Licensing regarding commercial themes.

GPL applies to the code, NOT the css/images. They’re saying here that THEIR license applies to the NON-GPL stuff. I think… It’s a bit sketchy.

The parties acknowledge that some aspects of source code that is licensed under the GNU General Public License, Version 2 (the “GPL”) has been incorporated into files that are part of ProPhoto. You acknowledge that NetRivet has complied in all respects with the terms and conditions of the GPL, including but not limited to providing you with machine/readable source code of ProPhoto. As a condition of your acceptance of the EULA, you further acknowledge: ProPhoto is a separate and independent work from any program governed by the GPL; NetRivet has a copyrightable interest in ProPhoto; it is not a derivative work of any program or work under the GPL; and ProPhoto is not otherwise subject to the terms and conditions of the GPL.

Yeah, but according to the replies on the thread I linked, any “derivative works”, which that is since it has to include WordPress functions, MUST be licensed the same.
They also state it can’t be used on more than 2 sites, which means “no distributing” and that any parts of their code can’t be used.

I don’t know, I guess they found a lawyer that knows the loop holes or something, but from my understanding of it, I don’t see how their EULA is in any way “compliant” with the GPL license other than it just saying it is.

Just because they said it’s legal doesn’t mean it is ?? I think they’re wrong, but I’m Not A Lawyer.