I’ve been a big supporter of the WordPress designer community over the years, and I’ve gone into bat for honest WordPress designers before, often at my own detriment.
I’ve been looking around for a new template after a couple of failed attempts on Scriptlance and oDesk to get anything done. I ended up at Solostream and bought the WP-Magazine theme thinking that I could at least use it as a framework for what I had in mind. Now when I signed up I accepted that I could only use the work on one site, and that there would be a credit in the footer, but I didn’t read the EULA until I’d opened the now paid for template (in fact there is zero link to the EULA on the buy page so it was my first opportunity). Maybe I’m being a little too harsh here, but given I’ve just paid for a template I didn’t expect this:
WP-Magazine Theme 1.0 Basic END-USER LICENSE AGREEMENT AGREEMENT
IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Solostream Web Studio for the SOFTWARE(s) identified above. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.
1. The SOFTWARE is licensed, not sold.
2. GRANT OF LICENSE.
a. You MAY modify, install and/or use the SOFTWARE on NO MORE THAN ONE (1) website or blog owned by you.
b. You MAY NOT remove or modify any credits in the page footer area of the SOFTWARE.
3. DISTRIBUTION.
a. You MAY NOT sell, rent, lease, lend or otherwise redistribute the SOFTWARE in any form.
b. You MAY NOT sell, rent, lease, lend or otherwise redistribute derivative works based upon the SOFTWARE.
4. RESTRICTIONS.
a. You MAY NOT not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.
5. SUPPORT SERVICES.
a. Solostream Web Studio may – but is not required to – provide you with support related to your usage of the SOFTWARE.
6. TERMINATION.
a. Without prejudice to any other rights, Solostream Web Studio may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and remove it from any and all websites owned by you.
7. COPYRIGHT.
a. The SOFTWARE is protected by copyright laws and international treaty provisions.
b. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you.
c. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of the Solostream Web Studio and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license.
d. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
8. NO WARRANTIES.
a. Solostream Web Studio expressly disclaims any warranty for the SOFTWARE.
b. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.
c. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
9. LIMITATION OF LIABILITY.
a. IN NO EVENT SHALL SOLOSTREAM WEB STUDIO BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF SOLOSTREAM WEB STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, SOLOSTREAM WEB STUDIO’S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S.$1.00 OR LICENSE FEE PAID BY YOU.
10. MISCELLANEOUS.
a. Should you have any questions concerning this EULA, or if you desire to contact Solostream Web Studio for any reason, please contact by electronic mail at: michael@solostream.com.
No thanks for giving us money, no thanks and we might be able to help you if you get stuck. No, just lost of nasty legalese.
The take away bonus on this is the footer link is an SEO scam as well, linking “WordPress theme” back to Solostream; I’d accept a link back to them, but at a time where Google is nuts on paid links I’m paying for trouble having a blatant link like that there.
If I’m wrong, tell me, it’s why I’ve written this post. I’m seriously thinking about deleting the template and writing the $79 off as a tax loss.
Update: following the comments I think I’ll hold on to the template. As I said to Michael in an email: the EULA scared the shit out of me, completely. My only condition is that if I use it he assures me that he won’t pull it per the EULA, I think that’s the part that scared me the most, particularly given that it when I’m finished with it, it is unlikely to be identifiable. My skill set when it comes to WP templates is editing existing ones, I couldn’t start one from scratch to save me. I intend to spend hours customizing this, but I don’t like the idea that when I do so it could be pulled out from under me.
I’m guessing adding a nofollow counts as modification of the footer? 😉
Hi Duncan:
First of all, thanks for the purchase of WP-Mag Theme.
Second, I’m sure if you ask any of the commentors on http://www.wp-magazine.com, they’ll tell you that I do provide support when someone has a question or problem with the theme. I also provide support to those who email me directly with questions or problems.
As far as the link being an “SEO scam,” I disagree. Most WordPress sites have a link to the theme author at the bottom … including your own.
The EULA is standard boiler-plate language with my own modifications. No one has ever had a problem with it. Nor have I had a problem with any purchasers of the theme. Everyone has been happy (until now it seems).
Best – Michael Pollock
BTW, if you have a problem with the theme itself, I’d be happy to help you with any questions. If it turns out the EULA is too harsh for your comfort, I’ll refund your $79, in which case, I’d ask that you just delete any and all theme files in your possession. Let me know.
Best – Michael
Hi Duncan –
A wise developer, correctly, corrected me on the concept of GPL quite some time ago by saying… “[Coding/templates/plugins].. that rely on a GPL?¢‚Ǩ‚Ñ¢d code base (in this case, WordPress) are generally considered to have ?¢‚Ǩ?ìcaught?¢‚Ǩ¬ù GPL as a result, and distribution of this code triggers a GPL license accordingly.”
From what I understand, identifiable pieces of the theme that are not derived from the GPL code base do not have to be released under the same GPL (i.e. custom graphic, CSS, custom javascript, etc, etc) – – however, the pieces of the work that are derived from the GPL code base (i.e. template code containing WP tags and functions)… those pieces inherit the the terms of a GPL and, as such, can be redistributed in GPL fashion.
More often – I am seeing theme designers releasing their themes under a ‘dual’ license… variations of Creative Commons that cover the non-dependent bits and GPL that cover the dependent bits. Gosh, I hope that makes sense?
At least that is how I understand it…. please, anyone, fill in any gaps I might have missed or misunderstood 🙂
That being said, sounds like SoloStream is practicing ‘CYA-ology’ with what he perceives as an ‘industry standard’ EULA and based on his comment here, sounds like his provision of premium theme services are above board. Me? I’d give benefit of the doubt and enjoy the theme .. Michael is a good egg 🙂
Take care!
talk more specifically about the intense drama of austrailia two.O
I always source WordPress themes from http://themes.wordpress.net/ – If you can do some basic html and image manipulation there’s bound to be a template you like in there.
I have no issue with the EULA itself. it seems like a pretty normal one to me. wordpress themes have always had that SEO link in them.. since version 1.0..
wordpress also adds a meta tag in there ( ) and PHP adds a server header.
even the default setting has wordpress blogs set up as your friends. you could say wordpress is just a way for wordpress.org to get PR for it to sell high priced ads. (which it did do a while back)
The only thing I object to would be you not seeing the EULA before you purchased the item.
as such Michael is willing to refund your money.. so I’m not sure what the problem is.
ps. I’ve never seen a EULA thank anyone for anything..
I’ve updated the post: k given Michael’s and others feedback. No problem: as I said in the post I was opening this for feedback, just some of those things in the EULA spooked me.
@Lisa: Yes, CYA-ology is a good way to characterize it. And thanks for the support.
@Ian: Appreciate the input. I was thinking the same … I’ve never seen a EULA thanks anyone.
@Duncan: Thanks for updating the post. And rest assured, the only reason that I would have to pull a theme from someone is if they were violating some requirement of the EULA.
Best – Michael
I have no affiliation with this magazine theme but check it out: http://www.darrenhoyt.com/2007/08/05/wordpress-magazine-theme-released/
Annoying as it may be, this things do happen. I hope you have checked the link provided by Ash, who knows, that may be useful.