ModRetro Chromatic Firmware Updater End User License Agreement
Updated September 24, 2026
The ModRetro Chromatic Firmware Updater, in each form in which ModRetro makes it available, including the web-based version, any downloadable desktop application, and any plugin, extension, skill, connector, or similar integration for a Third-Party Platform (defined below) (collectively, the “Updater”), is licensed to You (End-User) by ModRetro, Inc., located at 2641 La Mirada Drive, Vista, CA 92081, United States (“ModRetro” or “Licensor”), for use only under the terms of this End User License Agreement (“License Agreement”).
By accessing, downloading, installing, enabling, or using the Updater, and any update thereto, whether through ModRetro’s website, as a desktop application, or through a third-party software development tool, AI assistant, or other software platform on which ModRetro makes the Updater available (each, a “Third-Party Platform”), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. If You do not agree, do not access or use the Updater. The websites, distribution channels, and Third-Party Platforms through which the Updater is made available are referred to in this License Agreement as “Services.”
You must be at least 13 years old (or the minimum age required in Your country) to use the Updater. If You are under 18 or the age of majority where You live, You may use the Updater only with the involvement and consent of a parent or legal guardian, who agrees to this License Agreement on Your behalf. If You use the Updater through a Third-Party Platform, You must also meet that platform’s age requirements.
You acknowledge that the operators of the Services, including the operator of any Third-Party Platform, are not parties to this License Agreement and are not bound by any provisions or obligations with regard to the Updater, such as warranty, liability, maintenance, and support thereof. As between You and the operators of the Services, ModRetro provides the Updater.
Your use of any Service is also subject to that Service’s own terms of use and policies (“Service Terms”), and You are responsible for complying with them. This License Agreement governs Your relationship with ModRetro with respect to the Updater. ModRetro makes no commitments on behalf of, and is not bound by, the operator of any Service.
The Updater is licensed, not sold, to You for use only under the terms of this License Agreement. ModRetro reserves all rights not expressly granted to You. The Updater is to be used only with the ModRetro Chromatic and other ModRetro hardware that ModRetro designates as supported (each, a “ModRetro Device”) and with compatible cartridges.
Table of Contents
- The Updater
- Scope of License
- Technical Requirements
- Maintenance and Support
- Use of Data
- Your Content and Developer Features
- Third-Party Platforms
- Liability
- Warranty Disclaimer
- Indemnification
- Legal Compliance
- Contact Information
- Termination
- Open-Source Software
- Intellectual Property Rights
- Governing Law and Dispute Resolution
- Miscellaneous
1. The Updater
The Updater is software created by ModRetro to update the firmware of ModRetro Devices and to read, write, and manage game data on compatible cartridges. The Updater may be made available as a web-based tool, as a desktop application for supported computers (“Devices”), and through Third-Party Platforms, as described in Section 7.
The Updater is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if Your interactions would be subjected to such laws, You may not use the Updater.
2. Scope of License
2.1 You are given a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to access, install, and use the Updater on Devices that You own or control, solely to update, maintain, and use ModRetro Devices and compatible cartridges that You own or are authorized to use, and solely for Your personal, non-commercial purposes, unless ModRetro agrees otherwise in writing.
2.2 This license will also govern any updates of the Updater provided by ModRetro that replace, repair, and/or supplement the original Updater, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.3 You may not share or make the Updater available to third parties (except with ModRetro’s prior written consent), or sell, rent, lend, lease, sublicense, or otherwise redistribute the Updater.
2.4 Except as expressly permitted by applicable law or by the license terms of any open-source component (see Section 14), You may not reverse engineer, translate, disassemble, decompile, modify, create derivative works of, adapt, or attempt to derive the source code of the Updater, or any part thereof, without ModRetro’s prior written consent.
2.5 You may not copy or alter the Updater or portions thereof, except that You may create and store copies of any downloadable version only on Devices that You own or control for backup purposes under the terms of this license. You may not remove any intellectual property notices. If You sell Your Devices to a third party, You must remove the Updater from the Devices before doing so.
2.6 You may not use the Updater to (a) circumvent, disable, or interfere with any security, authentication, or activation feature of the Updater or any ModRetro Device, including any developer activation key; (b) install firmware not provided or authorized by ModRetro; (c) write to any cartridge any game or content that You do not have the right to use; (d) engage in any use prohibited by ModRetro’s Terms of Service (as defined in Section 17.2); or (e) violate any applicable law. Violations of the obligations in this Section 2, as well as any attempt to violate them, may result in termination of this license and may be subject to legal action and damages.
2.7 ModRetro may modify this License Agreement from time to time by posting an updated version on this website and updating the “Last updated” date. Changes take effect when posted, and Your continued use of the Updater after changes are posted constitutes Your acceptance of them. If You do not agree to the changes, You must stop using the Updater.
3. Technical Requirements
3.1 ModRetro may, but is not obligated to, update the Updater to support new firmware versions, ModRetro Devices, cartridges, operating systems, browsers, or Third-Party Platforms. You are not granted rights to claim such an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the Device, operating system, browser, and USB cable and connection that You intend to use with the Updater satisfy the technical requirements published by ModRetro.
3.3 ModRetro reserves the right to modify the technical requirements as it sees appropriate at any time.
3.4 The Updater is intended solely for use with ModRetro Devices, ModRetro firmware, and compatible cartridges. A stable USB connection and a supported operating system or browser are required for proper function. Attempting to use the Updater to update or modify non-ModRetro hardware or third-party hardware is strictly unsupported and constitutes improper use. Such actions may result in permanent damage to the device and are not covered by any form of warranty or support.
4. Maintenance and Support
4.1 ModRetro may, in its discretion, offer support for the Updater through https://support.modretro.com or other channels, but ModRetro is not obligated, expressly or impliedly, to provide any maintenance, technical, or other support for the Updater.
4.2 You acknowledge that the operators of the Services, including the operator of any Third-Party Platform, have no obligation whatsoever to furnish any maintenance and support services with respect to the Updater. Questions about the Updater should be directed to ModRetro, not to the operator of a Third-Party Platform.
5. Use of Data
Your use of the Updater is subject to ModRetro’s Privacy Policy, available at https://modretro.com/policies/privacy-policy, which is incorporated into this License Agreement by reference.
You acknowledge that ModRetro may collect and use technical data and related information about Your Device, operating system, browser, and ModRetro Device (such as model, serial number, firmware version, and cartridge information), as well as update logs and error reports, to deliver and verify firmware and software updates, provide product support, protect the security and integrity of ModRetro Devices and the Updater, and improve ModRetro’s products and services. ModRetro may also use this information in a form that does not personally identify You for any lawful purpose.
6. Your Content and Developer Features
6.1 The Updater may allow You to write games, save data, and other content to cartridges, including games and other software that You create yourself or with the assistance of software development tools or AI tools (collectively, “Your Content”). As between You and ModRetro, You retain all rights You have in Your Content, and ModRetro does not claim ownership of it. You are solely responsible for Your Content and represent and warrant that (a) You own or have all rights, licenses, consents, and permissions necessary to use, copy, and write Your Content to a cartridge; and (b) Your Content, and Your use of it, do not infringe, misappropriate, or violate any third party’s intellectual property, privacy, publicity, or other rights, or any applicable law.
6.2 The Updater, including when used through a Third-Party Platform, is intended to be used only to write unique, original games and other software that You create (“User-Created ROMs”) to compatible cartridges. ModRetro does not encourage or condone piracy. You may not use the Updater to (a) copy, distribute, or write to any cartridge any game, ROM, or other content that You do not own or have the legal right to use, including unauthorized copies or dumps of commercial games; (b) reproduce, recreate, or emulate any copyrighted commercial game; or (c) circumvent any copy protection, digital rights management, or other technological protection measure.
6.3 You may not include in Your Content any copyrighted characters, trademarks, logos, artwork, music, sound effects, code, or other third-party intellectual property unless You have all rights necessary to do so. Using a Third-Party Platform or other AI tool to generate Your Content does not relieve You of this obligation, and You are solely responsible for all Your Content regardless of how it was created.
6.4 ModRetro may make developer features available through the Updater, which may require a developer activation key or other credentials provided by ModRetro (“Developer Features”). Unless ModRetro agrees otherwise in writing, Developer Features are provided for personal, non-commercial development and testing only. Activation keys and credentials are personal to You and may not be shared, published, or transferred. Developer Features may be experimental and may change or be discontinued at any time. YOUR USE OF DEVELOPER FEATURES, INCLUDING ANY DEVELOPER MODE, IS AT YOUR OWN RISK. Writing Your Content to a cartridge may overwrite existing game data or save data on that cartridge, and ModRetro is not responsible for any such loss.
6.5 ModRetro does not review, screen, monitor, approve, or endorse Your Content or any other user-created content. To the maximum extent permitted by applicable law, ModRetro is not responsible or liable for any claim, loss, damage, or legal action, including any claim of intellectual property infringement, arising out of or relating to Your Content or any other user-created content, and You agree to indemnify ModRetro against any such claim as provided in Section 10.
6.6 Any use of the Updater in violation of this Section 6 violates this License Agreement and may result in, among other things, termination or suspension of Your rights to use the Updater.
7. Third-Party Platforms
7.1 ModRetro may make the Updater, or features of it, available on one or more Third-Party Platforms. Your access to and use of any Third-Party Platform is governed by that platform operator’s Service Terms and privacy policy, and You are responsible for complying with them. ModRetro does not control, and is not responsible for, the availability, performance, security, or content of any Third-Party Platform, or for how its operator collects or uses Your information.
7.2 When You use the Updater through a Third-Party Platform, information You provide to that platform (such as prompts, instructions, and files) is processed by the platform operator under its own terms, and any information shared with ModRetro is handled under ModRetro’s Privacy Policy. Do not share sensitive personal information through a Third-Party Platform in connection with the Updater.
7.3 A Third-Party Platform may generate code, instructions, game files, or other output (“Platform Output”), including instructions that trigger Updater actions. Platform Output is generated solely by the platform operator, not ModRetro, and may be inaccurate or unsuitable. You are responsible for reviewing and confirming all Platform Output and any Updater actions before execution. ModRetro disclaims all warranties regarding Platform Output, and You assume all risks arising from Your reliance on it.
7.4 ModRetro or the operator of a Third-Party Platform may modify, suspend, or discontinue the availability of the Updater on that Third-Party Platform at any time, without liability to You.
8. Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MODRETRO OR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA (INCLUDING GAME OR SAVE DATA), PROFITS, OR GOODWILL, ARISING OUT OF OR RELATING TO THIS LICENSE AGREEMENT OR THE UPDATER, INCLUDING DAMAGE TO HARDWARE DEVICES OR SYSTEM MALFUNCTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MODRETRO’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS LICENSE AGREEMENT OR THE UPDATER WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO MODRETRO FOR THE UPDATER, IF ANY, AND (B) FIFTY U.S. DOLLARS (US$50).
8.3 The limitations in this Section 8 do not apply to liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by ModRetro’s negligence or for fraud. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to You.
8.4 By using the Updater, You acknowledge and accept that improper use, interruptions (such as disconnecting the USB cable or losing power during an update or write), or the use of unofficial firmware or unsupported content may cause irreversible damage to Your ModRetro Device or cartridge. You assume full responsibility for any consequences arising from improper use of the Updater.
9. Warranty Disclaimer
9.1 ModRetro will use commercially reasonable efforts to ensure that the Updater, as provided by ModRetro, is free of spyware, trojan horses, viruses, and other malware at the time it is made available to You.
9.2 EXCEPT AS EXPRESSLY STATED IN SECTION 9.1, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE UPDATER, ANY FIRMWARE, CONTENT, OR PLATFORM OUTPUT MADE AVAILABLE THROUGH IT, ANY THIRD-PARTY PLATFORM, AND ANY USER-CREATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MODRETRO DOES NOT WARRANT THAT THE UPDATER WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPATIBLE WITH YOUR DEVICES OR ANY THIRD-PARTY PLATFORM.
9.3 If You discover a defect in the Updater, please notify ModRetro by email at the address provided in Section 12. If ModRetro confirms the defect, ModRetro may, at its option, attempt to correct the defect or provide a replacement version, but is not obligated to do so.
9.4 ModRetro does not make any warranties or representations concerning the Updater’s ability to successfully update or modify firmware or game data on any particular device. Firmware and game updates are performed at Your own risk, and ModRetro disclaims responsibility for any resulting hardware or software issues. Nothing in this License Agreement modifies any separate limited warranty that ModRetro provides for ModRetro hardware, which is governed by its own terms.
10. Indemnification
To the maximum extent permitted by applicable law, You agree to indemnify, defend, and hold harmless ModRetro and its affiliates, officers, directors, employees, and agents from and against any and all third-party claims, actions, and demands, and all related losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees), arising out of or relating to (a) Your Content or any other content You create, write to a cartridge, or distribute using the Updater; (b) any claim that Your Content, or Your use of any copyrighted characters, trademarks, logos, artwork, music, sound effects, code, or other third-party intellectual property, infringes, misappropriates, dilutes, or otherwise violates any intellectual property, publicity, privacy, or other right of any third party; (c) Your use of the Updater or any Third-Party Platform in violation of this License Agreement or any applicable Service Terms; or (d) Your violation of any applicable law. ModRetro may, at Your expense, assume the exclusive defense and control of any matter subject to indemnification by You, and You will cooperate with ModRetro’s defense of that matter. You may not settle any such matter without ModRetro’s prior written consent.
11. Legal Compliance
You may not use, export, or re-export the Updater except as authorized by United States law and the laws of the jurisdiction in which You obtained it. You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
12. Contact Information
For general inquiries, complaints, questions or claims concerning the Updater, please contact:
ModRetro, Inc.
2641 La Mirada Drive
Vista, CA 92081
United States
contact@modretro.com
Support: https://support.modretro.com
13. Termination
This License Agreement is valid until terminated by ModRetro or by You. You may terminate it at any time by ceasing all use of the Updater and deleting any copies. Your rights under this license will terminate automatically and without notice from ModRetro if You fail to adhere to any term(s) of this license, and ModRetro may suspend or discontinue the Updater, in whole or in part, at any time. Upon termination, You shall stop all use of the Updater and destroy all copies, full or partial, of the Updater. Sections 5 through 10 and 14 through 17 survive termination.
14. Open-Source Software
The Updater, and the firmware it installs, may include components licensed under open-source licenses, including the GNU General Public License. Those components are governed by their applicable open-source license terms, which ModRetro will make available with the Updater or upon request. Nothing in this License Agreement limits Your rights under, or grants You rights that supersede, the terms of any applicable open-source license.
15. Intellectual Property Rights
The Updater, including all related software, firmware, content, and ModRetro trademarks and logos, is owned by ModRetro or its licensors and is protected by intellectual property laws. Except for the limited license expressly granted in Section 2, nothing in this License Agreement grants You any right, title, or interest in the Updater or ModRetro’s intellectual property.
16. Governing Law and Dispute Resolution
This License Agreement is governed by the laws of the State of California, excluding its conflicts of law rules. Any dispute arising out of or relating to this License Agreement or the Updater will be brought exclusively in the state or federal courts located in San Diego County, California, and You and ModRetro consent to the personal jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If You are a consumer residing outside the United States, You may also benefit from mandatory provisions of the law of Your country of residence.
17. Miscellaneous
17.1 If any provision of this License Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be replaced by a valid one that achieves its primary purpose to the greatest extent possible.
17.2 This License Agreement, together with ModRetro’s Privacy Policy and ModRetro’s Terms of Service available at https://modretro.com/policies/terms-of-service (“Terms of Service”), is the entire agreement between You and ModRetro regarding the Updater and supersedes any prior agreements regarding its subject matter. If this License Agreement conflicts with the Terms of Service with respect to the Updater, this License Agreement controls. ModRetro’s failure to enforce any provision is not a waiver of that provision.
17.3 You may not assign or transfer this License Agreement without ModRetro’s prior written consent. ModRetro may assign this License Agreement without restriction.
