Commercial Theme Usage License Agreement

This Commercial Usage License (“CUL”) Agreement contains the terms and conditions governing your download and use of the themes available for download from the Website on the payment of requisite fee on FabThemes.com (“Website”). You hereby accept and agree to abide by the terms and conditions contained in this CUL Agreement (“License”). If you are acting on behalf of a company or an organization, you represent and warrant that you are authorized to act as such and have requisite permissions and authorizations to bind such company and/or organization to this License. You further represent and warrant that you are 18 years and above, or possess parental/guardian’s consent to download the free themes available for download on the Website, and are not otherwise disqualified from entering into a legally binding agreement.

  1. This License grants you a limited, non-exclusive and non-transferable right to use the theme available for download from the Website for Commercial (revenue generating) website/portal.
  2. Subject to the payment of requisite fee and the terms and conditions contained herein, the themes or any modifications thereof available for download from the Website, may be used for commercial purposes website/portal, excluding sale, resale, lease, rent or sub-license of such theme.
  3. You may not reverse engineer or decompile such themes for purposes of financial benefit from the theme code and/or usage of the design style.
  4. Further, except for Non-profit Organizations, this commercial usage license shall not be valid unless accompanied by a Purchase Transaction Receipt. Non-profit Organizations should hold Commercial Usage approval letter from the Website.
  5. These themes are only licensed to you, and not sold to you. In other words, you may not claim any proprietary or intellectual property rights on such themes. In this regard, you may modify the themes so downloaded from the Website; however, you agree not to tamper with any copyright notices and any other proprietary rights notices appearing on such themes and the supporting documentation on any copies of the themes that you make.
  6. You shall not export or re-export such themes or accompanying documentation (or any copies thereof) or any products utilizing such themes or such documentation in violation of any applicable laws or regulations.
  7. This License is granted exclusively for the lawful use of the themes available for download from the Website on the payment of requisite fee.
  8. The terms of this License should be read in conjunction with the Terms of Use of the Website. In case of any inconsistency between the terms contained in this License and the Terms of Use of the Website, the provisions contained herein shall apply to the extent necessary to resolve the inconsistency.
  9. Breach of any of the provisions contained herein shall result in termination of the License, which means that you shall be disqualified from downloading any theme available for download from the Website on the payment of requisite fee.
  10. This License Agreement shall be construed and governed by the laws applicable in Delaware, USA.
  11. The themes and documentation are provided on an “AS IS” basis and all risk is with you. We make no warranties, express, implied or statutory, as to any matter whatsoever. In particular, any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties rights are expressly excluded.
  12. We make no representations or warranties that the themes and documentation provided are free of errors or viruses or that the themes and documentation are suitable for your intended use.
  13. Limitation of Liability: In no event shall we be liable to you or any other party for any incidental, special or consequential damages, loss of data or data being rendered inaccurate, loss of profits or revenue, or interruption of business in any way arising out of or related to the use or inability to use the themes and/or documentation, regardless of the form of action, whether in contract, tort (including negligence), strict product liability or otherwise, even if we have been advised of the possibility of such damages.
  14. Indemnity: You agree to indemnify, hold harmless, and defend the Company, its suppliers and resellers, from and against any claims or lawsuits, including attorney’s fees that may arise from your use or distribution of themes available for download from the Website on the payment of requisite fee.
  15. In the event any provision of this License is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired.

 

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