Machine Wash Image Filters 1/Machine Wash Image Filters.iso/pc/Machine Wash License.txt

Text File | 2004-09-24 | 10.5 KB | 233 lines

End User License Agreement For the Mister Retro Machine Wash II Image Filters

Read This Agreement Before Using The Software

PDF Software - 5 Workstation License

Our software license agreement (the "Agreement") for
Mister Retro software (such software including Mister Retro
PDF image files being referred to herein as the "Software") is
printed in this document so you can read it before using the
software.

BY USING THE SOFTWARE YOU ACCEPT THE TERMS
AND CONDITIONS OF THIS SOFTWARE LICENSE
AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS
AND CONDITIONS OF THIS SOFTWARE LICENSE
AGREEMENT, DO NOT USE THE SOFTWARE, PROMPTLY
RETURN THE ENTIRE PACKAGE INCLUDING THE
UNUSED SOFTWARE, ALONG WITH YOUR ORIGINAL
RECEIPT, TO YOUR PLACE OF PURCHASE FOR A FULL
REFUND OF YOUR PURCHASE PRICE.

In return for our granting to you a license to use the Software
contained in this package and the documentation included with
it, you agree to the following terms and conditions:


1. Grant of License:

1.1 Standard Rights and Restrictions. The Software is the
intellectual property of Mister Retro and
its licensors, and is protected by law, including United States
copyright laws and international treaties.


Mister Retro grants to you a non-exclusive, non-transferable license
to: (a) install the Software at a single location on a
hard disk or other storage device for use on the number of workstations
indicated at the beginning of this License Agreement ("Permitted Number of
Workstations"); or Provided the Software is configured for network use,
install and use the Software on a single file server for use on a single
local area network for either (but not both) of the following purposes;
(1) permanent installation onto a hard disk or other storage device for
use on the Permitted Number of Workstations; or (2) use of the Software
over such network, provided the number of different workstations on which
the Software is used does not exceed being used on the Permitted Number
of Workstations.

Make one backup copy of the Software.

You may use the PDF Software as described
above on the Permitted Number of Workstations and may output such PDF
Software on any output device connected to such workstations. In
addition, if the Number of Permitted Workstations is five or less, you may
download the PDF Software to the memory (hard disk or RAM) of one output
device connected to at least one of such workstations for the purpose of
having such PDF product remain resident in the output device, and of one
additional such output device for every multiple Number of Permitted
Workstations.

You may give a copy of this Software to any service bureau which you hire
to output your film, paper or colour proofs, provided that they do not use
the PDF Software for any purpose other than outputing your work. They may
keep the PDF Software on file for use with future jobs on your behalf.

If there are illustrations or images in the PDF Software other than letterforms,
numbers, punctuation marks, diacritics, etc, you may NOT use the PDF
Software in a manner where the illustration or image becomes the
primary aspect of a product for resale. For example, if an image was used on a
coffee cup, to sell the coffee cup, or on a t-shirt to sell the t-shirt or on a
greeting card to sell the greeting card, etc.

If the PDF Software is needed to be used on more than the Permitted
Number of Workstations, or for other purposes, additional licensing may be
required and you must contact Mister Retro for more information.


2. Proprietary Rights. This Software is licensed, not sold, to
you by Mister Retro, for use only under the terms of this Agreement.
As a licensee, you own the magnetic and/or optical media on
which the Software is recorded, but Mister Retro retains title to and
ownership of the Software itself, and all copies of the Software,
including the copy(ies) contained in this package.


3. No Other Rights. Except as stated above, this Agreement
does not grant you any other right to patents, copyrights, trade
secrets, trade names, trademarks (whether registered or
unregistered), or any other rights, franchises, or licenses with
respect to the Software and documentation.


4. No Reverse Compilation. Except as specifically stated in
Section 1, above, YOU MAY NOT MODIFY, TRANSLATE,
DISASSEMBLE, OR DECOMPILE THE SOFTWARE OR ANY
COPY, IN WHOLE OR IN PART without express permission
from Mister Retro.


5. Term. This license is effective until terminated. You may
terminate this license at any time by destroying the Software
and its documentation together with all copies or modifications
in any form. The Mister Retro will have the right to terminate your
license immediately if you fail to comply with any term or
condition of this Agreement. You agree that, upon any such
termination, you will destroy the Software and its
documentation together with all copies or modifications in any
form.


6. Limited Warranty. The Mister Retro warrants to you that the
Software will perform substantially as described in this user
manual for a period of ninety (90) days from the date of
purchase. If the magnetic and/or optical recording media
contained in this package are defective, Mister Retro will replace it
at no charge to you if you return it to Mister Retro at the address
below, with proof of purchase, within (90) days after you
purchase it. Your sole and exclusive remedy, and Mister Retro's
sole and exclusive liability, will be either replacement of the
disk or a refund of the purchase price in accordance with this
limited warranty. If for any reason you are dissatisfied with the
Software, please return it to the place of purchase within ninety
(90) days after you purchased it, along with original receipt, for
a full refund of your purchase price.

THE LIMITED WARRANTY STATED ABOVE IS THE ONLY
WARRANTY OR REPRESENTATION OF ANY KIND WITH
RESPECT TO THE SOFTWARE MADE BY THE FONT DINER OR
ANY THIRD PARTY INVOLVED IN THE CREATION,
PRODUCTION, DELIVERY, OR LICENSING OF THE
SOFTWARE.

THE FONT DINER AND ANY THIRD PARTY INVOLVED IN THE
CREATION, PRODUCTION, DELIVERY, OR LICENSING OF
THE SOFTWARE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, WITH RESPECT TO THE SOFTWARE, ITS
QUALITY, RELIABILITY, OR PERFORMANCE; OR ITS
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, OR FITNESS FOR A PARTICULAR
PURPOSE.


7. Limit of Liability. IN NO EVENT SHALL THE FONT DINER OR
ANY THIRD PARTY INVOLVED IN THE CREATION,
PRODUCTION, DELIVERY, OR LICENSING OF THE
SOFTWARE BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL,
DIRECT, OR INDIRECT DAMAGES OF ANY KIND ARISING
OUT OF THE USE OF THE SOFTWARE OR ANY DEFECT IN
THE SOFTWARE, EVEN IF THE FONT DINER OR ANY THIRD
PARTY INVOLVED IN THE CREATION, PRODUCTION,
DELIVERY, OR LICENSING OF THE SOFTWARE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In the event any liability is imposed on Mister Retro or
any third party involved in the creation, production, delivery or
licensing of the Software, Mister Retro's or such third party's
liability to you or any third party shall not exceed the purchase
price paid for this product.

Some states do not allow limitations on the duration of an
implied warranty or exclusion or limitation on liability for
incidental or consequential damages; therefore, the limitations
set forth in this warranty may not apply to you. This warranty
gives you specific legal rights, and you may also have other
rights that vary from state to state. Mister Retro reserves the right
to decline to license Mister Retro Machine Wash Image Filters to any
Licensee at Mister Retro' sole discretion. At the sole discretion of
Mister Retro, Mister Retro Machine Wash Image Filters may be
discontinued or be replaced with an alternative at any time without
prior notice and any rights granted to use Mister Retro Machine Wash
Image Filters may be revoked, and you, your employer, and/or your
client if applicable, agree not to use Mister Retro Machine Wash
Image Filters in the future. Upon notice of any discontinuance of a
license for a particular image or collection, you shall be entitled to
monetary compensation equal to the full amount paid for the CD
collection plus shipping expense.


8. Export. You acknowledge that the laws and regulations of
the United States restrict the export and re-export of
commodities and technical data of United States origin,
including the Software and any medium containing it. You
agree that you will not export or re-export the Software or media
in any form without the appropriate United States and foreign
government license. You also agree that your obligations
pursuant to this Section 8 will survive and continue after any
termination of rights under this Agreement.


9. U.S. Government Restricted Rights. The Software and
documentation are provided with RESTRICTED RIGHTS. Use,
duplication or disclosure by the government is subject to
restrictions set forth in subdivision (c)(1)(iii) of the Rights in
Technical Data and Computer Software clause at 48 CFR
252.227-7013, or in subdivision (c)(1) or (2) of the Commercial
Computer Software - Restricted Rights clause at 48 CFR
52.227-19, as applicable. The contractor/manufacturer is
Font Diner, 2493 Arnold Palmer Drive, Blaine, MN 55449

10. Choice of Law. This Agreement will be governed by the
laws of the State of Minnesota as applied to transactions taking
place wholly within Minnesota between Minnesota residents.


11. Integration. 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 THE FONT DINER
AND YOU WHICH SUPERSEDES ANY PROPOSAL OR
PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY
OTHER COMMUNICATIONS BETWEEN THE FONT DINER 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 THE FONT DINER UNLESS THE FONT DINER
GIVES ITS EXPRESS CONSENT, INCLUDING AN EXPRESS
WAIVER OF THE TERMS OF THIS AGREEMENT, IN
WRITING, SIGNED BY THE FONT DINER. IF ANY PROVISION OF
THIS AGREEMENT IS HELD 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.

Machine Wash II Image Filters is a trademark of Mister Retro.
Mister Retro is a DBA of Font Diner, Inc. A Minnesota Corporation
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 concerning this
Agreement, in writing, to: Font Diner, 2493 Arnold Palmer Drive, Blaine, MN 55449