License Agreement

Version 2.0, July 31, 2023

This Gradient Page License Agreement (“Agreement”) is a legal contract between you, the Licensee (either as an individual or an entity), and Magicspace FZ-LLC, the Licensor, pertaining to the use of the Gradient Page gradient wallpaper pack and all related imagery, software or content (referred to collectively as the "Content").

Your installation, copying, downloading, sharing, or any other use of the Content signifies your consent to abide by the stipulations of this Agreement. If you disagree with the terms of this Agreement, you are not authorized to use or distribute the Content.

Grant of License.

The Licensor, under the provisions of this Agreement, grants the Licensee a non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free license to utilize, replicate, alter, and distribute the Content, provided it is strictly for the Licensee’s internal business operations or personal non-commercial purposes.

Purchase for Commercial and Personal Use.

For the commercial and personal use of the Content beyond the restrictions specified in the "Grant of License" section, the Licensee must purchase a separate license from the Licensor. A free sample of six gradient wallpapers from each pack is available for personal, non-commercial use only. Commercial use of these free samples is strictly prohibited.

Restrictions.

The Licensee is expressly prohibited from:

(a) selling, leasing, renting, sublicensing, transferring, or presenting the Content as their own for sale to any third party. This explicitly includes, but is not limited to, the reselling of our gradient wallpapers or any other Content as a product or service of the Licensee or any other third party. For opportunities to collaborate with Magicspace FZ-LLC, please refer to our affiliate program;

(b) reverse engineering, decompiling, or disassembling the Content, except where required by applicable law;

(d) using the Content in any way that infringes the intellectual property rights of the Licensor or any third party.

Ownership and Intellectual Property.

The Licensor retains all rights, title, and interest in the Content, inclusive of all intellectual property rights. The Content is safeguarded by copyright and other intellectual property laws and treaties. The Licensee acknowledges that no title to the intellectual property in the Content is transferred under this Agreement.

Termination.

This Agreement remains valid until terminated. The Licensor reserves the right to terminate this Agreement immediately upon notification to the Licensee if the Licensee breaches any term of this Agreement. Upon termination, the Licensee must immediately destroy all copies of the Content in its possession or control.

Disclaimer of Warranties.

The Content is supplied “as is” without any warranty of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, and non-infringement. The Licensor offers no guarantees that the Content will meet the Licensee’s requirements or that the operation of the Content will be uninterrupted or error-free.

Limitation of Liability.

The Licensor shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, incurred as a result of or in connection with this Agreement or the use or inability to use the Content, even if the Licensor has been notified of the potential for such damages. The Licensor’s total liability under this Agreement shall not exceed the amount paid by the Licensee for the Content.

Governing Law and Jurisdiction.

This Agreement shall be interpreted and enforced in accordance with the laws of the United Arab Emirates and the state of Ras Al Khaimah, regardless of any principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Any disputes arising from or related to this Agreement shall fall within the exclusive jurisdiction of the courts of Ras Al Khaimah.

General Provisions.

This Agreement comprises the complete understanding between the parties concerning its subject matter and supersedes any prior or contemporaneous agreements, either oral or written. Any waiver, modification, or amendment of any provision of this Agreement shall be valid only if made in writing and signed by both parties. If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.