Thanks for the update @openmtbmap. I couldn't see those terms embedded in the software because I can't look at the optimizePress software since it is proprietary
One could certainly put a case forward that the license in the software overrides the T&Cs signed when purchasing the product but it would be an argument that would have to be fought in court...lawyers dream. And the T&Cs state that it would be arbitrated in the U.K. so if you live anywhere else in the world that's an expense not worth the risk for this software. I tend to stay away from any WordPress software with ambiguous legal terms. This would be one of those cases. Keep in mind the following optimizePress term makes losing a challenge expensive:
"In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party."
Based on my experience with lawyers and patent / contract law the purchase T&Cs are more recent and are accepted by you when you purchase the software which is before you get to read the software license terms. In any case its sloppy legals and since they are the Copyright Owner and the purchase T&Cs include the following three clauses it is likely, in my opinion, that the courts would side with Optimizemember :
"Carefully read the following license agreement. By visiting this website and purchasing our software you accept and agree to be bound by this license agreement and its terms. If you do not agree to this license, we ask that you do not make any further use of our website or services and leave our website."
"You understand that breach of any of the terms listed here are grounds for immediate termination of your account and forfeiture of any licenses without refund or recourse."
"This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software."
So the way the terms are stacked anyone purchasing the software knows in advance that they are purchasing proprietary software. The fact that the software sloppily includes cut&paste terms from the 2013 S2Member fork is something you learn after you already agreed to terms. The software terms do not include a term that overrides all previous agreements...the T&Cs agreed to on purchase do.
For an individual purchasing Optimizemember for their own use and content to pay a yearly fee these are all non-issues. If you are a Developer / Designer / Agency managing client sites these legals can be a barrier to your fixing issues your clients want fixed in a timely manner but only if optimizePress chooses not to address the issue once you raise it with them via their support channel.
My company is a Managed Service provider so if there are any issues of import to our clients they need to be addressed immediately so our software stack must be based on 100% opensource. S2Member was the one exception to the rule we made and for which we are now paying the price. So we'll fork the open-source S2Member and backfill for the few proprietary features we chose to use.
With the details I provided and your additional details people can make an informed decision and that's as good as it gets I think. Thanks for your additional license details. It is much appreciated.