Pen & Ink Comics, Ltd. (“Pen & Ink Comics”) is the publisher of the Fool Moon Comics (the “Comics”).
In consideration of the purchase price paid to purchase a limited interest in certain Comics (the “Licensed Comics”) selected by the purchaser (the “Licensee”), Pen & Ink Comics hereby grants to Licensee a non-exclusive license to publish the Licensed Comics once in any publication medium anywhere in the world in any language on any date within one year of the date of such purchase. Pen & Ink Comics imposes no restrictions as to the size or placement of any Licensed Comic in any such publication medium. Notwithstanding the foregoing grant of license, Pen & Ink Comics shall have the right to terminate such license should the Licensee publish any Licensed Comic in any publication medium which Pen & Ink Comics determines, in its sole discretion, to be offensive or otherwise inappropriate for publication of the Comics or any of them. Pen & Ink Comics reserves all rights to the use of the FOOL MOON trade-mark and the copyright in the Licensed Comics which are not expressly granted to Licensee in these terms and conditions, including without limitation the right to produce and sell and grant licenses to third parties to produce and sell products in association with such trade-mark or which use the copyright in the Licensed Comics, and the right to grant non-exclusive licenses of the copyright in the Licensed Comics to other persons.
Licensee agrees that it shall:
(a) not alter the Licensed Comics in anyway without the prior written consent of Pen & Ink Comics.
(b) not challenge, dispute or contest the ownership, validity or enforceability of the FOOL MOON trade-mark or the copyright in the Comics or attempt any registration thereof;
(c) execute all documents reasonably requested by Pen & Ink Comics to effect registration, maintenance and renewal of any registration respecting the FOOL MOON trade-mark or the copyright in the Licensed Comics; and
(d) acknowledge Pen & Ink Comics as owner of the FOOL MOON trade-mark and copyright in the Licensed Comics in any copy of the Licensed Comics published by or on behalf of Licensee.
Licensee acknowledges that Pen & Ink Comics makes no representation or warranty, and there are no conditions or collateral agreements, whether express, implied, statutory, at common law or otherwise, regarding the validity, ownership or enforceability of the FOOL MOON trademark or copyright in the Comics.
The license granted above is personal to the Licensee and may not be assigned or conveyed, in whole or in part, without the prior written consent of Pen & Ink Comics, and any attempt to do so without such consent shall be void.
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