Terms of Service

paintlet.com
You understand that all PaintletScripts or other materials ("Content") posted on paintlet.com are the sole responsibility of the person from whom such Content originated. You, and not JDever, are entirely responsible for all Content that you post via the upload service of Paintlet (Service). Under no circumstances will JDever be liable for any Content made available via the Service.

You agree to not use the Service to:

  • post any Content that is unlawful, threatening, harassing, defamatory, obscene, or otherwise objectionable
  • harm minors
  • post Content that you do not have a right to make available
  • post Content that infringes any trademark, copyright or other proprietary rights of any party
  • post or otherwise make available any unauthorized advertising or promotional materials
  • interfere with or disrupt the Service or servers or networks connected to the Service
  • intentionally or unintentionally violate any applicable local, state, national or international law
  • provide support or resources to any organization designated by the United States government as a terrorist organization

    You understand that JDever may or may not screen Content, but that JDever has the right (but not the obligation) to pre-screen, refuse or delete any Content that is available via the Service. JDever shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must bear all risks associated with the use of any Content, including any reliance on the usefulness of such Content.

    Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

    You agree to hold JDever and its agents, partners and licensors harmless from any claim made by any third party due to or arising out of Content you submit, post or otherwise make available through the Service.

    NO RESALE OF SERVICE
    You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

    You acknowledge that JDever may establish limits on use of the Service, including the maximum number of days that uploaded Content will be retained by the Service. You agree that JDever has no responsibility or liability for the deletion or failure to store any Content.

    DISCONTINUATION OF SERVICE
    JDever reserves the right to discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that JDever shall not be liable to you for any modification, suspension or discontinuance of the Service.

    PROPRIETARY RIGHTS
    You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by intellectual property laws. Except as expressly authorized by JDever, you agree not to modify, lease, rent, distribute, sell, or create derivative works based on the Service or the Software, in whole or in part.

    You agree to access the Service only through the interface that is provided by JDever.

    JDever shall be neither responsible nor liable for the accuracy, usefulness or availability of any Content made available via the Service.

    TRADEMARK INFORMATION
    The Paintlet, PaintletViewer and PaintletScript trademarks, logos and products are trademarks of JDever. Without prior permission from JDever, you agree not to use or display the trademarks in any manner.

    The TOS shall be governed by the laws of the State of Massachusetts.



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    Paintlet Software License
    Paintlet 3.0 for Java(tm)
    Copyright 1999-2007 JDever
    Website: www.paintlet.com

    SERVICE LICENSE AND AGREEMENT

    1. LICENSE TO USE:

    JDever ("JDever") grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation (the "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid, subject to the terms and restrictions set forth in this License Agreement.

    2. RESTRICTIONS:

    Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by JDever and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. You are not permitted to lease, rent, distribute or sublicense the Software or to use the Software in a time-sharing arrangement or in any other unauthorized manner. Further, no license is granted to you in the human readable code of the Software (source code). Except as provided below, this License Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the Software. You may not modify, decompile, or reverse engineer Software. No right, title or interest in or to any trademark, service mark, logo or trade name of JDever or its licensors is granted under this Agreement.

    3. NO ASSIGNMENT; NO REVERSE ENGINEERING:

    You may not transfer or assign the Software and/or this License Agreement to another party without the prior written consent of the Licensor. Except as set forth above, you may not transfer or assign the Software or your rights under this License Agreement. Modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited.

    4. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY:

    THE SOFTWARE AND DATA ARE PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND. LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, RELATED TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LICENSORS' LIABILITY TO YOU FOR ANY LOSS OR DAMAGES, LOST REVENUE, PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, SHALL NOT EXCEED IN THE AGGREGATE THE LICENSE FEE, IF ANY, PAID TO LICENSORS BY YOU FOR THE USE OF THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL,CONSEQUENTIAL, SPECIAL, EXEMPLARY DAMAGES OR OTHER DAMAGES WHATSOEVER, FORESEEABLE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS) ARISING OUT OF THIS LICENSE AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    5. TERM AND TERMINATION:

    This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from JDever if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.

    6. EXPORT RESTRICTIONS:

    You agree that you will not export or re-export the Software or any products utilizing the Software in violation of any applicable laws or regulations of the United States and the country in which you obtained them.

    7. GOVERNING LAW:

    This License Agreement shall be governed by the laws of the State of Massachusetts as such laws are applied to agreements entered into and to be performed entirely within Massachusetts between Massachusetts residents and by the laws of the United States. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this License Agreement.

    8. SEVERABILITY:

    In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor.

    9. TRADE SECRETS; TITLE:

    You acknowledge and agree that the structure, sequence and organization of the Software are the valuable trade secrets of JDever. You agree to hold such trade secrets in confidence. You further acknowledge and agree that ownership of, and title to, the Software and all subsequent copies thereof regardless of the form or media are held by JDever.

    10. DEEMED ACCEPTANCE:

    The use or downloading of the Software is deemed acceptance of the terms and conditions contained herein.

    11. ENTIRE AGREEMENT:

    This Agreement is the entire agreement between you and JDever relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.



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