Software License
Plain English Language
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE USING THE “THE RASTER SHOP, LLC” SOFTWARE. BY
USING THE “THE RASTER SHOP, LLC” SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT
AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE OR INSTALL THE SOFTWARE.
IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE “THE RASTER SHOP, LLC” SOFTWARE TO THE PLACE WHERE
YOU OBTAINED IT FOR A REFUND.
IF THE “THE RASTER SHOP, LLC” SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK THE "DISAGREE OR DECLINE" BUTTON DUEING
THE INSTALLATION. FOR “THE RASTER SHOP, LLC” SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE
ENTIRE HARDWARE AND SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.
Important Notice:
This software may be used to reproduce, modify, publish and distribute materials. It is licensed to you only for
reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the
copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are
uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor.
General.
The software and documentation accompanying this License whether pre-installed on “The Raster Shop, LLC” labeled
hardware, on disk, in read only memory, on any other media or in any other form, collectively the “The Raster
Shop, LLC Software” are licensed, not sold, to you by The Raster Shop, LLC. [“TRS”] for use only under the terms
of this License, and TRS reserves all rights not expressly granted to you. The rights granted herein are limited to
TRS's and its licensors' intellectual property rights in the TRS Software as licensed hereunder and do not include
any other patents or intellectual property rights. You own the media on which the TRS Software is recorded but TRS
and or TRS’s licensor[s] retain ownership of the TRS Software itself. The terms of this License will govern any software
upgrades provided by TRS that replace and or supplement the original TRS Software product, unless such upgrade is
accompanied by a separate license in which case the terms of that license will govern.
Title and intellectual property rights in and to any content displayed by or accessed through the TRS Software belongs to
the respective content owner. Such content may be protected by copyright or other intellectual property laws and
treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you
any rights to use such content nor does it guarantee that such content will continue to be available to you.
Permitted License Uses and Restrictions.
A. Single Use. This License allows you to install, use and run one copy of the TRS Software on a single computer
at a time. This License does not allow the TRS Software to exist on more than one computer at a time, and you may
not make the TRS Software available over a network where it could be used by multiple computers at the same time.
B. You may make one copy of the TRS Software [excluding TRS firmware that is embedded or otherwise contained in TRS-labeled
hardware] 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. TRS firmware is provided only for use on TRS-labeled hardware
and you may not copy, modify or redistribute the firmware, or any portions thereof.
C. TRS has provided, as part of the TRS Software package, access to certain third party software as a convenience. To
the extent that the TRS Software contains third party software, TRS has no express or implied obligation to provide any
technical or other support for such software. Please contact the appropriate software vendor or manufacturer directly
for technical support and customer service related to its software and products.
D. Except as and only to the extent permitted by applicable licensing terms governing use of the Open-Sourced Components, or
by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the
TRS Software or any part thereof. THE TRS SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE
FAILURE OF THE TRS SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Transfer.
You may not rent, lease, lend, redistribute or sublicense the TRS Software. Subject to the restrictions set forth below, you
may, however, make a one-time permanent transfer of all of your license rights to the TRS Software [in its original form as
provided by TRS] to another party, provided that: [a] the transfer must include all of the TRS Software, including all its
component parts [excluding TRS firmware], original media, printed materials and this License; [b] you do not retain any
copies of the TRS Software, full or partial, including copies stored on a computer or other storage device; and [c] the
party receiving the TRS Software reads and agrees to accept the terms and conditions of this License. You may not rent,
lease, lend, redistribute, sublicense or transfer any TRS Software that has been modified or replaced under Section 2D
above. All components of the TRS Software are provided as part of a bundle and may not be separated from the bundle and
distributed as standalone applications. TRS Software provided with a particular TRS-labeled hardware product may not run
on other models of TRS-labeled hardware.
Updates: If an TRS Software update completely replaces [full install] a previously licensed version of the TRS Software, you
may not use both versions of the TRS Software at the same time nor may you transfer them separately.
Evaluation Copies: Notwithstanding other sections of this License, TRS Software labeled or otherwise provided to you on a
promotional or not-for-resale basis may only be used for demonstration, testing and evaluation purposes and may not be
resold or transferred.
Consent to Use of Data.
You agree that TRS and its subsidiaries may collect and use technical and related information, including but not limited
to technical information about your computer, system and application software, and peripherals, that is gathered periodically
to facilitate the provision of software updates, product support and other services to you [if any] related to the TRS
Software, and to verify compliance with the terms of this License. TRS may use this information, as long as it is in a
form that does not personally identify you, to improve our products or to provide services or technologies to you.
Termination.
This License is effective until terminated. Your rights under this License will terminate automatically without notice
from TRS if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease
all use of the TRS Software and destroy all copies, full or partial, of the TRS Software.
Limited Warranty on Media.
TRS warrants the media on which the TRS Software is recorded and delivered by TRS to be free from defects in materials
and workmanship under normal use for a period of ninety days from the date of original retail purchase. Your exclusive
remedy under this Section shall be, at TRS’s option, a refund of the purchase price of the product containing the TRS
Software or replacement of the TRS Software which is returned to TRS or an TRS authorized representative with a copy of
the receipt.
THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY
DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU
AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES CREATED BY ANY DOCUMENTATION, PACKAGING OR OTHERWISE. THIS LIMITED WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
Disclaimer of Warranties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE TRS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH
ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TRS SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED
BY THE TRS SOFTWARE ["SERVICES"] ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TRS AND
TRS'S LICENSORS [COLLECTIVELY REFERRED TO AS “TRS” FOR THE PURPOSES OF SECTIONS 7 AND 8] HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH RESPECT TO THE TRS SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND / OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY,
OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
TRS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE TRS SOFTWARE, THAT THE FUNCTIONS CONTAINED IN,
OR SERVICES PERFORMED OR PROVIDED BY, THE TRS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE TRS
SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE TRS SOFTWARE OR SERVICES WILL BE COMPATIBLE WITH
THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE TRS SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY TRS OR AN TRS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE TRS SOFTWARE OR SERVICES
PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE
EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
The TRS Software automatically references, displays, links to, and provides web services related to, sites and information
located worldwide throughout the Internet. Because TRS has no control over such sites and information, TRS makes no
guarantees as to such sites and information, including but not limited to: [a] the accuracy, availability, sequence,
completeness, currency, content, validity or quality of any such sites and information, or (b) whether an TRS search
completed through the TRS Software may locate unintended or objectionable content. Because some of the content on the
Internet consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age
of 18, the results of any search or entering of a particular URL using the TRS Software may automatically and
unintentionally generate links or references to objectionable material. By using the TRS Software, you acknowledge that
TRS makes no representations or warranties with regard to any sites or information displayed by or accessed through the
TRS Software, or any web services performed by the TRS Software in relation to such sites or information. TRS, its
officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other
person for the content you receive using the TRS Software or for any inaccuracies, errors in or omissions from the
content. Financial information displayed by the TRS Software is for general informational purposes only and is not
intended to be relied upon as investment advice.
Before executing any securities transaction based upon information obtained through the TRS Software, you should consult
with a financial professional. Neither TRS nor any of its content providers guarantees the accuracy, completeness, or
timeliness of stock information appearing within the TRS Software. The TRS Software may be used to conduct automated
translations. As automated translations are performed by software tools and do not involve any human intervention or
verification, it is not advisable to rely upon such translations where absolute accuracy is required. Backup functions
performed by the TRS Software are only carried out at certain times and are subject to hardware limitations such as
drive storage capacity.
TRS and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without
notice. In no event will TRS be liable for the removal of or disabling of access to any such Services. TRS may also impose
limits on the use of or access to certain Services, in any case and without notice or liability.
Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TRS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA,
BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO
USE THE TRS SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY [CONTRACT, TORT OR OTHERWISE] AND EVEN IF
TRS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY
FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event
shall TRS's total liability to you for all damages [other than as may be required by applicable law in cases involving
personal injury] exceed the amount of one-hundred dollars. The foregoing limitations will apply even if the above stated
remedy fails of its essential purpose.
Digital Certificates.
Some TRS Software contains functionality that allows it to accept digital certificates either issued from TRS or from third
parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY TRS OR A THIRD
PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TRS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR
IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD
PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES.
You agree that [a] you will not falsify or misuse any certificate; [b] you will use Digital Certificates for legal purposes
only and in accordance with any applicable Certificate Policy, Certificate Practice Statement or other Certificate Authority
business practice disclosures; [c] you are solely responsible for preventing any unauthorized user from making use of your
Digital Certificates; and [d] you will revoke any certificate that you have reason to believe has been compromised.
Export Control.
You may not use or otherwise export or re-export the TRS Software or Product except as authorized by United States law and
the laws of the jurisdiction in which the TRS Software or Product was obtained. In particular, but without limitation, the
TRS Product may not be exported or re-exported [a] into any United States embargoed countries or [b] to anyone on the
United States Treasury Department's list of Specially Designated Nationals or the United States Department of Commerce
Denied Person’s List or Entity List. By using the TRS Software or Product, you represent and warrant that you are not
located in any such country or on any such list.
Government End Users.
The TRS Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting
of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in
48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1
through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are
being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted
to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright
laws of the United States.
Controlling Law.
This License will be governed by and construed in accordance with the laws of the State of Colorado, as applied to
agreements entered into and to be performed entirely within Colorado between Colorado residents. This License shall not be
governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is
expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be
unenforceable, the remainder of this License shall continue in full force and effect.
Complete Agreement; Governing Language.
This License constitutes the entire agreement between the parties with respect to the use of the TRS Software licensed
hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or
modification of this License will be binding unless in writing and signed by TRS. Any translation of this License is
done for local requirements and in the event of a dispute between the English and any non-English versions, the English
version of this License shall govern.
Third Party Acknowledgements.
A. Portions of the TRS Software utilize or include third party software and other copyrighted material. Acknowledgements,
licensing terms and disclaimers for such material are contained in the “online” electronic documentation for the TRS
Software, and your use of such material is governed by their respective terms.
B. Certain software libraries and other third party software included with the TRS Software are free software and licensed
under the terms of the GNU General Public License [GPL] or
the GNU Library Lesser General Public License [LGPL], as the case
may be. You may obtain a complete machine-readable copy of the source code for such free software under the terms of
the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written
request to TRS. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without
even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included
with the TRS Software.
C. Use of Adobe Color Profiles. You may use the Adobe Color Profiles but Adobe is under no obligation to provide any
support for the Color Profiles hereunder, including upgrades or future versions of the Profiles or other items. In
addition to the provisions of Sections 7 and 8 above, IN NO EVENT WILL ADOBE BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR
COSTS WHATSOEVER. The Adobe Color Profile software distributed with the TRS Software is also available for download
from Adobe at adobe.com.
The Raster Shop, LLC
15800 West Colfax Avenue,
Suite # C
Golden, Colorado. 80401-7417
therastershop.com