Retro Mart EULA
RETRO MART END USER LICENSE AGREEMENT
THIS IS A BINDING LEGAL AGREEMENT - Please read this Agreement before purchasing, downloading, installing or using the Software. Any of these actions shall indicate your express agreement to these terms and conditions. The Software licensed under this Agreement is licensed by Retro Mart as agent for the Designer/Author of the Software (“Author”).
1. GRANT OF LICENSE. This license to use the Software is non-exclusive, terminable and non-transferable and the use of the Software must be in accordance with the following terms and conditions.
2. PERMITTED INSTALLATIONS AND USES.
2.1 Installations. Use of the Retro Mart Software is limited to a Single End User identified when the License was purchased. The Software may be installed on not more than two (2) computers for the End User provided that both computers are not used simultaneously. Serving of the Software to a Licensed End Users over a network, LAN, WAN or the Internet is strictly prohibited. If you need or otherwise desire to install and use the Software in such a manner or require multiple End User licenses, contact Retro Mart for a special license.
2.2 Design Uses. Use of the Software in the creation of design works, rasterized images for web sites and for your personal use and professional use are each permitted provided that no unauthorized uses or copies of the Software are transferred to any unlicensed party. Other restrictions to the use of the Software are set forth in this Agreement.
2.3 One Software Back-Up. You are permitted to make a single back-up copy of the Software. The Retro Mart Software or documentation may not be sublicensed, sold, leased, rented, lent, or given away to another person or entity.
3. REFUNDS. If you do not agree to the terms of the Software License Agreement, do not download or install the Software. The Retro Mart Software may be exchanged only if defective. If you do not agree to the terms of this Agreement and you wish to claim a refund you must (a) certify that no copy of the Software remains in your possession or control and (b) provide proof of a valid sale and a valid sales receipt. All claims must be made within one (1) week of purchase.
4. LIMITED EMBEDDING. You are permitted to embed or otherwise include only the Software and Font Software outlines for PERSONAL, NON-PROFESSIONAL, NON-COMMERCIAL USE ONLY. Uses that are commercial or professional in nature, such as, but not limited to, multi-media CD, DVD, or other prohibited uses distributed physically or online require the purchase of a special license.
4.1 Software Embedding. The embedding or other use of the Software including images or textures or the Font Software outlines thereof, in software or other works distributed electronically and/or via physical media for sale is prohibited under this License. Any such use requires the express written permission of Retro Mart and may or may not require the purchase of a license upgrade at the sole discretion of Retro Mart.
4.2 Flash or HTML5 Type Embedding. Use of the Software in Flash or HTML5 Type animations including browser based Internet applications, mobile device applications, Internet banner advertisements or otherwise embedding the Font Software outlines or designs embodied in the Software is expressly prohibited. Any such use requires the express written permission by Retro Mart and may or may not require the purchase of a license upgrade at the sole discretion of Retro Mart.
4.3 PDF Type Embedding. Professional users who have purchased a license in keeping with their actual uses are permitted to embed or otherwise include any Font Software outlines embodied in the Font Software in a PDF Type document, distributed physically or online for commercial use provided the Fonts cannot be extracted and any Software images or textures are fully rasterized and the document is not for resale and that the Internet uses are not redistributions of otherwise impermissible or unlicensed uses of the Software. Resale of any document containing an embedded copy of the Software or Font Software is prohibited and if the ability to sell documents and/or files containing embedded copies of the Software or Font Software is desired, a license upgrade is required. Altering the embedding bits of the Software or otherwise Embedding the Software in PDF Type documents where the Software can be extracted from the PDF Type document is expressly prohibited. If you are unsure how to prevent font extraction, review your embedding software prior to creating documents containing embedded copies of the Software.
4.4. Web Display. Web display of Software including images and textures is unrestricted in applications under 500 x 500 pixels provided Software is fully rasterized. Applications over this size or embedded software or application uses will be priced on an individual basis. Use of Font Software for Web Display is further restricted as this license does not permit the use of the Font Software over the Internet for the purposes of font serving or font replacement and display. If you wish to use the Font Software for such purposes, a special web font license must be purchase and is required. Translation or adaptation of the Font Software is not permitted under this License.
5. RESTRICTIONS. Except as may be otherwise expressly permitted by your specific License, you may not distribute, sell, modify, include, adapt, translate, reverse engineer, decompile, disassemble, translate into other formats for use with other forms of devices or otherwise copy and/or include the Retro Mart Software or the design of the Font embodied therein without the express written consent of Retro Mart. All rights not expressly granted are reserved to Retro Mart and/or the Author. Any modifications, derivations and/or adaptations of the Software or the design embodied therein, requires the express permission of Retro Mart which expressly reserves a right to create any such modifications, derivations or adaptations. This term is contractual in nature.
6. OTHER RESTRICTIONS. Use of Retro Mart Software and the design of the Font Software or outlines embodied therein are not permitted in the following circumstances or applications without purchasing a license upgrade. In order to obtain a license upgrade, you must contact Retro Mart at firstname.lastname@example.org for more information. If you are unsure whether your use of Retro Mart Software is specifically permitted under this Agreement, contact Retro Mart.
a) ALPHABET OR LETTERFORM-RELATED PRODUCTS; PERSONALIZED PRODUCTS FOR RESALE OR IN LETTERFORM CREATION PRODUCTS OR DEVICES.
b) AS OR IN A FINISHED PRODUCT FOR RESALE.
c) BROADCAST ON TELEVISION CABLE OR THE INTERNET; COMMERCIAL EXHIBITION, OR FILM.
d) EMBEDDING IN ELECTRONIC DEVICES; ALL GAMING DEVICES.
e) EMBEDDING IN SOFTWARE.
f) LARGE VOLUME COMMERCIAL USES.
g) WEB FONT USES.
6.1 Alphabet or Letterform Related Products for Resale. Letterform and Alphabet Products include, but are not limited to, scrapbooking uses involving reproductions of individual letterforms, including but not limited to, digital alphabets (Alphas); adhesive sticker alphabet products; embroidery letters or fonts, use in the creation of signage or numbering products; monogram products; rubber stamps; die-cut products, stencil products; tattoo flash, or converted into software or by other means for the purposes of producing alphabet or letterforms by the use of sewing and/or embroidery machines; die-cut devices and plotters or any other product producing or containing any image of the letterforms or images derived from the design of the Font embodied in the Software of which any likeness of the alphabet can be reproduced where the letterform or alphabet product will be distributed or resold. These restrictions do not apply to laser or inkjet printers used for those purposes generally associated with professional design such as, graphic and industrial design, or to sign-making facilities, provided the end product is a finished, work of design or ready to use sign.
6.2 Personalized Products for Resale. Personalized Products include, but are not limited to use of the Software to create physical goods for retail sale, by way of example only, using the Software as a resource to create individually customized T-shirts, greeting cards, mugs, postage stamps, stickers, post cards, business cards, invitations on a customized, per order basis for retail sale such as by way of, but not limited to, Café Press, Zazzle or other similar services. If you wish to use the Software for such purposes, the number of desired individual customized uses (Impressions) must be reported and licensed. Impressions may be purchased by contacting Retro Mart at email@example.com.
6.3 Finished Product for Resale. Finished Products include, but are not limited to use of the Software to create physical goods for retail sale, by way of example only, using the Software as a resource to create For example and not by way of limitation, T-shirts, greeting cards, mugs, postage stamps, stickers, post cards, business cards, invitations, sheets of paper, laminates or other materials bearing a pattern, texture or images created by the Software for use as the stand-alone, primary or substantially all of the decorative features of the material or object being sold.
6.4 Broadcast Use. Broadcast, Exhibition, Internet and Film Usage includes, but is not limited to the use of; the Software or Font Software to create titling and/or credits or props or decoration using any image or texture embodied in the Software or used as texture elements for any broadcast via television, on the Internet and/or cable and/or motion picture theatrical distribution and/or exhibition requires a license upgrade.
6.5 Embedding in Electronic Devices. Embedding in Electronic Devices includes, but is not limited to, the use of the Software of Font Software for any on-screen display or in an electronic device. For example, and not by way of limitation, such electronic devices include electronic books, electronic book readers, such as, by way of illustration, not limitation, Kindle, iBook, Nook, electronic kiosks or gaming devices and machines. Upon the purchase of a license upgrade the Software may be embedded and resident within an electronic device provided it cannot be extracted from the device.
6.6 Large Volume Commercial Uses. Large Volume Commercial Uses include, but are not limited to, proper and authorized use of the Software in the creation of products, promotional campaigns and related materials; advertising campaigns and related materials; product packaging or printed materials that require or results in the creation of more than 250,000 reproductions; interior or exterior store signage for regional, national or international uses including billboards. Under such circumstances an additional license will be required.
7. RIGHTS RESERVED. This Software is licensed, not sold, to you by Retro Mart on behalf of the Author, and is licensed for use in accordance with the terms of this Agreement. As a licensee, your ownership of the magnetic and/or optical media on which the Software is recorded, if any, is distinct from and does not grant any right, title or interest in and to the design of the Font Software or the Software itself. All copies of the Software downloaded or installed, including the copy(ies) of any Software that accompanies this document either as part of a downloaded file or on recorded media, such as, but not limited to, magnetic or optical media, remain the exclusive property of Retro Mart and/or the Author. The Retro Mart Software and the design of the Font embodied therein are the exclusive property of Retro Mart and the Author and are protected under both domestic and international copyright, trademark and unfair competition laws. The various names of the Fonts are the trademarks of Retro Mart and/or the Author. All other trademarks are the property of their respective owners, and may be registered in the United States and/or other jurisdictions. Direct any questions, in writing, to: Retro Mart, 3224 Anric Drive, Eau Claire WI 54701.
8. ARTWORK RESTRICTED. In the event any images, textures, dingbats or other artwork forms are part of the Software, use of the artwork is further restricted. You may not use artwork, drawings or dingbats for professional uses such as, but not limited to, goods for sale, in logo design, retail packaging or point of sale displays. Any such use requires the purchase of a license upgrade. You may contact Retro Mart at firstname.lastname@example.org for custom licensing information.
9. DERIVATIVE WORKS PROHIBITED. You may not alter Software in any manner whatsoever. Reformatting the Software into other formats or for use in other operating systems is expressly prohibited. Altering or amending the embedding bits characteristics of the Software is expressly prohibited. The Software may not be used to create or distribute any electronic document in which the Software, or any part thereof, is embedded in a format that permits editing, alterations, enhancements, or modifications by the recipient of such document. Derivative works based upon the Retro Mart Software may not be sublicensed, sold, leased, rented, lent, or given away without written permission from Retro Mart. Retro Mart shall not be responsible for unauthorized, modified and/or improperly regenerated, adapted or translated software or derivative works.
10. TERMINATION. Any breach of the terms of this Agreement shall be cause for termination of this License. In the event of termination, and without limitation of any remedies under law and equity, you agree to immediately return the Software to Retro Mart and certify that no copy remains in your possession or control.
11. COMPLIANCE WITH LAWS. You shall be responsible for your compliance with all laws relating to the control of exports or the transfer of technology in connection with any use and distribution of the Software. The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government, governmental authorities, its employees or vendors may be subject to restrictions set forth in federal law and regulations. If applicable, you hereby agree to familiarize yourself and adhere to any applicable rule, regulation or statute that may apply. The contractor / manufacturer The Author’s Name c/o Retro Mart, Inc., 3224 Anric Drive, Eau Claire, WI 54701.
12. REVOCATION OF WARRANTIES. Subject to the representations and warranties stated herein, the Software is provided "AS IS" and without fiduciary obligation to you or other warranties of any kind and Retro Mart AND THE AUTHOR OF THE SOFTWARE EACH hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RETRO MART DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE IS WITHOUT DEFECTS. THE SOFTWARE IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. THE SOFTWARE IS NOT FAULT TOLERANT AND IS NOT INTENDED FOR USE IN THE CONTROL OR OPERATION OF DEVICES OR EQUIPMENT FOR MANUFACTURING, OR FOR USE IN NAVIGATIONAL DEVICES. UNDER NO CIRCUMSTANCES SHALL RETRO MART OR THE AUTHOR BE LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. Under no circumstances, subject to the conditions noted herein, shall Retro Mart; or the AUTHOR’Ss maximum liability to you or any third party exceed the replacement cost of Software or the provision of substitute software, at the sole discretion of Retro Mart.
13. OTHER LAW - CONSUMERS ONLY. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, implied warranties or implied warranties as they relate to sales to non-business purchases to consumers. ANY IMPLIED WARRANTY OR CONDITION CREATED BY LAW IS ONLY EFFECTIVE FOR A THIRTY (30) DAY WARRANTY PERIOD OR THE SHORTEST PERIOD ALLOWED BY ANY APPLICABLE RULE, LAW OR STATUTE. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE SHORTEST APPLICABLE WARRANTY PERIOD. The exclusions noted above may not apply to you. Otherwise, and to the extent permissible by law, you agree that all implied warranties are not to be effective for more than thirty (30) days.
14. GOVERNING LAW. This Agreement will be governed by the laws of the State of Wisconsin as applies to contracts entered into and wholly performed therein without application of its conflict of law provisions or the conflict of law provisions of any other jurisdiction. You hereby expressly consent to the personal jurisdiction of the local, state or federal courts selected by Retro Mart for the hearing or resolution of any dispute or action arising out of or related to this License and you hereby further expressly waive any jurisdiction or venue defenses and agree to services of process by certified mail return receipt requested. All remedies are cumulative not exclusive.
15. COMPLETE AGREEMENT. You acknowledge that you have read this agreement and understand it and that by using the software you will be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Retro Mart and you which supersedes any proposal or prior agreement, oral or written, and any other communications between Retro Mart and you relating to the subject matter of this Agreement. No variation of the terms of this agreement or any different terms will be enforceable against Retro Mart unless Retro Mart gives its express written consent, including a written express waiver of the terms of this. If any provision of this agreement is held void or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions of this agreement will remain in full force and effect. Retro Mart expressly reserves the right to amend or modify this License Agreement at any time and without prior notification.
16. LICENSE UPGRADES. License upgrades may be purchased for uses that are prohibited or otherwise restricted. You may contact Retro Mart at email@example.com for custom licensing information.