Terms and Conditions for “DISPLAY YOUR PAINTING”
Terms and Conditions for “DISPLAY YOUR PAINTING” above the couch Software Usage and Monthly Subscription
Pete’s Original Art Inc.
Software License Agreement
END-USER LICENSE AGREEMENT FOR “DISPLAY YOUR PAINTING” SOFTWARE – PETE’S ORIGINAL ART INC.
IMPORTANT-READ CAREFULLY: This “DISPLAY YOUR PAINTING” software License Agreement (“ ”) is
a legally binding agreement between You and Pete’s Original Art Inc. for the “DISPLAY YOUR PAINTING” software
PRODUCT or SOFTWARE identified above and as further defined in this .
BY PAYING THE LICENSE FEE FOR THE SOFTWARE PRODUCT WITHOUT PROMPTLY REQUESTING
A REFUND OF SUCH FEE OR INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE
PRODUCT, SUCH ACTS INDICATE YOUR ACCEPTANCE OF THIS AND YOUR AGREEMENT TO
BE BOUND BY THE TERMS AND CONDITIONS OF THIS . IF YOU DO NOT DESIRE TO
ACCEPT THIS OR AGREE TO THE TERMS OF THIS , PROMPTLY RETURN THE UNUSED
SOFTWARE PRODUCT TO THE PLACE FROM WHICH YOU OBTAINED IT FOR A FULL REFUND OF
THE LICENSE FEE.
THE SOFTWARE PRODUCT IS PROTECTED BY U.S. COPYRIGHT LAWS AND INTERNATIONAL
COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES.
PAINTING BEHIND COUCH IS AND SHALL REMAIN THE OWNER OF ALL INTELLECTUAL PROPERTY RIGHTS IN
THE SOFTWARE. THE SOFTWARE PRODUCT IS LICENSED TO YOU ON A NON-EXCLUSIVE,
NON-ASSIGNABLE, NON-TRANSFERABLE, LIMITED, PERSONAL BASIS, NOT SOLD.
IS INCORPORATED IN THIS BY REFERENCE.
WHEN YOU USE THE SOFTWARE PRODUCT AND/OR SOFTWARE, PAINTING BEHIND COUCH MAY COLLECT CERTAIN
INFORMATION ABOUT YOUR COMPUTER TO FACILITATE, EVALUATE AND VERIFY YOUR USE OF THE SOFTWARE PRODUCT AND/OR SOFTWARE WHICH MAY BE SENT TO A PAINTING BEHIND COUCH WEB SERVER FOR ITS OWN INTERNAL USE AND SHALL NOT BE SHARED WITH ANY THIRD PARTIES. THIS INFORMATION IS GENERALLY COLLECTED IN THE AGGREGATE FORM, WITHOUT IDENTIFYING ANY USER INDIVIDUALLY, ALTHOUGH IP ADDRESS, COMPUTER AND SESSION ID IN RELATION TO PURCHASES AND DOWNLOADS/INSTALLATIONS OF THE SOFTWARE PRODUCT AND/OR SOFTWARE MAY BE TRACKED AS PART OF PAINTING BEHIND COUCH’S CUSTOMER ORDER REVIEW, STATISTICAL ANALYSIS, FRAUD AND PIRACY PREVENTION EFFORTS. FOR EXAMPLE, PAINTING BEHIND COUCH MAY COLLECT INFORMATION SUCH AS THE NUMBER OF DOWNLOADS/INSTALLATIONS OF THE SOFTWARE PRODUCT AND/OR SOFTWARE FOR NONIDENTYFYING STATISTICAL ANALYSIS AND FOR IMPROVING THE SOFTWARE PRODUCT AND/OR SOFTWARE, PROVIDING YOU WITH A MORE RELEVANT EXPERIENCE.
AS INDICATED ABOVE, IF YOU DO NOT DESIRE TO ACCEPT THIS OR AGREE TO THE TERMS
OF THIS , PROMPTLY RETURN THE UNUSED SOFTWARE PRODUCT AND/OR SOFTWARE TO
THE PLACE FROM WHICH YOU OBTAINED IT FOR A FULL REFUND OF THE LICENSE FEE.
1. “Computer” means a virtual or physical computer device that accepts
information in digital or similar form and manipulates it for specific result
based on a sequence of instructions.
2. “Content” means any video, audio, data, music, still images, and any other
output of the SOFTWARE PRODUCT or SOFTWARE and any video, audio, data, music,
still images or other input into the SOFTWARE PRODUCT or SOFTWARE.
3. “Internal Network” means a private, proprietary network resource accessible
only by employees and individual contractors (i.e., temporary employees) of a
specific corporation or similar business entity. Internal Network does not
include portions of the Internet or any other network community open to the
public, such as membership or subscription driven groups, associations and
4. “Permitted Number” means one (1) unless otherwise indicated under a valid
Page 1Pete’s Original Art Inc.
license (e.g., Multi User, Site, or Enterprise License) granted by Painting Behind Couch.
5. “SOFTWARE PRODUCT or SOFTWARE” means use of a copy of computer software
identified above and associated media and a copy of the printed materials, and
may include “online” or electronic documentation as well as licensed third party
6 “Painting Behind Couch” means Painting Behind Couch Corporation, a Michigan corporation of 2405
Woodlake Drive, Okemos, MI 48864.
7. “Trial Version” means a version of the SOFTWARE which may have limited
features and is limited in terms of the length of time the SOFTWARE may be used
and will cease operating after a predetermined amount of time (“the Trial
Period”) due to an internal mechanism within the Trial Version. The SOFTWARE
will notify You that the SOFTWARE is in trial mode, which may include, but would
not be limited to, watermarking.
8. “You” means the person, company, or organization that has licensed the
SOFTWARE PRODUCT or SOFTWARE.
1. GRANT OF LICENSE AND RESTRICTIONS.
The following section applies to all versions of the SOFTWARE PRODUCT unless the
Help > About dialog in the SOFTWARE PRODUCT specifies a Multi-user, Site or
Enterprise version, for example.
If You obtained the SOFTWARE and any required SOFTWARE key(s) from Painting Behind Couch or
one of its authorized licensees and as long as You comply with the terms of
this , Painting Behind Couch grants You a non-exclusive, non-transferable, limited
personal license to install and use the SOFTWARE PRODUCT or SOFTWARE in a
manner consistent with its design, documentation, and Your order. You may only
use the SOFTWARE according to the License ordered by You and granted by
Painting Behind Couch. Painting Behind Couch offers several license types to meet the needs of its
customers. Particular licenses are offered for the SOFTWARE PRODUCT OR SOFTWARE
depending on the intended use of the SOFTWARE. Your order shall designate the
specific application of the SOFTWARE which may include, a Multi-User License,
Site License, Enterprise License, or Volume Discount License, for example.
Title and intellectual property rights in and to any Content, displayed by,
reproduced, recorded or accessed through the SOFTWARE PRODUCT or SOFTWARE,
belongs to the respective Content owners. Such Content may be protected by
copyright or other intellectual property laws and treaties, and may be subject
Agreement does not grant You any rights to use such Content other than as
expressly indicated in the SOFTWARE PRODUCT, SOFTWARE, or this . The
SOFTWARE PRODUCT or SOFTWARE may be used to reproduce or record Content so long
as such use is limited to the reproduction of non-copyrightable Content, Content
which You own the intellectual property rights in and to the same, or Content
which You are authorized or legally permitted to reproduce, record or display.
1.1 General Use. You may install and use one copy of the SOFTWARE on up to the
Permitted Number of Your compatible Computers as long as, when required by the
SOFTWARE, You present a valid SOFTWARE key for each copy.
1.2 Distribution from Server. You may copy an image of the SOFTWARE onto file
server(s) within Your Internal Network for the purpose of downloading and
installing the SOFTWARE onto Computers within the same Internal Network for use
as permitted by Section 1.1.
1.3 Server Use. You may install the SOFTWARE on Computer file server(s) within
Your Internal Network only for use of the SOFTWARE initiated by an individual
from a Computer within the same Internal Network as permitted by Section 1.1.
The total number of users (not the concurrent number of users) able to use the
Page 2Pete’s Original Art Inc.
SOFTWARE on such Computer file servers(s) may not exceed the Permitted Number.
By way of example, the foregoing does not permit You to install or access
(either directly or through commands, data or instructions) the SOFTWARE: (i)
from or to a Computer not part of Your Internal Network, (ii) for enabling web
hosted workgroups or services available to the public, (iii) by an individual or
entity to use, download, copy or otherwise benefit from the functionality of the
SOFTWARE unless licensed to do so by Painting Behind Couch, (iv) as a component of a system,
workflow or service accessible by more than the Permitted Number of users, or
(v) for operations not initiated by an individual user (e.g., automated server
1.4 Portable or Home Computer Use. Subject to the important restrictions set
forth in Section 1.5, the primary user of the Computer on which the SOFTWARE is
installed under Section 1.1 (“Primary User”) may install a second copy of the
SOFTWARE for his or her exclusive use on either a portable Computer or a
Computer located at his or her home, provided that the SOFTWARE on the portable
or home Computer is not used at the same time as the SOFTWARE on the primary
Computer. You may be required to contact Painting Behind Couch in order to make a second
1.5 Restrictions on Secondary Use by Multi User Licensees. If the SOFTWARE was
obtained under a Painting Behind Couch Multi User License Program by any licensee, the
second copy of the SOFTWARE made under Section 1.4 must be used solely for the
benefit and business of that Multi User Licensee.
1.6 Backup Copy. You may make a reasonable number of backup copies of the
SOFTWARE, provided Your backup copies are not installed or used for other than
1.7 Painting Behind Couch Codec and TSCC.exe. The Painting Behind Couch Screen Capture Codec and the
associated install executable (TSCC.exe) may be freely distributed for the
purpose of allowing end users to view files created with the SOFTWARE PRODUCT.
This right applies only to the redistribution of the TSCC.exe and any other
rights applicable to the SOFTWARE PRODUCT are preserved for the TSCC codec and
1.8 Integrity of 3rd Party Content and SOFTWARE. Your use of the SOFTWARE
PRODUCT or SOFTWARE may be impaired by digital rights management systems in
order to protect the integrity of certain third party Content and the SOFTWARE
PRODUCT or SOFTWARE. You may not remove or alter any trademark, trade names,
product names, logos, copyright notices, legends, symbols, labels, or
watermarking in the in any 3rd party Content, the SOFTWARE PRODUCT or
SOFTWARE, except to the extent as expressly indicated in the 3rd party Content,
SOFTWARE PRODUCT or SOFTWARE.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
2.1 Limitations on Reverse Engineering, Decompilation, and Disassembly. You
may not reverse engineer, decompile, translate, localize or disassemble the
2.2 Separation of Components. The SOFTWARE PRODUCT is licensed as a single
product. Its component parts may not be separated for use on more than one
computer. You may not unbundle or repackage the SOFTWARE PRODUCT for
2.3 Rental. You may not rent, license, assign, transfer, time share, host,
lend, sublicense, distribute, or lease the SOFTWARE PRODUCT except as otherwise
expressly provided in this .
2.4 Software Transfers of Rights. You may transfer this license in connection
with a divesture, a merger, or consolidation, as long as You provide Painting Behind Couch
Page 3Pete’s Original Art Inc.
with prior written assigned notice, on a form that Painting Behind Couch will provide You,
that includes: (i) the order #; (ii) the quantity of licenses, if applicable,
being transferred by product and version; (iii) the name, address and contact
information of the transferee; (iv) any other information that Painting Behind Couch
For all other transfers of licenses, Painting Behind Couch prior written consent is
required. No license transfer will be valid unless the transferee accepts in
writing the applicable product use rights, use restrictions, and limitations of
liability. Any transfer made in violation of the requirements or restrictions of
this section will be void.
You may not transfer licenses on a short term basis or transfer temporary rights
to use products.
The SOFTWARE PPRODUCT and any copies of the SOFTWARE PRODUCT or any SOFTWARE key
or key codes related to the SOFTWARE PRODUCT and Painting Behind Couch trademarks may not be
used, posted or displayed in any form or manner on any online auction sites or
any other site without the express prior written permission of Painting Behind Couch.
2.5 Term and Termination. The term of this granted to You for the use of
the SOFTWARE PRODUCT is for 1 year, renewable automatically, but without
prejudice to any other rights, Painting Behind Couch may terminate this if You fail to
comply with any of the terms and conditions of this . In such event, You
must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
2.6 Software for Windows. The SOFTWARE PRODUCT or SOFTWARE which is the
subject matter of this is for use and/or runs on a Windows operating system
only, and the SOFTWARE and SOFTWARE key associated with the SOFTWARE will not be
operable on any other system.
2.7 This section 2.7 and its subparagraphs apply in addition to the license
granted in Section 1 above and solely if You have received a valid Trial Version
of the SOFTWARE from Painting Behind Couch.
(i) Subject to the terms and conditions of this , Painting Behind Couch grants to You a
non-exclusive license to install the Trial Version on a single computer strictly
for Your internal evaluation and review purposes and not for production
(ii) You shall not (a) in the aggregate install or use more than one copy of the
Trial Version, (b) download the Trial Version under more than one username, if
applicable, (c) alter the contents of a hard drive or computer system to enable
the use of the Trial Version for an aggregate period in excess of the Trial
Period for which You may evaluate the Trial Version, (d) disclose the results,
if any, of the SOFTWARE performance benchmarks obtained using the Trial Version
to any third party without Painting Behind Couch’s prior written consent, (e) use the Trial
Version for a purpose other than the sole purpose of determining whether to
purchase a license to the SOFTWARE. Notwithstanding the foregoing, You are
strictly prohibited from installing or using the Trial Version for any
commercial training purposes.
(iii) Your rights to install and use the Trial Version under this section 2.7.
will immediately terminate upon the earlier of (a) the expiration of the Trial
Period, or (b) such time that You purchase a license to the SOFTWARE PRODUCT or
SOFTWARE. Painting Behind Couch reserves the right to terminate Your license to the Trial
Version at any time in its sole discretion. To the extent that any provision in
this section 2.7 is in conflict with any other term or conditions in this ,
this section 2.7. shall supersede such other terms and conditions with respect
to the Trial Version only, but only to the extent necessary to resolve the
conflict. YOU ACKNOWLEDGE THAT THE TRIAL VERSION MAY HAVE LIMITED FEATURES,
FUNCTION FOR A LIMITED PERIOD OF TIME, HAVE OTHER LIMITATIONS NOT PRESENT IN A
NON-TRIAL VERSION OF THE SOFTWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN
Page 4Pete’s Original Art Inc.
THIS , THE TRIAL VERSION IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND
PAINTING BEHIND COUCH DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND.
You must obtain the prior written permission from Painting Behind Couch as to all other uses
of the SOFTWARE that fall outside the scope of this .
3. Upgrades. If the SOFTWARE PRODUCT is an upgrade from another product,
whether from Painting Behind Couch or another supplier, You may use or transfer the SOFTWARE
PRODUCT only in conjunction with that upgraded product, unless You destroy the
upgraded product. If the SOFTWARE PRODUCT is an upgrade of a Painting Behind Couch product,
You now may use that upgraded product only in accordance with this . If the
SOFTWARE PRODUCT is an upgrade of a component of a package of software programs
that You licensed as a single product, the SOFTWARE PRODUCT may be used and
transferred only as part of that single product package and may not be separated
for use on more than one computer.
4. Intellectual Property Rights. All rights, title, and interests, including,
but not limited to, all copyrights, trade secret rights, patent and trademark
rights in and to the SOFTWARE PRODUCT (including but not limited to any images,
photographs, animations, video, audio, music, text, and “applets,” incorporated
into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies
of the SOFTWARE PRODUCT, are owned by and shall remain the sole property of
Painting Behind Couch or its suppliers or licensors.
5. Injunctive Relief. The parties agree that if You utilize or otherwise uses
any of the SOFTWARE PRODUCT in an unauthorized manner, or breach the remaining
terms and conditions of this , that such use or breach would have a
devastating and serious impact on Painting Behind Couch’s continuing ability to compete
profitably and would, therefore, result in immediate and irreparable injury,
loss or damage to Painting Behind Couch. The parties agree that in such event, in addition
to Painting Behind Couch’s right to recover damages for a breach of this , Painting Behind Couch
would be entitled to obtain a temporary restraining order or a preliminary
injunction from a court of competent jurisdiction to prevent You, Your
employees, agents, consultants, or independent contractors from engaging in any
further use of the SOFTWARE PRODUCT or the continued breach of the remaining
terms and conditions of this .
6. Dual-Media Software. You may receive the SOFTWARE PRODUCT in more than one
medium. Regardless of the type or size of medium You receive, You may use only
one medium that is appropriate for Your single computer. You may not use or
install the other medium on another computer other than as expressly stated in
the . You may not loan, rent, lease, license or otherwise transfer the
other medium to another user.
7. U.S. Government Restricted Rights. The SOFTWARE PRODUCT and documentation
are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
government is subject to restrictions as set forth in subparagraph (c) (1) (ii)
of the Rights in Technical Data and Computer Software clause at DFARS
252.227-7013 or Rights at 48 CFR 52.227-19, as applicable. Manufacturer is:
Painting Behind Couch Corporation PO Box 26095 Lansing, MI 48909-6095. You acknowledge
that the SOFTWARE PRODUCT may not be downloaded or otherwise exported or
re-exported: (i) into (or the national resident of) any country to which the
U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s
list of Specially Designated Nationals or the U.S Commerce Department’s Table
of Denial Orders. By using the SOFTWARE PRODUCT, You are agreeing to the
foregoing and are representing and warranting that You are not located in or
under the control of, a national resident of any such country or on any such
8. Miscellaneous. This is governed by the laws of the State of Michigan,
U.S.A to the extent that U.S. federal laws are not applicable, without regard to
their conflicts of law principles. You agree to the exclusive jurisdiction of
the Courts of the State of Michigan, U.S.A. and the United States district court
Page 5Pete’s Original Art Inc.
located in Ingham County, Michigan U.S.A. This Agreement has been prepared in
the English language and such version shall be controlling in all respects and
any non English version of this Agreement is solely for accommodation purposes.
The parties to this Agreement waive personal service of any and all process upon
them and consent that all such service of process be made by registered mail and
shall be deemed to be completed five (5) business days after the same shall have
been deposited in the United States mail, postage prepaid. You waive any
objection based on forum non conveniens and any objection to venue of any action
instituted under this by Painting Behind Couch in any jurisdiction. This shall not
be governed by the United Nations’ Convention on Contracts for the International
Sale of Goods, the application of which is expressly excluded.
Should You have any questions concerning this , or if You desire to contact
Painting Behind Couch for any reason, please contact the Painting Behind Couch affiliate serving Your
country, or write:
Painting Behind Couch Corporation 2405 Woodlake Drive Okemos, MI 48864-5910 USA Phone
: +1 517-381-2300 Fax : +1 517-381-2336 Sales :
http://www.Painting Behind Couch.com/sales Support : http://support.Painting Behind Couch.com
WWW : http://www.Painting Behind Couch.com
9. Limited Warranty. Painting Behind Couch warrants that (a) the SOFTWARE PRODUCT will
perform substantially in accordance with the accompanying written materials for
a period of ninety (90) days from the date of receipt, and (b) any hardware
accompanying the SOFTWARE PRODUCT will be free from defects in materials and
workmanship under normal use and service for a period of one (1) year from date
of receipt. Some states and jurisdictions do not allow limitations on duration
of an implied warranty, so the above limitation may not apply to You. To the
extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT and
hardware, if any, are limited to ninety (90) days and one year, respectively.
10. Customer Remedies. Painting Behind Couch’s and its suppliers’ or licensor’s entire
liability and Your exclusive remedy shall be, at Painting Behind Couch’s option, either (a)
return the license fee paid, or (b) repair or replacement of the SOFTWARE
PRODUCT or hardware that does not meet Painting Behind Couch’s Limited Warranty and which is
returned to Painting Behind Couch with a copy of Your receipt. This Limited Warranty is void
if failure of the SOFTWARE PRODUCT or hardware has resulted from accident,
abuse, or misapplication. Any replacement SOFTWRAE PRODUCT or hardware will be
warranted for the remainder of the original warranty period or thirty (30) days,
whichever is longer. Outside the United States, neither these remedies nor any
product support services offered by Painting Behind Couch are available without proof of
purchase from an authorized international source.
11. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
PAINTING BEHIND COUCH AND ITS SUPPLIERS, AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, QUIT
ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH REGARD TO THE SOFTWARE
PRODUCT, AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.
12. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL PAINTING BEHIND COUCH OR ITS SUPPLIERS, OR LICENSORS, BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN
IF PAINTING BEHIND COUCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
Page 6Pete’s Original Art Inc.
13. Content and Indemnity. You acknowledge and understand the Content resulting
from the use of the SOFTWARE is Your sole responsibility and Your use and
distribution of the Content is at Your sole discretion and risk. You shall be
solely responsible for any claims or causes of action that may arise in
connection with such use and distribution of the Content. You further agree to
defend, indemnify and hold Painting Behind Couch, its affiliates, subsidiaries, officers,
directors, employees, consultants, agents, suppliers, licensors and resellers
from any and all third party claims, whether foreign or domestic, and any and
all liability, damages and/or costs including, but not limited to, reasonable
attorney fees, arising from Your use of the SOFTWARE and the Content and the
distribution of the same, Your violation of this , or the infringement or
violation by You or any other user of the SOFTWARE , of any agreement of any
kind or any intellectual property or other right, including but not limited to,
patent, trademark, copyright or trade secret rights of any person or entity or
any claims that may or are alleged to result in the invasion of privacy,
slander, libel or for infringement on a persons rights of publicity due to the
publication or distribution of the Content.
14. Survival. The restrictions and obligations as contained in this which
You have voluntarily agreed to shall survive any expiration, termination or
cancellation of this , and shall continue and remain in effect to bind You,
and Your employees, agents, successors, heirs and assigns.
15. Integration. This and the applicable License order sets forth the
entire Agreement and understanding between the parties as to the subject matter
of this Agreement and supersedes all prior discussions, representations, and
amendments of understandings of every kind and nature between them.
16. Amendments. Except as otherwise provided in this , this Agreement may
not be amended, altered, or any of its provisions waived on behalf of either
party, except in writing executed by both parties’ duly authorized agent.
17. Assignability. Except as otherwise expressly provided under this , this
agreement and the rights and duties under this Agreement may not be assigned by
You without the prior written consent of Painting Behind Couch.
18. Benefit. This shall be binding upon and inure to the benefit of
Painting Behind Couch and its successors and assigns.
19. Counterparts. This may be executed and/or accepted in one or more
counterparts, each of which shall be enforceable against the party actually
executing and/or accepting the counterparts, and all of which together shall
constitute one instrument.
20. Captions. Captions contained in this Agreement are inserted for reference
and in no way define, limit, extend or describe the scope of the or intent
of any provision in the .
21. Severability. If any provision of this becomes or is declared by a
court of competent jurisdiction to be illegal, unenforceable, or void, this
shall continue in full force and effect without said provision; provided,
however, that no such severability shall be effective if it materially changes
the economic benefit of the to the other party.
22. Authority to Execute and Accept. You warrant and represent to Painting Behind Couch that
this shall be binding upon You, and that the individual agreeing to be
bound under the terms and conditions of this is authorized or has been
empowered to do so.
23. Third Party Beneficiary. You acknowledge and agree that Painting Behind Couch’s
suppliers and licensors (and/or Painting Behind Couch if You obtained the SOFTWARE PRODUCT
from any party other than Painting Behind Couch) are third party beneficiaries of this
Agreement, with the right to enforce the obligations set forth herein with
Page 7Pete’s Original Art Inc.
regard to the respective technology or Content of such suppliers, licensors
and/or Painting Behind Couch.
24. Third party Acknowledgement and Terms. The SOFTWARE PRODUCT or SOFTWARE
may use or include third party components or Content and other copyrighted
material. Acknowledgments, licensing terms and additional disclaimers for such
components, Content, or materials are contained in the “online” electronic
documentation for the SOFTWARE PRODUCT or SOFTWARE or may otherwise accompany
the same, and Your use of such components, Content or material is governed by
their respective terms.
25. Changes to a Site or Enterprise Due to Acquisitions, Divestures and
Mergers. If the number of qualified desktops or seats changes by more than 10%
as a result of an acquisition of an entity or an operating division, (ii) a
divesture of an affiliate or an operating division; (iii) or a merger, Painting Behind Couch
will work with the You in good faith to determine how to accommodate the changed
circumstances in the context of a Site License, for example. If You acquire or
merge with an organization with an existing “Site License” Painting Behind Couch will work
with the surviving organization in good faith to accommodate its changed
circumstances in the context of this Agreement.
26) By subscribing to this software you agree that PayPal will charge your PayPal account on recurring monthly basis until you cancel your subscription.
27) The amount of monthly subscription will be the amount that you will initially agree upon when you subscribe to our software.
28) By canceling your account through PayPal you terminating any future charge to your PayPal account for this individual account.
AS STATED ABOVE, PAYING THE LICENSE FEE FOR THE SOFTWARE PRODUCT WITHOUT
PROMPTLY REQUESTING A REFUND OF SUCH FEE OR INSTALLING, COPYING, OR OTHERWISE
USING THE SOFTWARE PRODUCT, INDICATES YOUR ACCEPTANCE OF THIS AND YOUR
AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS .
Painting Behind Couch and PETE’S ORIGINAL ART INC. are registered trademarks of Painting Behind Couch Corporation
in the United States and/or other countries. All other trademarks are the
property of their respective owners.