Mural hereby grants you a non-exclusive, limited license, solely to use the Service subject to the terms and conditions set forth of this Agreement.
Your license is subject to the terms, conditions, and restrictions set forth in this Agreement and in any written notice provided to you by Mural at the time of service.
All right, title, and interest in the Service, is and will remain the sole and exclusive property of Mural, its licensors, and their successors and assigns. Other than the limited license explicitly set forth in this Agreement, no interest in or rights or licenses to the Service are granted to you, and no interest in or rights or licenses to the Service will inure in or accrue to you, whether by implication, estoppel, or otherwise. All rights of any kind in the Service that are not expressly granted in this Agreement are entirely and exclusively reserved by Mural, its licensors, and their successors and assigns.
Mural represents and warrants that it has the right and authority to enter into this Agreement with you and grant you the rights herein granted. Mural warrants that the Service shall be free of material defects which would prevent it from functioning normally. Notwithstanding the foregoing, each computer system is different, and the Service may not function on your system through no fault of Mural or the Service.
EXCEPT AS SPECIFIED HEREIN, THE SERVICE IS BEING PROVIDED "AS IS." MURAL MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MURAL AND ITS LICENSOR(S) EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR YOUR INTENDED PURPOSE. YOU HEREBY ASSUME ANY AND ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICE.
USE OF THE SERVICE MAY RESULT IN DATA LOSS, CORRUPTION OR IRRETREAVABILITY OF ANY TYPE, THE RISK OF WHICH YOU EXPRESSLY ASSUME.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER MURAL NOR ITS LICENSOR(S) SHALL BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE SERVICE, WHETHER FRAMED AS A BREACH OF WARRANTY, IN TORT, IN CONTRACT, OR OTHERWISE. IN NO EVENT SHALL MURAL'S LIABILITY FOR ANY CLAIM ARISING FROM THE USE OF THE SERVICE EXCEED THE FEES PAID FOR THE SERVICE, REGARDLESS OF THE NUMBER OR TYPE OF CLAIMS.
By entering into this Agreement and licensing the Service, you agree to defend, indemnify and hold harmless Mural, its affiliates and their respective directors shareholders, officers, members, agents, employees successors and assigns and the licensor(s) of the Service, from and against any and all liability, damages and loss, costs and expenses (including without limitation attorneys' fees and costs), arising from or related to your breach of this Agreement, your unauthorized use of the Service, or any and all liability arising from the Licensed Work.
This Agreement will commence at the time you click the "ACCEPT" button and will continue until terminated. Either party may terminate this Agreement on the other party's material breach of any term of this Agreement and the breaching party's failure to cure within fourteen (14) days written notice from the non-breaching party. This Agreement shall terminate automatically upon your insolvency, assignment for the benefit of creditors, or the appointment of a receiver. On termination of this Agreement for any reason, you must immediately cease all use of the Service in any form and immediately return or destroy all copies of the Service in your possession or control. Except as otherwise stated in this Agreement, any provisions in this Agreement that by their sense and context are intended to survive the termination of this Agreement will survive such termination.
This Agreement will be governed by and construed in accordance with the laws of the state of Oregon, U.S.A., without regard to Oregon’s conflict-of-laws principles. The parties agree that any claim asserted in any legal proceeding by one party against the other will be commenced and maintained exclusively in state or federal court located within the state of Oregon. Both parties hereby submit to the jurisdiction of such courts over each of them personally in connection with such litigation, and waive any objection to venue in such courts and any claim that such forum is an inconvenient forum.
You agree that the remedy at law for any breach or threatened breach of this Agreement by you would, by its nature, be inadequate, and that in that event Mural will be entitled, in addition to damages, to a restraining order, temporary or permanent injunctive relief, specific performance, and other appropriate equitable relief, without showing or providing that any monetary damage has been sustained.
This is the entire agreement between the parties with respect to the subject matter of this Agreement. It supersedes all prior or contemporaneous agreements, understandings, or representations with respect to the Service. This Agreement may not be modified or amended except in a writing signed by both parties.
ACCEPT DECLINE
