of Support and Upgrade License(s) immediately: (i) at any time upon a breach by Customer of any of the terms hereunder or above; or (ii) upon the insolvency, bankruptcy, winding-up, liquidation or death of BraveNewCode Inc. Furthermore, BraveNewCode Inc. may terminate Automatic Upgrades and Support at any time, without cause, on not less than ninety (90) days prior written notice to the Customer, or, at its sole discretion, offer a refund in lieu of that notice. Upon termination of Automatic Upgrades and Support, BraveNewCode Inc. shall have no liability to Customer as a result of the termination.
WordPress as an open-source publishing platform has thousands upon thousands of plugins and a wide variety of installation scenarios. BraveNewCode Inc. is not responsible for any plugin compatibility conflicts that may occur, nor any damages, in whole or in part that may be experienced by Customer in using our Product(s) and/or Service(s). As a Customer you agree to indemnify in perpetutity BraveNewCode Inc. from any legal responsibility arising from your use of its products or services.
BraveNewCode Inc. Product(s) and/or Service(s) and/or Support and Upgrade License(s) are provided “as is” without warranty of any kind, expressed or implied. BraveNewCode Inc. shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our products.
It is our policy to support our Product(s) and/or Service(s) and/or Support and Upgrade License(s), and BraveNewCode Inc. will provide support for 3rd party plugin conflicts in the Pro support forums at our discretion and as time/feasibility allows.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
BraveNewCode Inc. reserves the right to change or modify these Terms and Conditions without prior notice, and you recognize the responsibility to read and understand these Terms and Conditions, and review them from time to time, acting responsibly as a purchaser. ↑TOP
Ownership & Copyright
To the fullest extent permissible, governing all intellectual property aspects of its GNU GPL licensed work, you may not claim intellectual or exclusive ownership rights to any Copyright protected aspects of any Product(s) and/or Service(s) and/or Support and Upgrade License(s). All non-GPL Intellectual Property Products are copyright BraveNewCode Inc. ↑TOP
Site Content
All original website content, including but not limited to: images, css, audio files, video files and written word that is published on bravenewcode.com and/or bravenewcode.com/support and/or bravenewcode.com/docs is the intellectual property of BraveNewCode Inc. Any duplicated site content must be authorized with express written consent by a signing authority of BraveNewCode Inc. Content from this site cannot, under any circumstances be used or exploited for commercial or non-commercial purposes without the prior written consent of BraveNewCode Inc., unless otherwise explicity stated with or within the content. ↑TOP
Privacy Policy
BraveNewCode Inc. values Customer privacy, and assures Customers that it will not:
- Provide or sell the names and addresses of our Customers to outside vendors.
- Provide or share confidential personal information, purchase history, purchase method details with outside vendors or other Customers
BraveNewCode Inc. will, acting responsibly:
- Safeguard Customers’ information from unauthorized access
- Collect, maintain and use Customer information as necessary to provide the most helpful and targeted products and services to meet Customers’ needs (e.g. Customer care or new products or services)
- Honour Customers’ requests to remove their names from our emails lists in a timely manner
- Maintain confidentiality of Customer information when releasing other products or services, or in working with other companies
As a Customer you agree that BraveNewCode Inc. has the non-exclusive, worldwide license in perpetuity to publish, copy, and keep all information that you post publicly on bravenewcode.com or any of it’s ‘/’ namesakes (/support, /blog, etc). This license is to ensure that all content collected and accrued regarding the Support of its products and services remains congruent and available to all Customers, to improve the experience of use for BraveNewCode Inc. products and services.
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