End-User License Agreement for RetouchXpress Plugins
Be sure to carefully read and understand all of the rights and restrictions described in this End-User License Agreement (hereinafter referred to as "EULA"). Once you download and/or subscribe to use our plugins you will be asked to review and either accept or not accept the terms of the EULA. This software will not install on your computer unless you accept the terms of this EULA. During the installation process your click on the "Yes" button is a symbol of your signature that you accept the terms of the EULA.
This EULA is a legal agreement between you (either an individual or a single entity) and Rosehill Marketing Ltd. (hereinafter referred to as "Rosehill") for all RetouchXPress products accompanying this EULA, which includes computer software and may include associated media, printed materials, and any "online" or electronic documentation (hereinafter referred to as "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install or use the SOFTWARE.COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Rosehill. All title and intellectual property rights in and to the content that is not contained in the SOFTWARE, but may be accessed through use of the SOFTWARE, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE. RetouchXPress software codes, concept, and logo are trademarks of Rosehill. Other company names, logos, product and service brand names are trademarks or registered trademarks of their respective holders. The legal trademarks and names in this SOFTWARE, is intended to reflect affiliations with or endorsements with this SOFTWARE or Rosehill.SOFTWARE PRODUCT LICENSE
Grant of License: This license allows you to install and use one copy of the SOFTWARE on a single computer at a time. This License does not allow the SOFTWARE to exist on more than one computer at a time, and you may not make the SOFTWARE available over a network where it could be used by multiple computers at the same time. You may make one copy of the SOFTWARE in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
- Network: You may use the Software on a network, provided that each person is accessing the Software through the network and each one must have a licensed copy.
- Copy: You may copy the SOFTWARE solely for backup purposes, provided each copy maintains all copyright notices on all copies of the SOFTWARE.
- Reservation of Rights: All rights not expressly granted are reserved by Rosehill.
Rosehill grants to you the limited right to use the SOFTWARE in the manner set forth in this agreement. Notwithstanding any provisions in this agreement to the contrary, you may:
- Not allow other individual or entity to use the SOFTWARE without the proper license.
- Not modify, transfer, reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
- Not distribute any portion of the SOFTWARE or any derivative of any portion of the SOFTWARE in a software development product or otherwise in competition with Rosehill's distribution of the SOFTWARE.
- Not rent, lease, lend, or transfer ownership of the SOFTWARE.
- Not remove all copyright notices on all copies of the SOFTWARE.
Without prejudice to any other rights, Rosehill may terminate this EULA if you fail to comply with the terms and conditions of this EULA. Rosehill may terminate this EULA by offering you a superceding EULA for the SOFTWARE or any replacement or modified version of or upgrade to the SOFTWARE and conditioning your continued use of the SOFTWARE or such replacement, modified or upgraded version on your acceptance of such superceding EULA. In addition, Rosehill may terminate this EULA by notifying you that your continued use of the SOFTWARE is prohibited. In the event that Founder International terminates this EULA, you must immediately stop using the SOFTWARE and destroy all copies of the SOFTWARE and all of its component parts.TITLE
Title, ownership rights, and intellectual property rights in the SOFTWARE shall remain under the rights of Rosehill. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Title and related rights in the content accessed through the SOFTWARE is the property of the applicable content owner and may be protected by applicable law. This license does not give you any rights in any form to such content.DISCLAIMER OF WARRANTIES
The SOFTWARE and accompanying written materials (including instructions for use) are provided "AS IS". Rosehill does not warrant, guarantee or make any representations regarding the use, or the results of the use, of the SOFTWARE or written materials in terms of correctness, accuracy, reliability, current, or otherwise. Rosehill does not warrant that the SOFTWARE will meet your requirements, that operation of the SOFTWARE will be uninterrupted or error-free, or that all SOFTWARE errors will be corrected. Rosehill will have no responsibility to replace or refund the license fee for media damaged by accident, abuse or misapplication. You assume the entire risk as to the results and performance of the SOFTWARE. Should the SOFTWARE prove to be defective, you, the end-user, instead of Rosehill, will cover all the expenses incurred by servicing or repair work.
In addition, the security mechanisms implemented by FOUNDER have inherent limitations, and you must determine whether the SOFTWARE sufficiently meets your requirements. This Disclaimer of Warranties constitutes an essential and integral part of the agreement. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.LIMITATION OF LIABILITY
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Rosehill or its suppliers or resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitations, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. Under any event Rosehill or its suppliers will not be liable for any damages in excess of the amount Rosehill or its suppliers received from you for a license to the SOFTWARE, even if Rosehill shall have been informed of the possibility of such damages or for any claim by any other party. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law which prohibit such limitation. Furthermore, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.HIGH RISK ACTIVITIES
The SOFTWARE is not fault-tolerant and is not designed, manufactured or intended for using or reselling as online control equipment in hazardous environments requiring fail-safe performances, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapon systems, in which the failure of the SOFTWARE could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Rosehill and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.ENTIRE AGREEMENT
This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE) is the entire agreement between you and Rosehill relating to the SOFTWARE and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE or any other subject matter covered by this EULA. To the extent the terms of any Rosehill policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall prevail.MISCELLANEOUS
If the SOFTWARE you receive is accompanied by a copy of printed or other forms of "hard-copy" EULA whose terms differ from this electronic EULA, the hard-copy EULA governs the use of the SOFTWARE. This EULA represents the complete agreement concerning this license and may only be amended by writing agreed upon by both parties. If any provision of this EULA is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This EULA should be governed by the laws of Hungary.
Language: The original English version of this EULA has Japanese version, and may be translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this EULA, the English language version shall prevail.
Rosehill retains to this EULA finally explanation power.