Long2 Consulting Web Template End User License Agreement

(Also DBA 123 Small Biz Sites, Designers Alcove)

Revised January 1, 2010: Your theme and template package is classified as "software". There will be no refunds after you have downloaded any template file. All sales are final.

We understand that wading through the legal stuff is hard to understand, so we've tried to summarize some of the most important parts of the license agreement here:

Your License Rights

The license fee for this design is a site license, not a user or computer license. This design is, therefore, licensed for use on ONE SITE ONLY. If you want to use this design on additional sites, you must purchase a license for each additional site. Visit http://www.long2consulting.com/catalog to purchase additional licenses. Additional licenses are less than the cost of a full template.

By purchasing a license, you can:

• Create 1 web site for one domain for yourself or for one client.
• Create additional test sites (such as building a sample web site for someone to approve). However, you must buy a license for each site you build for additional clients.

Ways You Can't Use this Product:

You essentially can't do anything NOT allowed specifically in the license agreement. And definitely no:

• Using the product, or any part of it, as a trademark or service mark.
• Making this product available to anyone else outside of the business entity that is using it (whether that's by sublicensing, selling, or simply providing it for free)
• Using any source files, images, code, or components from this product separate from the product - the exception is if you want to use a screenshot of the product (web site, presentation, etc.) for marketing purposes for the business entity.

Specific Examples:

Let's say you license a web template, which comes with the Photoshop and Flash source files, plus all the graphics, code, etc., that make up the actual web template.

• You may use the web template and source files to make your business a company web site, intranet web site, and project web site. OR, you may use the product to make your client a company web site. But, you may not do both without purchasing another license.
• Let's say you made your company a web site using the template. You may make a "demo" web site using the same template for a client for them to see if they like it or not. But if you actually want to make the web site "live," you'll have to purchase another license.
• You may modify the Photoshop and Flash files and make new graphics or Flash movies to replace the existing ones in the web site. You may not use the Photoshop and Flash files to make files for a different web site, or for another client.

This is a legal agreement between you and Linda Long (DBA Long2 Consulting, 123 Small Biz Sites, and Designers Alcove) (hereinafter “LICENSOR”) covering the downloading and/or installation of Themes, Templates, and Components (written code and/or constructed graphic elements; hereinafter “PROGRAM(S)”). By downloading and/or installing, copying, or otherwise using the PROGRAM(S) on any computer or device, you agree to be bound by the terms of this End User License Agreement (EULA). Be sure to read the following agreement before using the PROGRAM(S).

Copyright © 2002-2009 Linda K Long (DBA Long2 Consulting, 123 Small Biz Sites, and Designers Alcove)

Your download and use of the PROGRAM(S) indicates your acceptance of the terms of this License Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE PROGRAM(S) AND DESTROY ALL COPIES OF IT.

Joomla Template Disclaimer and Info:

NOTE: The PHP portions of our Joomla! templates are licensed GNU/GPL all other portions of Joomla! templates (images, html code, XHTML code, and css code) are covered under this agreement.

Our Joomla templates are developed to work with the Joomla! CMS developed by Open Source Matters. For template-related support issues, please direct questions to this site, not to the Joomla! Project or Open Source Matters.

Joomla! is the trademark of Open Source Matters, Inc.

The Joomla!™ templates sold Long² Consulting (L2C) are sold as independent extensions to the Joomla! CMS. We tested these templates to ensure as much consistency as possible. However, it should be noted that L2C doesn't have any control over how third party extensions and components will display in these templates.

In order to make your Joomla! website launch as seamless as possible, L2C provides information of all the module settings used with each Joomla! template in a ReadMe.pdf file. If additional extensions are used in our live demos, we also provide links t those extensions within the template instructions. If you want the same functionality you see featured with our templates, then you will need to download these extensions. However, for the sake of simplicity for the end-user, we typically use the default Joomla settings so you can easily transition from the default Joomla! template to one of our custom Joomla! templates.

If you are unfamiliar with Joomla! we highly recommend you download Joomla! and install the default template on your server. We also recommend that you familiarize yourself with the workings of the infrastructure prior to jumping in full-force. In particular, we suggest that you learn how to work with modules and how to create New custom HTML modules.

Long² Consulting cannot, and does not, take responsibility for the inner-workings of Joomla! or other third party extensions. We will not  offer follow-up technical support for issues unrelated to the workings of the template itself!

Please Note: We can only guarantee the template version you purchased works, and renders properly, within the Joomla database it’s developed for. In other words, if you purchase a 1.5 Joomla template then you can expect it to be fully compatible with any 1.5x version. If there is an update to a version such as 1.6, 1.7, etc, you should not expect a 1.5 template, to necessarily work in these later database versions. Although there is legacy mode and template override functions available for reverse compatibility, we still cannot guarantee an older template will work in future Joomla versions.

The LICENSOR grants you the following license:

Your download is expressly limited to ONE download per template purchased. It is the buyer's responsibility to save the download file(s) to a safe location on one computer hard drive and to then make one copy on removable media such as a CD or diskette for backup purposes only. The LICENSOR is not responsible for providing replacement copies of any template package. If you encounter any problems when downloading your file, please contact us as soon as possible and we will email you the file package.

APPROVED USE: You may use all graphics in a single application (on one website or domain), free from copyright infringement, whether such application is for free or for fee. Use of this template/theme on more than one computer is prohibited without prior written consent except when necessary for the development of a single website.

TECHNICAL SUPPORT: The templates are provided "as is" without warranty of any kind, either expressed or implied. You may not alter the appearance of the theme, template or any graphics except to add your own personal or business information on banners, buttons or backgrounds and to add your own content and graphics as necessary to the main content areas of the template. Any modifications are at the sole risk of the user and Long2 Consulting does not guarantee the performance of any package which has been altered or modified other than stated above. You are responsible for adding or editing your website's content to the template. Free technical support will be limited to problems specifically associated with the each template such as the alignment of graphics. We do not have the resources to offer free FrontPage technical support or to train you how to use FrontPage or Expression Web.

Royalty-free images

• Watermarked Images: This template may contain watermarked images that have not been pre-licensed. We have obtained permission to incorporate these sample images within the template. If you want to use these images for your website, you are required to purchase a non-watermarked version directly from the vendor listed below. You may also replace the watermarked images with your own images. (Note: If you need help adding the non-watermarked image, we can insert your image for free within 30 days of your purchase.)
• Pre-licensed images: This template may contain non-watermarked images or photos provided by third-party providers. We have obtained the necessary licenses, rights, or permissions to use the images within the template. You may use these images within the template on one live website, but you do not have the right to use these images separate from the template (for example for printed brochures etc.). If you want to use the images for other purposes, you should purchase an additional version of the image directly from the third-party image provider. You are bound by the license agreement and copyright of the third-party image providers.

THIRD-PARTY SOFTWARE: Your theme and template package may contain elements that rely on additional third-party software that must be purchased separately in order for said element to be modified or perform satisfactorily on your computer. Swish/Flash animations require purchasing the program in order to make changes to such elements. Notices are clearly stated within each template preview. Elements which rely on such additional software may be removed and not affect the overall performance of the template package.

BROWSER ISSUES: Since FrontPage® and Expression Web are Microsoft products, it is only natural that the themes and templates work best in Internet Explorer. We have tested our products in the latest versions of Internet Explorer, FireFox, Opera, and Google Chrome  but make no warranties that their performance will be identical in all browsers. Some knowledge about what will and will not work in the various browsers is highly recommended.

RESTRICTIONS: Our templates, style sheets, and images may not be resold, distributed, or added to any type of collection. They may not be offered for download or use from any website nor placed online for promotional purposes. Each template must be used as supplied for its original intended purpose. This simply means you may not select images or code from the templates or style sheets to add to another application. Purchasing a template does not constitute ownership and does not give you the right to the graphics outside of the intended purpose. Graphic copyright remains with the original designer. The term "graphic" applies to all theme and template images such as bullets, buttons, icons, images, etc.

Note: If you are planning to use our templates to design a website for any commercial entity, it is recommended that you state clearly in advance (either on your website or through your web design contract) that you will be using a pre-made template for a website project in order to avoid possible legal disputes. If you are using this template for a commercial entity or client, you may not advertise the final site as Designed by <your name>. Instead use Developed by <your name>.

TITLE: Title, ownership rights, and intellectual property rights in the PROGRAM(S) shall remain Long2 Consulting's. The PROGRAM(S) is protected by the copyright laws and treaties of the United States. If you would like to obtain ownership rights to the PROGRAM(S) please contact Licensor, by email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY LICENSOR. LICENSOR MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO LICENSOR DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.

If any modifications are made to the PROGRAM(S) by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the PROGRAM(S) is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the PROGRAM(S) was designed to be used as described in the Documentation.

DISTRIBUTION: Distribution of the Software is not allowed without permission of LICENSOR. You may not modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on the PROGRAM(S). You may not copy the PROGRAM(S) other than as specified above. You may not rent, lease, grant a security interest in, or otherwise transfer rights to the PROGRAM(S). You may not remove any proprietary notices or labels on the PROGRAM(S). You must maintain all copyright notices in the meta tags on all copies of the PROGRAM(S) if they exist.

TERMINATION: The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the PROGRAM(S) and Documentation.

All template packages are offered in good faith. The purchaser agrees not to hold Long2 Consulting, any third party vendor, or other selling agent liable for any loss of revenue, time, or other damages that might be incurred, directly or indirectly, through the use of any template package, or through any user's inability or lack of necessary knowledge to use any template designed by Long2 Consulting. It is the responsibility of the buyer to evaluate the completeness, quality and usefulness of any information or content contained within each template preview.

If you do not abide by the terms of this agreement as described above, Long2 Consulting reserves the right to pursue any necessary legal action.

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIER(S) OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT Long2 Consulting RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. HIGH RISK ACTIVITIES. The PROGRAM(S) is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). LICENSOR and its SUPPLIER(S) specifically disclaim any express or implied warranty of fitness for High Risk Activities.

MISCELLANEOUS: If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to LICENSOR 's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement.

APPLICABLE LAW: This agreement will be governed in all respects by the laws of the State of Illinois U.S.A., without reference to its laws relating to conflicts of law. Venue for all disputes arising under this agreement shall lie exclusively in the Superior Courts Cook county in the State of Illinois and each party agrees not to contest the personal jurisdiction of these courts.

ADRESSES: Linda Long (DBA Long2 Consulting) 520 Cambridge Drive, Schaumburg IL 60193.