RetroCapture Pro License

RetroCapture Pro is licensed on a per-server, unlimited term basis under the following license and support agreement. Please review this agreement, then return to the downloads page to obtain a licensed copy of RetroCapture Pro.

SOFTWARE LICENSE AGREEMENT - RETROCAPTURE PRO

Retrologic is willing to license the RetroCapture Pro application 
to you on an unlimited term basis upon the condition that you accept 
all of the terms contained in this license agreement. Please read 
the terms and conditions of this license carefully. 

1. DEFINITIONS
"Licensed Software" means the RetroCapture Pro software and Related 
Materials which are provided to you for your use with the Licensed 
Software.

"Related Materials" means all documentation and machine readable 
materials (including libraries, executables, source files, header files 
and data files) provided to you by Retrologic.

"Web Application Server" means a computer system used to run the 
web-application this is to be protected by RetroCapture Pro images.

2. LICENSE TO USE LICENSED SOFTWARE
Retrologic hereby grants to you (the "Licensee") a non-exclusive, 
non-transferable, royalty-free, unlimited-term license to use the 
Licensed Software and Related Materials on a single Web Application 
Server. No license is granted to you for any other purpose. You may 
not distribute the Licensed Software and/or Related Materials in whole 
or in part, to any third party. 

You acknowledge that nothing in this Agreement gives you the right to
use any trademark, trade name or service mark of Retrologic. 
Retrologic retains exclusive ownership of the Licensed Software and 
Related Materials.

3. TERM AND TERMINATION OF AGREEMENT
This Agreement shall commence on the date which the Licensee installs 
the Licensed Software (the "Effective Date").

Retrologic may terminate this Agreement immediately should the Licensee 
materially breach any of its provisions or take any action in 
derogation of Retrologic's rights to the Confidential Information 
licensed to you. 

Unless otherwise instructed by Retrologic, within thirty (30) days after
any termination of this Agreement, the Licensee will destroy all 
Licensed Software and Related Materials and the Confidential Information
covered by this Agreement, as well as any copies.

The provisions regarding Confidential Information and Limitation of 
Liability shall survive any termination of this Agreement. 

4. CONFIDENTIAL INFORMATION.
"Confidential Information" means the Licensed Software and Related 
Materials and any other information which Retrologic supplies to 
you under this Agreement which Retrologic deems to be such. 

You shall treat all Confidential Information of Retrologic with the 
same degree of care, but no less than reasonable care, as you use to 
protect your own Confidential Information. You acknowledge that you 
do not acquire any rights of ownership or title in the Confidential 
Information, which remains the sole property of Retrologic.

You may not reverse engineer, decompile, or disassemble the Licensed 
Software, except and only to the extent that such activity is expressly 
permitted by applicable law notwithstanding this limitation.

The provisions of this Section 4 shall survive termination or 
expiration of this License Agreement for a period of five (5) years 
from the date of each disclosure to you.

5. WARRANTY AND DISCLAIMER OF WARRANTY
Retrologic warrants to you that it has the right and power to enter 
into this Agreement and, to the best of its knowledge, that it has 
the right to grant the license discussed in Section 2 above.

The Licensed Software may contain errors and is not designed or 
intended for use in real-time systems or other critical systems such
as aircraft navigation systems, communication systems, air traffic 
control, direct life support machines or weapons systems ("High Risk
Activities") in which the failure of the Licensed Software would lead
directly to death, personal injury or severe physical or environmental
damage. You represent and warrant to Retrologic that you will not use,
distribute or license the Licensed Software for High Risk Activities.

Except as specifically set forth in the first Subparagraph of this 
Section 5, the Licensed Software and Related Materials are provided 
to you "as is" and Retrologic disclaims all warranties and 
representations, whether express or implied, with respect to the 
Licensed Software and Related Materials including, but not limited 
to, the warranties of design, merchantability or fitness for a 
particular purpose, warranties arising from a course of dealing, 
usage or trade practice, or warranties concerning the non-infringement 
of third party rights.

The warranties set forth in this Section 5 are expressly subject to 
the limitation of Section 6 below.

6. LIMITATION OF LIABILITY
You will hold Retrologic harmless from any claims based on your use 
of the Licensed Software for any purposes other than those described 
in Section 2.

You shall have the sole responsibility to protect adequately and 
backup your data and/or equipment used in connection with the 
Licensed Software. You shall not claim against Retrologic for lost 
data, re-run time, inaccurate output, work delays or lost profits 
resulting from your use of the Licensed Software.

In no event shall either party be liable for any lost revenues or 
profits, or other special, incidental or consequential damages 
arising with respect to the Licensed Software and Related Materials 
or arising out of this agreement, even if such party has been advised 
of the possibility of such damages.

7. EXPORT
You shall not export or transfer, whether directly or indirectly,
Licensed Software or Related Materials to anyone outside of Canada or 
the United States of America without first complying with all export 
controls which may be imposed on Licensed Software and Related 
Materials by the Canadian or United States Governments, as 
appropriate.

8. MISCELLANEOUS
If any of the provisions, or portions thereof, of this Agreement 
are invalid under any applicable statute or rule of law then, those 
provisions notwithstanding, this Agreement shall remain in full force 
and effect and such provisions shall be deemed omitted.

The waiver or failure of either party to exercise in any respect any 
right provided for herein shall not be deemed a waiver of any further 
right hereunder.

This Agreement constitutes and expresses the entire agreement and
understanding between you and Retrologic and supersedes all previous
communications, representations or agreements, whether written or 
oral, with respect to the subject matter hereof.

This Agreement is made under and shall be governed by and construed in
accordance with the laws of the Province of British Columbia, Canada.