BY DOWNLOADING AND/OR USING THIS WEB TEMPLATE YOU AGREE TO THE FOLLOWING LICENSE:
“You” and “Licensee” refers to the person, entity or organization which is downloading and/or using the Web Template from protheosthemes.com website, and any successor or assignee of same.
“This Agreement” refers to this license agreement, and terms and conditions specified herein.
?Web Template? refers to any Protheos project, website template, theme, skin, or any copyrightable work licensed under This Agreement.
“Protheos” refers to the website www.protheosthemes.com, its owner, and its successors, or manufacturer and owner of this Template.
After reading this agreement carefully, if you (Licensee) do not agree to all of the terms of this agreement, you may not download or use this Web Template. Your download or use of this Web Template indicates your acceptance of This Agreement. All updates to the Web Template provided by Protheos shall be considered part of the Web Template and subject to the terms of this Agreement. Changes to this Agreement may accompany updates to the Web Template, in which case by installing such update Licensee accepts the terms of the Agreement as changed. If you do not wish to agree to the terms of this Agreement, do not download or use this Web Template.
1. OWNERSHIP OF WEB TEMPLATE AND COPYRIGHTS
1.1 The Web Template is copyrighted and protected by the laws of Canada and other countries, and international treaty provisions. Protheos may make changes to the Web Template at any time without notice, but is not obligated to support or update the Web Template.
1.2 Except as otherwise expressly provided, Protheos grants no express or implied right under Protheos patents, copyrights, trademarks, or other intellectual property rights.
1.3 You may remove copyright notices (if any) from the Web Template prior to installing Web Template on your website.
1.4 You may transfer Web Template or install Web Template on 3rd party website only if the recipient agrees to be fully bound by This Agreement.
2.1 You are authorized to make any modification(s) to Web Template.
3. AUTHORIZED USE
3.1 You may use Web Template on a website intended for personal, nonprofit or commercial purposes.
4.1 You may link from a website to the www.protheosthemes.com web page where you have downloaded Web Template. You may not link directly to Web Template download file.
4.2 You may not make Web Template, modified or unmodified, available for download from any website.
4.3 You may not redistribute or resell Web Template in any form.
4.4 ACF PRO files on this and other Protheos project is not to be used or distributed outside of the Web Template.
5. LIMITED WARRANTY
5.1 THE WEB TEMPLATE IS PROVIDED AS IS AND PROTHEOS DISCLAIMS ALL WARRANTIES RELATING TO THIS WEB TEMPLATE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.1 This Agreement terminates immediately if you violate the terms of This Agreement.
6.2 You agree that monetary damages alone is not an adequate and just relief resulting from any breach of This Agreement, that a court order prohibiting any further breach of This Agreement may be issued to prevent further damages, and that you will not oppose any reasonable request for a temporary restraining order, preliminary injunction, or other relief sought by Protheos in the event of a breach of This Agreement.
6.3 Protheos shall not be required to notify you of any breach, nor make any demand or claim against you resulting from any such breach, or a demand to stop any use or distribution in violation of the terms of This Agreement, and you agree that any breach of This Agreement and damages resulting therefrom shall relate back to the first and earliest breach thereof.
6.4 Failure of Protheos to enforce its rights pursuant to This Agreement shall not constitute a waiver of such rights, and shall not prejudice Protheos in any later enforcement of its rights or rights to seek damages therefrom.
7. ENTIRE AGREEMENT
7.1 This Agreement is the entire agreement between you and Protheos relating to the Licensed Web Template, and supersedes all prior written or oral statements, promises, representations and agreements.
8. GOVERNING LAW
8.1 The agreement shall be governed by the laws of the Province of Alberta.
8.2 Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a state or federal court of competent jurisdiction located in Calgary, Alberta. The parties hereby consent to the personal jurisdiction of such courts.