Tess Themes

Software License Agreement

Version 1.0 • Effective Date: August 1, 2025

This Software License Agreement (the “Agreement”) is a legally binding contract entered into between:

  • The Licensor:

    TESSERAKT sp. z o.o.
    A company incorporated under the laws of Poland,
    with its registered office at:
    Cechowa 44B, 30-614 Kraków, Poland
    National Court Register (KRS) Number: 0000642152
    Tax Identification Number (NIP): 6832091507
    (Hereinafter referred to as “Licensor” or “Tesserakt”)

and

  • The Licensee:

    Any individual or entity who legally acquires the software template from the Licensor or its authorized distributors. (Hereinafter referred to as “Licensee” or “You”)

By purchasing, downloading, installing, or otherwise using the Software, you are agreeing to be bound by all the terms and conditions of this Agreement. If you do not agree with these terms, do not purchase, download, install, or use the Software.

1. Definitions

a) “Software”: Refers to the Astro framework template, including all of its source code (HTML, CSS, JavaScript, TypeScript, etc.), design files, assets (images, icons, fonts), documentation, and any updates or subsequent versions provided by the Licensor.

b) “Modification”: Refers to any change, addition, deletion, or alteration made to the Software’s source code, design, or structure. This includes, but is not limited to, adapting the Software for a specific project, changing its appearance, or extending its functionality.

c) “End Product”: Refers to a customized website or web application created by the Licensee for themselves or a client that incorporates the Software or Modifications of it.

d) “Resell”: Refers to the act of selling, licensing, sublicensing, distributing, or otherwise transferring the Software or any Modification of it to a third party for any form of compensation, as a standalone product or as part of a larger package where the Software constitutes the primary value.

2. Grant of License

Subject to the terms and conditions of this Agreement, Tesserakt grants the Licensee a worldwide, perpetual, non-exclusive, non-transferable license to:

a) Use the Software to create unlimited End Products for personal and commercial purposes.

b) Create Modifications of the Software to suit the needs of your End Products.

c) Deploy End Products on an unlimited number of domains or servers for yourself or for your clients.

3. Updates

a) The Licensee is entitled to receive all updates to the Software released by the Licensor for a period of one (1) year from the date of the original purchase (the “Update Period”) at no additional cost.

b) After the Update Period expires, the Licensee may continue to use the version of the Software they possess at that time, in perpetuity, according to the terms of this Agreement.

c) Access to new updates released after the expiration of the Update Period may require the purchase of a license extension or a new license, at the Licensor’s discretion.

4. Restrictions and Prohibited Uses

This license is granted with the following explicit restrictions. Your right to use the Software is conditional upon your adherence to these restrictions.

a) Prohibition of Resale: The Licensee is strictly prohibited from Reselling the Software. This restriction applies to the Software in its original, unmodified form, as well as to any Modifications you create. The Software cannot be offered as a stock item, template, or as part of a “website builder” or any service that allows end-users to create their websites using the Software.

b) No Redistribution: The Licensee may not share, distribute, or make the Software available to any third party, except as part of a completed End Product delivered to a client. In such cases, the client receives a license only for the final, compiled End Product and does not receive any rights to use the underlying Software or its source code independently.

c) No Sublicensing: The Licensee may not sublicense any of their rights under this Agreement to any third party.

5. Contractual Penalty for Prohibited Resale

a) The Parties agree that the prohibition on Reselling the Software as detailed in Section 4(a) is a fundamental and essential term of this Agreement. A breach of this prohibition causes significant damage to the Licensor’s business, including but not limited to lost revenue, brand dilution, and unfair competition, the exact quantification of which is difficult.

b) Therefore, in the event the Licensee breaches the prohibition on Resale, the Licensee shall be obligated to pay the Licensor a contractual penalty (in Polish: kara umowna) in the amount of 50,000 USD (fifty thousand United States Dollars).

c) This penalty is a genuine pre-estimate of the damages the Licensor will suffer and is not intended as a punishment.

d) Payment of this penalty does not release the Licensee from the obligation to cease the infringing activity immediately.

e) The Licensor reserves the right to claim further damages in excess of the contractual penalty if the actual loss suffered is greater than the amount specified.

6. Intellectual Property Rights

a) The Licensee acknowledges that this is a license agreement and not a sale. TESSERAKT sp. z o.o. retains all ownership, copyright, title, and intellectual property rights in and to the Software and any Modifications thereof.

b) No rights are granted to the Licensee other than those expressly stated in this Agreement. All other rights are reserved by the Licensor.

7. Term and Termination

a) This Agreement shall be effective from the date the Licensee first acquires the Software and shall remain in force perpetually, unless terminated.

b) The Licensor has the right to terminate this Agreement and the license granted herein immediately and without notice if the Licensee fails to comply with any term or condition, particularly the restrictions outlined in Section 4.

c) Upon termination, the Licensee must immediately cease all use of the Software and destroy all copies of the Software and any Modifications in their possession or control.

8. Disclaimer of Warranty and Limitation of Liability

a) 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 non-infringement.

b) In no event shall the Licensor 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.

9. Governing Law and Jurisdiction

a) This Agreement shall be governed by and construed in accordance with the laws of the Republic of Poland, without regard to its conflict of law provisions.

b) Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the competent courts located in Kraków, Poland.

10. General Provisions

a) Severability: If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect.

b) Entire Agreement: This Agreement constitutes the entire agreement between the Parties concerning the subject hereof and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral.

c) Contact Information: For any questions regarding this license, please contact TESSERAKT sp. z o.o. at info@tesserakt.dev.