RICHARD ROSENMAN ADVERTISING & DESIGN SOFTWARE INC. STORE TERMS AND CONDITIONS, USAGE RULES AND END USER SOFTWARE LICENSE AGREEMENT
THIS AGREEMENT BETWEEN YOU AND RICHARD ROSENMAN ADVERTISING & DESIGN INC, (“Richard Rosenman Advertising & Design”) GOVERNS YOUR USE OF THE RICHARD ROSENMAN® SOFTWARE PRODUCT DELIVERY SERVICE (THE “Software Product Services”) at www.richardrosenman.com, and all associated sites linked to www.richardrosenman.com by Richard Rosenman, its subsidiaries and affiliates, including but not limited to subdomains (collectively, the “Site”), and all Richard Rosenman software (“Software Products”).
THIS AGREEMENT INCLUDES THE FOLLOWING:
A. TERMS AND CONDITIONS OF THE RICHARD ROSENMAN SOFTWARE PRODUCT SERVICE;
B. USAGE RULES OF THE RICHARD ROSENMAN SOFTWARE PRODUCT SERVICE; AND
C. END USER LICENSE AGREEMENT FOR ALL RICHARD ROSENMAN SOFTWARE PRODUCTS.
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE EITHER REMOVING THE DISK FROM THE PACKAGE OR INSTALLING THE SOFTWARE PRODUCTS. BY INSTALLING THE SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST REFRAIN FROM INSTALLING THE SOFTWARE PRODUCTS AND, IF YOU OBTAINED THE SOFTWARE BY MEANS OF A DISC OR OTHER TANGIBLE MEDIA, PROMPTLY RETURN SUCH DISC, OTHER TANGIBLE MEDIA AND ITS PACKAGE TO RICHARD ROSENMAN WITHOUT USING IT.
A. TERMS AND CONDITIONS OF THE RICHARD ROSENMAN SOFTWARE PRODUCT SERVICE
Richard Rosenman is the provider of the Richard Rosenman Software Product Service that permits you to license software products and digital content (the “Software Products”) for end user use only under the terms and conditions set forth in this Agreement. For Software Products, end users may be individuals acting in their own capacities, commercial enterprises or educational institutions.
REQUIREMENTS FOR USE OF THE SOFTWARE PRODUCT SERVICE
The Software Product Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Use of the Software Product Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. The latest version of required software is recommended to access the Software Product Service and may be required for certain transactions or features and to download Software Products previously purchased from the Software Product Service. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Software Product Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Software Product Service.
As a registered user of the Software Product Service, you may establish an account (“Account”). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and you agree to immediately notify Richard Rosenman of any security breach of your Account. Richard Rosenman shall not be responsible for any losses arising out of the unauthorized use of your Account.
In order to purchase and download Software Products from the Software Product Service, you must enter your Richard Rosenman ID and password to authenticate your Account. Once you have authenticated your Account, you will not need to authenticate again for thirty minutes. During this time, you will be able to purchase and download Software Products without re-entering your password. You can turn off the ability to make Software Product purchases by terminating your sign-in session in one of two ways: (a) by explicitly signing out; or (b) by initiating no activity in your account for thirty minutes.
You agree to provide accurate and complete information when you register with, and as you use, the Software Product Service (“Software Registration Data”), and you agree to update your Software Registration Data to keep it accurate and complete. You agree that Richard Rosenman may store and use the Software Registration Data you provide for use in maintaining and billing fees to your Account.
AUTOMATIC DELIVERY AND DOWNLOADING PREVIOUS PURCHASES
After you first acquire downloaded Software Products (collectively, “Auto-Delivery Content”), as an accommodation to you, subsequent to acquiring Auto-Delivery Content (each, “Eligible Content”), you may download certain of such previously-purchased Eligible Content onto any computer you own or control. Richard Rosenman will generally seek to offer to you access to your history of your prior orders for you to reference in order to retrieve whatever serial numbers or licensed Software Products you seek, as well as trial versions of Software Products you have not yet licensed. Some Eligible Content that you previously purchased may not be available for subsequent download at any given time, and Richard Rosenman shall have no liability to you in such event. As you may not be able to subsequently download certain previously-purchased Eligible Content, once you download an item of Eligible Content, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up.
USE OF SOFTWARE PRODUCTS AND THE SOFTWARE PRODUCT SERVICE
You agree that the Software Product Service and certain Software Products include security technology that limits your use of Software Products and that, whether or not Software Products are limited by security technology, you shall use Software Products in compliance with the applicable usage rules established by Richard Rosenman and its principals (“Usage Rules”), and that any other use of the Software Products may constitute a copyright infringement. Any security technology is an inseparable part of the Software Products. Richard Rosenman reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Richard Rosenman for compliance purposes, and Richard Rosenman reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Software Product Service by any means other than through software that is specified or provided by Richard Rosenman for accessing the Software Product Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Software Product Service. Violations of system or network security may result in civil or criminal liability.
The delivery of Software Products does not transfer to you any promotional use rights in the Software Products.
You acknowledge that, because some aspects of the Software Product Service, Software Products, and administration of the Usage Rules entails the ongoing involvement of Richard Rosenman, if Richard Rosenman changes any part of or discontinues the Software Product Service, which Richard Rosenman may do at its election, you may not be able to use Software Products to the same extent as prior to such change or discontinuation, and that Richard Rosenman shall have no liability to you in such case.
SUBMISSIONS TO THE SOFTWARE PRODUCT SERVICE
The Software Product Service may from time to time offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Software Product Service accessible and viewable by other users of the Software Product Service and the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the Software Product Service. You hereby grant Richard Rosenman a worldwide, royalty-free, nonexclusive license to use such materials as part of the Software Product Service, and in relation to Software Products, without any compensation or obligation to you. Richard Rosenman reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
Richard Rosenman has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Software Product Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Richard Rosenman in its sole discretion deems appropriate, including, without limitation, termination hereunder or under Richard Rosenman’s Copyright Policy at http://richardrosenman.com/copyright/.
Certain content, Software Products, and services available via the Software Product Service may include materials from third parties. Richard Rosenman may provide links to third-party websites as a convenience to you. You agree that Richard Rosenman is not responsible for examining or evaluating the content or accuracy and Richard Rosenman does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Richard Rosenman is not in any way responsible for any such use by you.
You understand that by using the Software Product Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Software Product Service at your sole risk and Richard Rosenman shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Software Product types and descriptions are provided for convenience, and you agree that Richard Rosenman does not guarantee their accuracy.
You agree that the Software Product Service, including but not limited to Software Products, graphics, user interface, audio clips, editorial content, and the scripts and software used to implement the Software Product Service, contain proprietary information and material that is owned by Richard Rosenman and/or its principals, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Software Product Service in compliance with this Agreement. No portion of the Software Product Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Software Product Service in any manner, and you shall not exploit the Software Product Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Richard Rosenman and its principals reserve the right to change, suspend, remove, or disable access to any Software Products, content, or other materials comprising a part of the Software Product Service at any time without notice. In no event will Richard Rosenman be liable for making these changes. Richard Rosenman may also impose limits on the use of or access to certain features or portions of the Software Product Service, in any case and without notice or liability.
All copyrights in and to the Software Product Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Richard Rosenman and/or its principals, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SOFTWARE PRODUCT SERVICE, EXCEPT FOR USE OF THE SOFTWARE PRODUCT SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Richard Rosenman, the Richard Rosenman logo and other Richard Rosenman trademarks, service marks, graphics, and logos used in connection with the Software Product Service are trademarks or registered trademarks of Richard Rosenman, LLC in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Software Product Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
If you fail, or Richard Rosenman suspects that you have failed, to comply with any of the provisions of this Agreement, Richard Rosenman, at its sole discretion, without notice to you may:
(i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or
(ii) terminate the license to the software; and/or
(iii) preclude access to the Software Product Service (or any part thereof).
Richard Rosenman reserves the right to modify, suspend, or discontinue the Software Product Service (or any part or content thereof) at any time with or without notice to you, and Richard Rosenman will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
RICHARD ROSENMAN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SOFTWARE PRODUCT SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME RICHARD ROSENMAN MAY REMOVE THE SOFTWARE PRODUCT SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SOFTWARE PRODUCT SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SOFTWARE PRODUCT SERVICE IS AT YOUR SOLE RISK. THE SOFTWARE PRODUCT SERVICE AND ALL PRODUCTS AND SOFTWARE PRODUCT SERVICE DELIVERED TO YOU THROUGH THE SOFTWARE PRODUCT SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY RICHARD ROSENMAN) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL RICHARD ROSENMAN, ITS MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SOFTWARE PRODUCT SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SOFTWARE PRODUCT SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SOFTWARE PRODUCT SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES OR JURISDICTIONS, RICHARD ROSENMAN’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
RICHARD ROSENMAN SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SOFTWARE PRODUCT SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND RICHARD ROSENMAN HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
RICHARD ROSENMAN DOES NOT REPRESENT OR GUARANTEE THAT THE SOFTWARE PRODUCT SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND RICHARD ROSENMAN DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY SOFTWARE PRODUCTS PURCHASED FROM THE SOFTWARE PRODUCT SERVICE.
WAIVER AND INDEMNITY
BY USING THE SOFTWARE PRODUCT SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD RICHARD ROSENMAN, ITS MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SOFTWARE PRODUCT SERVICE, OR ANY ACTION TAKEN BY RICHARD ROSENMAN AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM RICHARD ROSENMAN, ITS MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SOFTWARE PRODUCT SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF RICHARD ROSENMAN’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Richard Rosenman reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Software Product Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Software Product Service will be deemed acceptance thereof.
This Agreement constitutes the entire agreement between you and Richard Rosenman and governs your use of the Software Product Service, superseding any prior agreements between you and Richard Rosenman. You also may be subject to additional terms and conditions that may apply when you use affiliate services, certain Software Products, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Richard Rosenman’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Richard Rosenman will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Software Product Service are operated by Richard Rosenman from its offices in Canada. You agree to comply with all local, provincial, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Software Product Service. All transactions on the Software Product Service are governed by Canadian law, without giving effect to its conflict of law provisions. Your use of the Software Product Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Richard Rosenman or relating in any way to your use of the Software Product Service resides in the provincial and federal courts sitting in Toronto, Canada. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Toronto upon electronic transmission to the recipient. No Richard Rosenman employee or agent has the authority to vary this Agreement.
Richard Rosenman may notify you with respect to the Software Product Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by posting on the Software Product Service. Notices shall become effective immediately.
Richard Rosenman reserves the right to take steps Richard Rosenman believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Richard Rosenman has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Richard Rosenman believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Richard Rosenman’s right to cooperate with any legal process relating to your use of the Software Product Service and/or Software Products, and/or a third-party claim that your use of the Software Product Service and/or Software Products is unlawful and/or infringes such third party’s rights).
ADDITIONAL SOFTWARE PRODUCTS STORE TERMS AND CONDITIONS
LICENSE OF SOFTWARE PRODUCTS
The software products made available through the Richard Rosenman Site (collectively, the “Software Products”) are licensed, not sold, to you. There are two (2) categories of Software Products, as follows:
(i) those Software Products that have been developed, and are licensed to you, by Richard Rosenman (“Richard Rosenman Products”); and
(ii) those Software Products that have been developed, and are licensed to you, by a third-party developer (“Third-Party Products”). The category of a particular Software Product (Richard Rosenman Product or Third-Party Product) is identified on the Software Product.
Your license to each Software Product is subject to the Licensed Software End User License Agreement set forth below, and you agree that such terms will apply unless the Software Product is covered by a valid end user license agreement entered into between you and the licensor of that Software Product (the “Software Provider”), in which case the Software Provider’s end user license agreement will apply to that Software Product. The Software Provider reserves all rights in and to the Software Product not expressly granted to you.
You acknowledge that the license to each Richard Rosenman Product that you obtain through the Richard Rosenman Site, as defined below, is a binding agreement between you and Richard Rosenman. You acknowledge that: you are acquiring the license to each Third-Party Product from the Software Provider; Richard Rosenman is acting as agent for the Software Provider in providing each such Third-Party Product to you; and Richard Rosenman is not a party to the license between you and the Software Provider with respect to that Third-Party Product. The Software Provider of each Third-Party Product is solely responsible for that Third-Party Product, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that Third-Party Product.
You acknowledge and agree that Richard Rosenman and its subsidiaries are third-party beneficiaries of the Licensed Software End User License Agreement or the Software Provider’s end user license agreement, as the case may be, for each Third-Party Product. You also agree that, upon your acceptance of the terms and conditions of the license to any such Third-Party Product, Richard Rosenman will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third-party beneficiary thereof.
B. USAGE RULES OF THE RICHARD ROSENMAN SOFTWARE PRODUCT SERVICE
Except as otherwise set forth herein,
(i) If you are an individual acting in your personal capacity, you may download and use an Software Product from the Richard Rosenman Site for personal, non-commercial use on any computer that you own or control.
(ii) If you are a commercial enterprise or educational institution, you may download an Software Product for use by either (a) a single individual on each of the computer(s) used by that individual that you own or control or (b) multiple individuals on a shared computer that you own or control. For example, a single employee may use a Richard Rosenman Software Product on both the employee’s desktop computer and laptop computer, or multiple students may serially use a Richard Rosenman Software Product on a single computer located at a resource center or library. For the sake of clarity, each computer used serially by multiple users requires a separate license.
(iii) Use may require sign-in with the Richard Rosenman ID used to download the Richard Rosenman Software Product from the Richard Rosenman Site. Richard Rosenman Software Products can be updated through the Richard Rosenman Site only.
RICHARD ROSENMAN SOFTWARE PRODUCT MAINTENANCE AND SUPPORT
Richard Rosenman may decide to provide limited maintenance and/or support via internet and e-mails or any other form it thinks appropriate. Maintenance and support services are with respect to the Richard Rosenman Products only, as specified in the Licensed Software End User License Agreement or the separate end user license agreement, as the case may be, or as required under applicable law. Response times are not fixed nor guaranteed and may vary. Richard Rosenman is not responsible if support was not supplied to the User. The Software Provider of any Third-Party Product will be solely responsible for providing maintenance and support services with respect to that Product, as specified in the Licensed Software End User License Agreement or the Software Provider end user license agreement, as the case may be, or as required under applicable law.
C. END USER LICENSE AGREEMENT FOR ALL RICHARD ROSENMAN SOFTWARE PRODUCTS
LICENSED SOFTWARE END USER LICENSE AGREEMENT
The Richard Rosenman End User License Agreement for all Richard Rosenman software product can be found at http://richardrosenman.com/eula/.