Vectors End User License Agreement
END USER LICENSE AGREEMENT FOR SNAPPY HOUR VECTOR IMAGES
Read This Agreement Before Using The Software
EPS/WMF Software - 5 End User License
Our software license agreement (the "Agreement") for Mister Retro software (such software including Mister Retro vector images 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 vector image Software as described above on the Permitted Number of Workstations and may output such vector image 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 vector image 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 vector image 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 vector image Software for any purpose other than outputing your work. They may keep the vector image Software on file for use with future jobs on your behalf.
Mister Retro Snappy Hour images and illustrations are ROYALTY FREE EXCEPT for the following applications:
1. PRODUCT FOR SALE
2. LOGO DESIGN
3. RETAIL PACKAGING/POINT OF SALE DISPLAY
4. APPLICATIONS OVER 500,000 IMPRESSIONS
Web use is unrestricted in applications under 150 x 150 pixels. Applications over this size will be priced on an individual basis.
Images MAY BE USED on a worldwide and perpetual basis for:
Advertising, promotion, communication, and editorial use in the following mediums: newspapers, direct mail, consumer magazines, trade magazines, television commercials, annual reports, billboards, point-of-sale displays, brochures, newsletters, invitations, internet banners, website graphics, impermanent signs, transit boards, sales kits, trade show display, and any promotional items that are given away free of charge.
Images MAY NOT BE USED for the following purposes:
Product for sale, trademark, sublicensing, defamatory or libelous purposes.
Mister Retro Snappy Hour Vector Images images may not be used on product for sale such as t-shirts, mugs, cards, CD packaging, general packaging, hang-tags, books, and other products that are sold (editorial use by newspapers and magazines is permitted). Further, these images may not be used in any type of style guide and may not be used as reference, a comp (comprehensive) or prototype for design or images that may be incorporated into a product that is sold. If you would like to use an image for any of these pruposes, you mustcontact Mister Retro to purchase a written extended license.
Mister Retro Snappy Hour Vector Images may not be used in any application which is or relates, libelous or infringing use. Mister Retro Snappy Hour Vector Images may not be redistributed, syndicated, resold, sublicensed, or placed online in an FTP or downloadable format. Mister Retro Snappy Hour Vector Images may not be used by any person or entity other than the Licensee for projects for the Licensee or the Licensee's clients. Since Mister Retro Snappy Hour Vector Images are licensed on a nonexclusive basis, they may not be used in any logo, trademark or service mark applications.
Mister Retro Snappy Hour Vector Images are copyrighted material and may not be decompiled, reverse engineered, disassembled, or otherwise reduced to human readable form.
If the vector image 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.
Editorial Credits: Images used for editorial purpose must be accompanied by the following credit "Image(s) Derek Yaniger/MrRetro.com" or "Illustration by Derek Yaniger/MrRetro.com."
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 MISTER RETRO OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR LICENSING OF THE SOFTWARE.
MISTER RETRO 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 MISTER RETRO 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 MISTER RETRO 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 Snappy Hour Vector Images to an Licensee at Mister Retro' sole discretion. At the sole discretion of Mister Retro, Mister Retro Snappy Hour Vector Images may be discontinued or be replaced with an alternative at any time without prior notice and any rights granted to use Mister Retro Snappy Hour Vector Images may be revoked, and you, your employer, and/or your client if applicable, agree not to use Mister Retro Snappy Hour Vector Images 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, 3224 Anric Drive, Eau Claire, WI 54701.
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 MISTER RETRO AND YOU WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN MISTER RETRO 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 MISTER RETRO UNLESS MISTER RETRO GIVES ITS EXPRESS CONSENT, INCLUDING AN EXPRESS WAIVER OF THE TERMS OF THIS AGREEMENT, IN WRITING, SIGNED BY MISTER RETRO. 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.
Shappy Hour Vector Images 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, 3224 Anric Drive, Eau Claire, WI 54701.