Subject to the terms and conditions hereof, West Virginia University (“WVU”) hereby grants to You, and You hereby accept from WVU, a limited, non-exclusive, non-transferable and revocable license (“License”) to download a copy of the materials set forth on the “WVU Downloads” web-site, onto a single computer for private personal, non-commercial use, provided You do not remove any copyright, trademark or other such notices from the materials downloaded. Except as otherwise expressly provided for herein, WVU reserves and retains all rights of any kind related to WVU Downloads. Without limiting the generality of the foregoing sentence, as between WVU and You, all rights, including all copyright, trademark and other proprietary rights now or hereafter existing in all files and materials contained or transmitted as part of WVU Downloads, including, without limitation, all text, artwork, video, graphics, logos, titles, photographs, sound recordings, and software, are the sole and exclusive property of WVU, and may not be reproduced, transmitted, distributed, publicly performed or displayed or used in any manner for commercial or promotional purposes without WVU’s prior written consent. Further, except as we may specifically state otherwise on WVU Downloads, the reproduction of any such material on any other website or networked computer environment is hereby prohibited. WVU shall have the right to revoke the License, and You shall cease to use, in any way, any of the materials referenced herein, with notice of a breach of the terms hereof, or any other applicable WVU policy or federal, state or local law. You hereby agree to indemnify, defend and hold harmless WVU, and its affiliates, officers, employees, agents and representatives, from any and all claims, damages, liabilities, losses, penalties and expenses (including reasonable attorneys’ fees) arising out of, or related to, any breach of, or use inconsistent with, the terms and conditions hereof. WVU also reserves the right to pursue any and all remedies available to it at law or in equity, and to change or cancel, at its discretion, the License or the terms and conditions hereof, with notice.