License Agreement
CARTOONPAINT.COM LICENSE AGREEMENT
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COPYING (OR EXTRACTING) CARTOONPAINT.COM'S CONTENT DOWNLOADED FROM THIS SITE (OR ANY OTHER) TO YOUR COMPUTER INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE PROVISIONS OF THIS LICENSE AGREEMENT, YOU SHOULD IMMEDIATELY DELETE ANY CARTOONPAINT.COM CONTENT
TERMS AND CONDITIONS:
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1. LICENSE. Subject to the terms and conditions of this Agreement, and in consideration of payment of the License Fee, which was a part of the price you paid for your product, CartoonPaint.com (the "Licensor") hereby grants to you (the "Licensee") a nonexclusive, nontransferable and nonassignable license to view and use a copy of the Zipped Content (all instructional movies, files, parts and elements enclosed in the Zip are hereinafter referred to as the "Content") on a single computer system only at a single location. Licensor reserves all rights not expressly granted to you as Licensee in this License Agreement.
2. OWNERSHIP OF CONTENT. The license granted herein is not a sale of the original Content or of any copy of the Content. As Licensee, you own only the rights to use the Content as described herein. LICENSOR retains title and ownership of the Content, as well as title and ownership of any subsequent copies of the Content irrespective of the form of media on or in which the Content is recorded, fixed or re-zipped. This license does not grant you any intellectual or other proprietary or other rights of any nature whatsoever to do with the Content. Licensee acknowledges that CartoonPaint.com owns all rights, titles and interest in and to the Content, including all copyrights and trade secrets. Licensee may make one (1) copy of the Content to their computer system and retain the originally downloadeded .zip file for backup purposes.
3. PERMITTED USES and RESTRICTIONS. As Licensee, you may use the Content only as expressly authorized in this License Agreement. You may use the Content provided that the Content is unzipped and viewed/used on a single computer, and viewed by a single user (or family member of Licensee using the same computer). You may physically transfer the Content from one computer to another provided that any instance of the Content is completely erased first from the original computer. You may then re-use the originally downloadeded .zip file to transfer the Content onto the new computer. You may not electronically transfer the Content from one computer to another over a network. You may not make the Content available through a time-sharing service, network of computers, or other multiple user arrangement. You may not distribute copies of the Content or related written materials to any third party, whether for sale or otherwise. You may not reproduce, retransmit, disseminate, republish, modify, adapt, translate, reverse engineer, decompile, disassemble, or prepare any derivative work based on the Content or any element thereof. You may not make or distribute, whether for sale or otherwise, any hard copy or printed version of any of the Content nor any portion thereof nor any work of yours containing the Content or any component thereof. Licensee shall maintain the confidentiality of the Content, including all source code. You may not publicly display the Content to any more than one user at any time. You may not broadcast the Content privately or publicly over any type of broadcast or digital network.
4. COPY RESTRICTIONS. The Content is protected under United States copyright laws. Unauthorized copying (whether in full or in packets via a file-sharing service) and/or distribution of the Content is expressly forbidden. You may be held legally responsible for any copyright infringement that is caused, directly or indirectly, by your failure to abide by the terms of this License Agreement. Licensee may make one (1) copy of the Content to their computer system and retain the originally downloadeded .zip file for backup purposes.
5. TRANSFER RESTRICTIONS. The license herein granted is personal to you, the Licensee. You may not transfer the Content to anyone else, nor may you sell, lease, loan, sublicense, assign, or otherwise dispose of the Content nor any of its components or elements without the express written consent of LICENSOR.
6. TRADEMARKS. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor.
7. TERMINATION. The license herein granted hereby will remain in effect until terminated. This license will terminate automatically without further notice from LICENSOR in the event of the violation of any of the provisions hereof. Upon any termination of this Agreement or rights granted hereunder as provided in this Section, Licensee shall immediately delete and discontinue use of the Content affected by such termination, and shall promptly certify that it has discontinued use of and returned or destroyed all copies of the affected Content then in its possession, including all documentation related thereto.
8. CONFIDENTIALITY. Licensee acknowledges that the Content includes confidential information and trade secrets of CartoonPaint.com . Licensee shall hold all portions of the Content, including without limitation, all code, functional specification, the methods and concepts utilized therein and the documentation related thereto, and the material terms of this Agreement, hereinafter collectively referred to as "Confidential Information", in confidence.
9. LIMITATION AND DISCLAIMER OF WARRANTIES. You expressly acknowledge and agree that use of the Content is at your sole risk. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using the Content and assume any risks associated with Your exercise of permissions under this License. Licensor does not warrant the functions contained in the Content will meet YOUR requirement or that the operation of the Content will be uninterrupted or error-free, or that defects in the Content will be corrected. Should the Content prove defective, you, as Licensee assume the entire cost of all necessary correction, servicing, or repair.
10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CARTOONPAINT.COM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. In no event will licensor, or anyone else involved in the creating, production, and/or delivery of this Content product be liable to licensee or any other person or entity for any direct, indirect, or other damages, including, without limitation, any interruption of services, lost savings, lost profits, loss of data, or any other consequential, special, incidental, or punitive damages, arising out of the purchase, use, inability to use, or operation of the Content, even if licensor or any authorized licensor dealer has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Cartoon Paint's total liability to you for all damages exceed the amount of one dollar ($1.00).
11. EXPORT RESTRICTIONS. You acknowledge that the Content licensed hereunder is subject to the export control laws and regulations of the U.S.A., and any amendments thereof. You confirm that with respect to the Content, you will not export or re-export it, directly or indirectly, to any countries that are subject to U.S.A. export restrictions. You further acknowledge that the Content may include technical data subject to export and re-export restrictions imposed by U.S.A. law.
12. ENTIRE AGREEMENT. YOU, AS LICENSEE, ACKNOWLEDGE THAT: YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS; THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE UNDERSTANDING BETWEEN THE PARTIES AND SUPERSEDES ANY AND ALL PRIOR ORAL OR WRITTEN COMMUNICATIONS RELATING TO THE SUBJECT MATTER HEREOF; AND THIS AGREEMENT MAY NOT BE MODIFIED, AMENDED, OR IN ANY WAY ALTERED EXCEPT BY A WRITING SIGNED BY BOTH YOURSELF AND AN OFFICER OR AUTHORIZED REPRESENTATIVE OF LICENSOR.
13. CONTROLLING LAW and SEVERABILITY. This License shall be governed by the laws of the United States and the State of Georgia. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
14. COMPLETE AGREEMENT. This License constitutes the entire agreement between the parties with respect to the use of the Content and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by CartoonPaint.com.
Licensor: CartoonPaint.com. W349S7900 Sprague Rd Eagle WI, 53119