THIS DIYTHEMES SOFTWARE LICENSE AGREEMENT ("AGREEMENT") GOVERNS THE INSTALLATION

AND USE OF THE DIYTHEMES SOFTWARE DESCRIBED HEREIN. THE INSTALLATION AND USE OF
THE DIYTHEMES SOFTWARE WILL BE SUBJECT TO THE ORDER DOCUMENT(S).
YOU WILL BE REQUIRED TO INDICATE YOUR AGREEMENT TO THESE TERMS AND CONDITIONS IN
ORDER TO DOWNLOAD THE SOFTWARE, REGISTER THE SOFTWARE WITH DIYTHEMES AND OBTAIN
LICENSE KEYS (WHEN APPLICABLE) NECESSARY TO COMPLETE THE INSTALLATION PROCESS F
OR THE SOFTWARE. BY CLICKING ON THE "YES" BUTTON OR OTHER BUTTON OR MECHANISM DES
IGNED TO ACKNOWLEDGE AGREEMENT TO THE TERMS OF AN ELECTRONIC COPY OF THIS AGREEM
ENT,OR DOWNLOADING OR INSTALLING THE SOFTWARE, OR USING ANY MEDIA THAT CONTAINS
THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL TE
RMS INCORPORATED BY REFERENCE. THIS AGREEMENT IS ENFORCEABLE AGAINST ANY PERSON
OR ENTITY THAT USES THE SOFTWARE AND ANY PERSON OR ENTITY THAT USES THE SOFTWARE
ON ANOTHER PERSON'S OR ENTITY'S BEHALF. YOU AGREE THAT THIS AGREEMENT IS EQUIVA
LENT TO ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU AGREE TO THESE TER
MS ON BEHALF OF A BUSINESS OR A GOVERNMENT AGENCY, DEPARTMENT OR INSTRUMENTALITY
, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND THAT BUSINESS TO THI
S AGREEMENT, AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT
OF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" REFER HEREIN TO THAT BUSINESS.
THIS SOFTWARE IS BEING LICENSED AND NOT SOLD TO YOU. DIYTHEMES PERMITS YOU TO DOW
NLOAD, INSTALL AND USE THE FUNCTIONALITY OR FEATURES OF THE SOFTWARE ONLY IN ACC
ORDANCE WITH THE TERMS OF THIS AGREEMENT.
1.DEFINITIONS. Capitalized terms not otherwise defined herein can be found inExhibit
2.SOFTWARE PACKAGES.This Agreement will be in effect for the following term, unless ea
rlier terminated as provided herein (the "Term") and with the following features
and functionality:
2.1Thesis Basic: twelve (12) month license; with no add-ons;
2.2Thesis Basic Plus: twelve (12) month license; with two (2) free approved skins;
2.3Thesis Professsional: perpetual license; with two (2) free approved skins, free a
dd-ons (as listed in the Order Document(s)) and updates for Thesis for WordPress
platform.
3.LICENSE GRANTS. Subject to your compliance with the terms and conditions of this Agr
eement, including (as applicable) your timely payment of license fees set forth
in the applicable Order Document (the "License Fees"), DIYthemes grants to you t
he following nonexclusive, worldwide, nontransferable, nonsublicensable, revocab
le, limited licenses during the Term (or such other period of time provided in y
our Order Document) to use:
3.1the Purchased Software solely for your Internal Business Purpose
3.2DIYthemes Extensions solely for use with the Software for your Internal Business P
urpose; and
3.3the DIYthemes API solely for the purpose of developing Extensions for use with the
Software for your Internal Business Purpose (collectively, "Your Extensions").
You agree to assume full responsibility for the performance of Your Extensions,
and shall indemnify, hold harmless, and defend DIYthemes (including all of its o
fficers, employees, directors, subsidiaries, representatives, Affiliates and age
nts) and DIYthemes's licensors and suppliers from and against any claims or laws
uits, including attorney's fees and expenses that arise or result from Your Exte
nsions. You retain title to and copyright for Your Extensions, subject to DIYthe
mes's title to and copyright for the DIYthemes Materials as specified in the Own
ership section below.
5.SOFTWARE RESTRICTIONS.You agree not to (a) use the DIYthemes Materials or Your Exten
sions except as expressly authorized in this Agreement and your Order Document;
(b) copy the Software (except as required to run the Software and for reasonable
backup purposes); (c) modify, adapt, or create derivative works of the Software
; (d) rent, lease, loan, resell, transfer, sublicense (including but not limited
to offering any of the functionality of the DIYthemes Materials or Your Extensi
ons on a service provider, hosted or time sharing basis) or distribute the DIYth
emes Materials or Your Extensions to any third party; (e) decompile, disassemble

or reverse-engineer the Software or otherwise attempt to derive the Software so

urce code; (f) disclose to any third party the results of any benchmark tests or
other evaluation of the Software, or (g) authorize any third parties to do any
of the above. Any consultant, contractor, or agent hired to perform services for
you may operate the Software on your behalf under these terms and conditions, pr
ovided that: (v) you are responsible for ensuring that any such third party agre
es to abide by and fully comply with the terms of this Agreement on the same bas
is as applicable to you; (x) such use is only in connection with your Internal B
usiness Purpose; (y) such use does not represent or constitute an increase in th
e scope of the licenses provided hereunder; and (z) you remain fully liable for
any and all acts or omissions by such third parties related to this Agreement. A
ny violation of this Section shall be a material breach of this Agreement subjec
t to immediate termination of this Agreement for which no notice from DIYthemes
shall be required.
6.OWNERSHIP.DIYthemes, its suppliers and/or its licensors own all worldwide right, tit
le and interest in and to the DIYthemes Materials, including all worldwide paten
t rights (including patent applications and disclosures); copyright rights (incl
uding copyrights, copyright registration and copy rights with respect to compute
r software, software design, software code, software architecture, firmware, pro
gramming tools, graphic user interfaces, reports, dashboard, business rules, use
cases, screens, alerts, notifications, drawings, specifications and databases);
moral rights; trade secrets and other rights with respect to confidential or pr
oprietary information; know-how; other rights with respect to inventions, discov
eries, ideas, improvements, techniques, formulae, algorithms, processes, schemat
ics, testing procedures, technical information and other technology; and any oth
er intellectual and industrial property rights, whether or not subject to regist
ration or protection; and all rights under any license or other arrangement with
respect to the foregoing. Except as expressly stated in this Agreement, DIYthem
es does not grant you any intellectual property rights in the DIYthemes Material
s, and all right, title, and interest in and to all copies of the DIYthemes Mate
rials not expressly granted remain with DIYthemes, its suppliers and/or its lice
nsors. The DIYthemes Materials are copyrighted and protected by the laws of the
United States and other countries, and international treaty provisions. You may
not remove or obscure any copyright, trademark, and/or any other intellectual pr
operty or proprietary notices from the DIYthemes Materials.
7.PURCHASED SOFTWARE LICENSE AND FEES.In order to access and use the Purchased Softwar
e, you are required to pay to DIYthemes the license fees set forth in your Order
Document (the "License Fees"). The License Fees will be due and payable in acco
rdance with the terms set forth in your Order Document. Any failure to pay the L
icense Fees in accordance with an Order Document may result in automatic revocat
ion and termination of this Agreement and all rights and licenses granted hereun
der in DIYthemes's sole discretion. All License Fees are non-refundable once pai
d. Any fees and payment terms for DIYthemes Extensions will be identified on your
Order Document or on www.DIYthemes Store.com.
8.MAINTENANCE AND SUPPORT.Subject to your payment of the applicable annual maintenance
and support fees set forth in your Order Document (the "Support Fees"), DIYthem
es will provide the level of support for the Purchased Software identified in yo
ur Order Document. Currently, Technical support is only available via the suppor
t forum, and can be reached at support@diythemes.com.
10.PURCHASED SOFTWARE REFUND.DIYthemes will for a period of thirty (30) days after the
earlier of delivery or registration of the Purchased Software with DIYthemes, r
efund the payment for the Purchased Software. You acknowledge that the Purchased
Software is provided on an "as is" basis, and DIYthemes disclaims any warranty o
r liability obligations to you of any kind with respect to the Purchased Softwar
e.
11.WARRANTY DISCLAIMER.EXCEPT AS SET FORTH IN SECTION10ABOVE, DIYTHEMES, ITS AFFILIAT
LICENSORS AND SUPPLIERS PROVIDE THE DIYTHEMES MATERIALS AS-IS AND EXPRESSLY DIS
CLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION T
HE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONI
NFRINGEMENT, QUIET ENJOYMENT, INTEGRATION AND WARRANTIES ARISING OUT OF COURSE O

F DEALING OR USAGE OF TRADE. YOU AGREE THAT, AS BETWEEN YOU AND DIYTHEMES, YOU A
RE RESPONSIBLE FOR THE ACCURACY AND QUALITY OF YOUR DATA INPUT INTO ANY DIYTHEME
S MATERIALS. BECAUSE THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME STATES
OR JURISDICTIONS, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
12.LIMITATION OF LIABILITY.TO THE EXTENT PERMITTED BY APPLICABLE LAW, DIYTHEMES'S TOTA
L CUMULATIVE LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIA
BILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO DIYTHE
MES UNDER THE APPLICABLE ORDER DOCUMENT GIVING RISE TO SUCH LIABILITY IN THE TWE
LVE MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. IN NO EVENT WILL DI
YTHEMES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA, OR PROFITS, BUSINESS INTERRUPTIO
N, OR COSTS OF PROCURING SUBSTITUTE DIYTHEMES MATERIALS) ARISING OUT OF OR IN CO
NNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE DIYTHEMES MATERIAL
S, WHETHER SUCH LIABILITY ARISES FROM CONTRACT, WARRANTY, TORT (INCLUDING NEGLIG
ENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT DIYTHEMES HAS BEEN ADVI
SED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES HAVE AGREED THAT THES
E LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY REMEDY IS FOUND TO HAVE FAILED
OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, DIYTHEMES WILL HAVE NO
LIABILITY OR RESPONSIBILITY FOR ANY BUSINESS INTERRUPTION OR LOSS OF DATA ARISI
NG FROM THE AUTOMATIC TERMINATION OF THE LICENSE RIGHTS GRANTED HEREIN AND ANY A
SSOCIATED CESSATION OF THE FUNCTIONS OF THE DIYTHEMES MATERIALS. BECAUSE SOME ST
ATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR I
NCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.DIYTHEMES IS ACTING
ON BEHALF OF ITS AFFILIATES, LICENSORS AND SUPPLIERS FOR THE PURPOSE OF DISCLAIM
ING, EXCLUDING AND LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY, BUT IN NO OTH
ER RESPECTS AND FOR NO OTHER PURPOSES.
14.TERMINATION.DIYthemes may terminate this Agreement (and your license rights) upon n
otice in the event that you breach any provision of this Agreement and have not
cured the breach during such notice period. Notwithstanding the foregoing, a mat
erial breach of any license granted to you shall be grounds for immediate termin
ation. Upon any expiration or termination of this Agreement, the rights and lice
nses granted hereunder will automatically terminate, and you agree to immediatel
y cease using the DIYthemes Materials and to return or destroy all copies of the
DIYthemes Materials, including any documentation, and other DIYthemes proprieta
ry or confidential information in your possession or control and certify in writ
ing the completion of such return or destruction. In the event of termination of
this Agreement, DIYthemes will have no obligation to refund any License Fees, S
upport Fees, or other fees received from you during the Term. Section 1 (Definit
ions), Section 3.3 (solely with respect to indemnity), Section6(Ownership), Sectio
n11(Warranty Disclaimer), Section12(Limitation of Liability), Section13(Purchased Soft
ware Indemnity), Section14(Termination) and Sections15(Severability) through21(Genera
l) shall survive termination of this Agreement
15.SEVERABILITY.Unless otherwise provided herein, all rights and remedies, whether con
ferred hereunder or by any other instrument or law, will be cumulative and may b
e exercised singularly or concurrently. The failure by either party to enforce a
ny provisions of this Agreement will not constitute a waiver of any other right
hereunder or of any subsequent enforcement of that or any other provisions. The
terms and conditions stated herein are declared to be severable. If a court of c
ompetent jurisdiction holds any provision of this Agreement invalid or unenforce
able, the remaining provisions of the Agreement will remain in full force and ef
fect, and the provision affected will be construed so as to be enforceable to th
e maximum extent permissible by law.
18.PUBLICITY. You agree that DIYthemes may publish a brief description highlighting yo
ur deployment of the Software, identify you as a DIYthemes customer on any of DI
Ythemes's websites, client lists, press releases, and/or other marketing materia
ls.
19.THIRD PARTY CONTENT DISCLAIMER.Most of the DIYthemes Extensions and content ("Third
-Party Content") on DIYthemes Store are submitted by third parties. Such Third-P
arty Content is the sole responsibility of the originator of that Third-Party Co
ntent. DIYthemes is not responsible for any Third-Party Content, whether or not

DIYthemes reviewed or moderated such Third Party Content. You agree that you bea
r all risks associated with using or relying on the Third Party Content. DIYtheme
s does not in any way warrant the accuracy, reliability, completeness, usefulnes
s, non-infringement, or quality of any Third-Party Content, regardless of who or
iginated that content (including our employees, partners, Affiliates or moderato
rs), and even if an application is designated as "DIYthemes Approved". DIYthemes
hereby disclaim all warranties, including but not limited to any implied warran
ties of merchantability, quiet enjoyment, integration or fitness for a particula
r purpose, relating to Third Party Content. DIYthemes shall not be liable or resp
onsible in any way for any loss or damage of any kind, including but not limited
to lost profits, loss of use, data, business interruption, costs of procuring s
ubstitute software or other indirect or consequential damages, relating to your
use of or reliance upon any Third Party Content.
20.CHOICE OF LAW AND DISPUTES.This Agreement will be considered as having been entered
into in the State of Texas, and will be interpreted exclusively in accordance wi
th the laws of the State of Texas. The parties to this Agreement irrevocably an
d unconditionally consent to the exclusive jurisdiction and venue of the state a
nd Federal courts located in Travis County, Texas in connection with any action
related to this Agreement.
21.GENERAL.All notices required or permitted under this Agreement or any Exhibit heret
o will be in writing and delivered in person, by confirmed facsimile transmissio
n, by overnight delivery service, or by registered or certified mail, postage pr
epaid with return receipt requested, and in each instance will be deemed given u
pon receipt. All communications will be sent to the addresses set forth in the ap
plicable Order Document(s) or to such other address as may be specified by eithe
r party to the other party in accordance with this Section. You may not assign,
delegate or transfer this Agreement, in whole or in part, by agreement, operatio
n of law or otherwise. DIYthemes may assign this Agreement in whole or in part to
(i) an Affiliate, upon written notice to you (such notice to be delivered elect
ronically or otherwise) or (ii) in connection with an internal reorganization or
in connection with a merger, acquisition, or sale of all or substantially all o
f DIYthemes's assets. Any attempt to assign this Agreement other than as permitt
ed herein will be null and void; provided, however, DIYthemes may assign its rig
hts to receive payment due as a result of performance of this Agreement. Subject
to the foregoing, this Agreement will bind and inure to the benefit of the part
ies' permitted successors and assigns. This Agreement along with any additional t
erms incorporated herein by reference, including any Order Documents and any Exh
ibits hereto, constitute the complete and exclusive understanding and agreement
between the parties and supersede any and all prior or contemporaneous agreement
s, communications and understandings, written or oral, relating to their subject
matter. Any waiver, modification or amendment of any provision of this Agreemen
t will be effective only if in writing and signed by duly authorized representat
ives of both parties. Any terms and conditions contained or referenced by either
party in a quote, purchase order, acceptance, invoice or any similar document pu
rporting to modify the terms and conditions contained in this Agreement shallbe d
isregarded and have no effect unless otherwise expressly agreed to by the partie
s in accordance with the preceding sentence.

EXHIBIT A
DEFINITIONS
1."Affiliate" means, with respect to any person or entity, any other person or entity
that directly or indirectly Controls or is Controlled by such person or entity,
from time to time, but only for so long as such Control exists. "Control" and i
ts grammatical variants means (i) a general partnership interest in a partnershi
p, or (ii) the beneficial ownership of a majority of the outstanding equity enti
tled to vote for directors.
2."Enhancements" means any updates, upgrades, releases, fixes, enhancements or modifi
cations to the Software, DIYthemes Developer API or DIYthemes Extensions.
3."Extensions" mean any separate downloadable suite, add-on, command, function, or ap
plication, including any example module, which extend the Software.
4."Internal Business Purpose" means the use of any of the DIYthemes Materials, as app
licable, only for Your internal businessuse withYour systems, networks, devices an
ddata. Such usedoes not include useof Your systems, networks or devices as part of s
ervices You provide for athird party's benefit.
5."Order Document(s)" mean the purchase order or any equivalent ordering document and
the order confirmation that detail the components, solutions, and quantities of
your purchase of the Software.
6."Purchased Software" means Software purchased through DIYthemes.
7."Software" means the software components listed in the Order Document(s) which have
a valid license.
8."DIYthemes" means DIYthemes Inc., a Texas Limited Liability Company, located in Aus
tin, Texas with a PO box of 5429, Austin, TX 78763.
9."DIYthemes API" means the documentation and functionality included with the Softwar
e which enable the creation of Extensions.
10."DIYthemes Extensions" mean any Extensions downloadable through DIYthemes's online
store.
11."DIYthemes Materials" mean the Software, DIYthemes Developer API, the DIYthemes Ex
tensions and/or the Enhancements and any derivatives to any of them.