BY CLICKING ON THE PURCHASE BUTTON, YOU BECOME A PARTY TO THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD. YOU MAY PRINT THE WEB PAGE CONTAINING THIS LICENSE OR SAVE IT AS A FILE ON YOUR COMPUTER.

This Licensing Agreement (the “Agreement”) is between you (the “Licensee”) and Protomythological Forms (“Licensor”).

1. Definitions

 

• “Website” means the websites located at www.protomythologicalforms.com and www.promythforum.net.

 

• “Image” means the image Licensee is purchasing from Licenses through the Website.

 

• “Personal Device” means a cellular phone, tablet, or computer.

 

• “Purchase Price” means the dollar amount listed on the Website for purchase of the Image.

 

2. Grant of License

Licensor hereby grants Licensee a personal, nonexclusive license, nontransferable, nonassignable, limited license to use the Image for display on a single Personal Device during the term of this Agreement, subject to the following conditions:

• You may use the Image subject to the terms and conditions of this License for your personal use;

 

• You may not modify or decompile the Image or create derivative works based on the Image. You may not distribute, rent, lease, sell, license, or otherwise transfer rights in the Image to any other person or entity or make any other commercial use of the Image. You must retain all copyright and trademark notices on the Image and take reasonable steps to protect Licensor’s intellectual property rights. Except as specifically set forth in this Agreement, Licensor owns and retains all right, title, and interest in the Image and any and all related materials. This Agreement does not transfer any ownership rights in the Image or any related materials to you or to any third party;

 

• You may not reproduce or publicly display the image in any form, including but not limited to digitally or physically; and

 

• You may not transfer the Image, via e-mail or otherwise, to any device other than the single Personal Device to which the Image is downloaded and for which this license is granted.

 

3. License Fee

In consideration of the grant by Licensor to Licensee of the personal, nonexclusive, nontransferable, nonassignable limited license set forth in Section 2, Licensee shall pay Licensor the Purchase Price, which shall constitute a nonrefundable licensing fee.

4. Assignment

Licensee shall not assign or transfer any interest in this Agreement whether by merger, consolidation, operation of law or otherwise without the prior written consent of an authorized representative of Licensor.

5. Non-Exclusive Rights

Notwithstanding any provision herein to the contrary, Licensor may license firms, individuals, partnerships and corporations to use the Image in any part of the world, and Licensor reserves all rights pertaining to the Image.

6. Disclaimer

THE IMAGE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF (a) MERCHANTABILITY, (b) FITNESS FOR A PARTICULAR PURPOSE, AND (c) NONINFRINGEMENT. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE IMAGE. SHOULD THE IMAGE OR THE FILE CONTAINING THE IMAGE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE RISK OR COST ASSOCIATED WITH SUCH DEFECT.

7. Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY LAW, LICENSOR IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING THE LOSS OF PROFITS, REVENUE, DATA, OR USE OR COST OF SUBSTITUTE GOODS INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF LICENSOR OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Termination

This license will commence upon payment of the Purchase Price and continue for as long as (1) the Image remains on the single Personal Device to which it was downloaded and (2) Licensee continues to the own the single Personal Device to which the Image was downloaded, unless Licensee fails to comply with the terms of this Agreement. If you fail to comply with the limitations described above, this license will terminate automatically. On termination, Licensee must destroy all copies of the Image.

9. Protection of Licensed Materials

Licensee shall cooperate to the fullest extent possible with Licensor, as Licensor in its sole discretion may consider necessary, to protect the Image. Licensee will fully cooperate with Licensor in maintaining and defending the ownership and validity of the Image against infringement and claims of infringement. Licensee will promptly notify Licensor of any infringement or unauthorized use of the Image by any third party. Licensee shall not initiate or defend any legal action relating to the Image without Licensor’s prior written consent.

10. Equitable Remedies

In the event Licensee breaches, or threatens to breach, any of the covenants expressed herein, the damages to Licensor will be great and irreparable and difficult to ascertain; therefore, Licensor may apply to a court of competent jurisdiction for injunctive or other equitable relief to restrain such breach or threat of breach, without disentitling Licensor from any other relief in either law or equity.

11. Indemnification

Licensee agrees to indemnify, defend and hold harmless Licensor from and against any and all damage, cost liability and expenses of any kind whatsoever (including reasonable attorneys’ fees) arising directly out of, (a) any breach of this Agreement by Licensee; or (b) any claim by a third party relating to Licensee’s action in any licensing activity of the Image by Licensee.

12. Miscellaneous

This Agreement represents the complete agreement between the parties concerning the Image and this license and supersedes any and all prior agreements or representations. This Agreement may only be amended by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under North Carolina law as if this Agreement had been entered into between North Carolina residents and fully performed within North Carolina.