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| VISTA - Important Notice! |
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If you are working in Microsoft's
new VISTA operating system, you
may NOT be able to access or use
PostScript fonts. This operating
system favors OpenType fonts.
If you need to buy new fonts,
FontHaus encourages you buy
ONLY OpenType fonts. FontHaus
can not assure compatibility of
other font file formats.
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| PRODUCT DELIVERY |
DOWNLOAD: Products Selected for delivery via Download will be sent to your computer instantly once you click DOWNLOAD on the INVOICE page. Products selected for EMAIL will be processed once we receive notification of your order transaction.
PLEASE NOTE: Products selected for Download will be sent compressed (for faster internet delivery). Mac fonts are compressed using Stuffit and Windows fonts are compressed using WinZip. Once your fonts are delivered, you will need to un-compress the files before you can install them with either Stuffit Expander (for Mac users) or WinZip (for Windows users). Both programs are FREE. Stuffit from Stuffit.com and WinZip from WinZip.com.
SHIP METHOD: Products selected for delivery via Traditional Shipping placed after 11:00am EST will ship the following business day. Unless arranged otherwise, FontHaus ships using FedEx economy within the US.
IMPORTANT: Unless a product is defective, there are NO Refunds or exchanges! Please review our
PURCHASE GUARANTEE / RETURN / EXCHANGE AND REPLACEMENT POLICIES. |
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HOME > END USER LICENSE AGREEMENTS (EULAs) > INDEX |
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The End User License Agreement or EULA is a contract between you, the "end user"
and the supplier of the software you are paying to use. Not all EULAs are the same. Each supplier
has their own version. This is why there may be more than one EULA to agree to when you are passing
through the Check Out on our site. However, EULAs have many of the same terms and conditions such as:
how many designers can use a font (typically 5, but some limit the use to 1); if you can resell a
font (most do not allow this); if you can embed fonts in documents (most allow, but there are strict
conditions); etc. The EULA is important and you must agree to its terms and conditions as a condition
of sale. Please read each one carefully and if you can not agree to what it asks for, then, we will
not be able to download products to you.
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| CHOOSE A SUPPLIER TO VIEW THEIR EULA |
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| BITSTREAM |
Bitstream, Inc. Electronic License Agreement
By using or installing this software product, you (or you on behalf of your employer) are
agreeing to be bound by the terms of this Agreement. This Agreement constitutes the
complete agreement between you and Bitstream (except for Multi-Workstation Products,
where another document supplements this one). If you do not agree to the terms,
promptly contact Bitstream at the address below with your proof of payment
within 10 days for a full refund.
Bitstream Inc.
Dept. ISR
215 First Street
Cambridge, MA 02142
USA
email: sales@bitstream.com
1. License Grant
Number of Users: In consideration for the license
fee paid, BITSTREAM grants to you only, the Licensee, the non-exclusive, nontransferable
right to use and display the Bitstream Product purchased through this service.
If you are using this product for your work, this agreement applies to your
employer. BITSTREAM software collections consisting of one or more fonts from
the Bitstream Typeface Library may be used on up to five (5) CPUs at your site
connected to any number of printers or other image producing devices (regardless
of resolutions) at your own site.
Multiple Workstations: If you have paid for and
executed the Bitstream Multi-Workstation License Agreement, then you may use
the Bitstream Product on the number of CPUs stated in that agreement.
Third Parties: You may send a copy of any Bitstream
font along with your documents to a commercial printer or other service bureau
to enable the editing or printing of your document, provided that such party
has informed you that it owns a valid license to use that particular font software.
You may also "embed" PC TrueType format fonts within your documents
for the viewing, editing, and printing of those documents.
Portable Documents. You may send along with your
documents a Portable Font Resource ("PFR") created by Bitstream's
TrueDoc®, for the purpose of allowing any third party to view, edit, or print
the document remotely but with the express understanding that such party may
not use such PFR to edit or print any other document unless independently licensed
to do so. You may also "embed" Bitstream typefaces within PostScript-Language
files, .PDF files and .EVY files for distribution, viewing, and imaging to other
parties.
No Modifications. You may not modify, adapt, translate,
reverse engineer, decompile, disassemble, or create derivative works based on
the Bitstream Product without BITSTREAM's prior written consent.
Rights Reservation. BITSTREAM reserves all rights
not specifically granted to Licensee.
2. Copyright
The Bitstream Product and the accompanying materials
are copyrighted and contain proprietary information and trade secrets of BITSTREAM.
Unauthorized copying of the Bitstream product even if modified, merged, or included
with other software, or of the written materials, is expressly forbidden. You
may be held legally responsible for any infringement of BITSTREAM's intellectual
property rights that is caused or encouraged by your failure to abide by the
terms of this Agreement, unless you have a Multi-Workstation License Agreement.
You may make one (1) copy of the Bitstream Product solely for backup purposes
provided the copyright and trademark notices are reproduced in their entirety
on the backup copy.
3. Termination
This Agreement is effective until terminated. This Agreement
will terminate automatically without notice from BITSTREAM if you fail to comply
with any provision contained herein. Upon termination, you must destroy the
written materials, the Bitstream Product, and all copies of them, in part and
in whole, including modified copies, if any.
4. Product Upgrade
BITSTREAM may, from time to time, update the Bitstream
Product. Bitstream Product upgrade pricing may apply.
5. Disclaimer and Limited Warranty
BITSTREAM warrants the Bitstream Product to be free from
defects in materials and workmanship under normal use for a period of ninety
(90) days from the date of delivery as shown on your invoice.BITSTREAM's entire
liability and your exclusive remedy as to a defective product shall be, at BITSTREAM's
option, either return of purchase price or replacement of any such product that
is returned to BITSTREAM with a copy of the invoice. BITSTREAM shall have no
responsibility to replace the product or refund the purchase price if failure
results from accident, abuse or misapplication, or if any product is lost or
damaged due to theft, fire, or negligence. Any replacement product will be warranted
for the remainder of the original warranty period or thirty (30) days, whichever
is longer. This warranty gives you specific legal rights. You may have other
rights, which vary from state to state.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE BITSTREAM PRODUCT,
IS PROVIDED "AS IS". BITSTREAM DOES NOT MAKE ANY WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The entire risk as to the quality and performance of the
Bitstream Product rests upon you. BITSTREAM does not warrant that the functions
contained in the Bitstream Product will meet your requirements or that the operation
of the software will be uninterrupted or error free.
BITSTREAM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE BITSTREAM PRODUCT EVEN IF BITSTREAM HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Because some states do not allow the exclusion or limitation
of liability for consequential or incidental damages, the above limitation may
not apply to you.
6. U.S. Government Restricted Rights
The software product referred to as the Bitstream Product
and its related documentation are provided with RESTRICTED RIGHTS. Use, duplication
or disclosure by the Government is subject to restrictions as set forth in FAR
52.227-19(c)(2) (May, 1987) when applicable or the applicable provisions of
the DOD FAR supplement 252.227-7013 subdivision (a)(15)(April, 1988) or subdivision
(a)(17)(April, 1988). Contractor/manufacturer is Bitstream Inc./215 First Street/Cambridge,
MA 02142.
Export (Domestic Versions):
Regardless of any disclosure
made by LICENSEE to BITSTREAM of an ultimate destination of the Bitstream Product,
LICENSEE shall not reexport or transfer, whether directly or indirectly, the
Bitstream Product to anyone outside the United States of America without first
obtaining a license from the United States Department of Commerce or any other
agency or department of the United States Government, as required.
Should you have any questions concerning this Agreement, or if you desire to contact
BITSTREAM for any reason, please contact in writing.
7. Governing Law
This agreement is governed by the laws of the United States
of America and the Commonwealth of Massachusetts.
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| CANADA TYPE |
Canada Type Standard License Agreement
We have tried our best to make our licensing terms very clear and reasonable, but if you have any questions about any of them, you can always contact us using the information in section F below, and we promise to do our best to clarify things further for you. If you do not like the terms of this agreement, please contact us with any suggestions you may have for improving it. We want to satisfy our customers to the best of our ability, and we want our fonts to fit in your workflow the way you want them to.
By installing any Canada Type fonts on a computer you or your company owns, you are indicating that you agree to the following licensing terms:
A) NUMBER OF MACHINES:
A1 - Canada Type fonts are initially licensed to be used on 5 computers and 2 physical output devices (commonly printers). These computers and output devices must be at the same location or physical address, except if some of these computers are laptops. If you have any laptops and you want to install any Canada Type fonts on them, every laptop where the fonts are installed counts as 1 of the 5 computers allowed by the license. For example, this license would indeed cover 3 desktop computers at the same location and 2 laptops, or 4 desktop computers at the same location and one laptop.
A2 - The two physical output devices mentioned in item A1 can be inkjet printers, laser printers, offset presses, silkscreeners, vinyl cutters, or die-makers (for rubber stamps, as an example). A combination of two of any of these output devices is covered under the Canada Type standard license. For example: if you have a laser printer and a rubber stamp maker, they would both be covered under this license. If you have any other physical output devices you think may qualify under this clause, please let us know and we can help you determine whether or not it does.
A3 - If you want to license Canada Type fonts for more than 5 computers or two printers, you must upgrade your license to a multiple-device one. A multiple-device license includes the exact same terms as a standard license, but with a higher number of devices allowed. Multiple-device licenses come with automatic discounts, based on the number of devices you want the license to cover.
B) WHAT YOU CAN DO WITH CANADA TYPE FONTS:
B1 - You can use Canada Type fonts with any software that supports them. This includes mainstream retail software such as Microsoft, Adobe, Macromedia, Apple, Corel or any other software retailer’s programs, or proprietary software you or your company may have had custom-made for special tasks.
B2 - You can use Canada Type fonts to print as many copies of anything as you like, with no limits on number of impressions or print size. Supermassive national and international marketing campaigns are OK. So are million unit print runs. So are enormous chain-store signs. We love that stuff. It gives our fonts exposure!
B3 - You can send Canada Type fonts to your service/prepress bureau if the job requires it, but please make sure the fonts are deleted from there once the job is done. If your service bureau doesn't delete the fonts, they will probably end up being used for a job other than yours, which reduces the value of the fonts you bought and keeps us from being compensated for our work.
B4 - You can embed Canada Type fonts in electronic documents. This includes PDF, Flash and Microsoft Office documents (such as Word or Powerpoint), or multimedia files, but please make sure, if at all possible, that you do not embed the complete character set. Fonts embedded in electronic documents can usually be extracted and pirated, so the less characters are embedded in a document, the less functionally desirable and piratable the font extract becomes.
B5 - You can use Canada Type fonts for anything web-related, except making them available to others for download.
B6 - You can use Canada Type fonts to print artwork on clothes, cars, mugs, fridge magnets or any other products that you, your company, or your clients are selling.
B7 - You can use Canada Type fonts to make non-digital 3-dimensional shapes, rubber stamps or scrapbooking alphabets that you can sell, but we have a condition if you want to do that: you must label your stamps or scrapbooking alphabets with the same name Canada Type uses for the font, and you must credit us with its design. For example: if you like to produce a complete rubber stamp alphabet using our Adore font, the name of your rubber stamp alphabet has to be Adore, and somewhere on the packaging of the stamps, or on the web site retailing the stamps, you must state that the alphabet was produced using Canada Type’s Adore font.
B8 - You can use Canada Type fonts to produce any artwork meant to be part of a corporate identity or branding. This includes logos, slogans, letterheads, business cards, business forms, banners, film titling, tie-in products, etc.
B9 - You can transfer this license to another user for a fee that doesn't exceed the original amount you paid for the license, but you have to inform us of this transfer either by email or by phone, so that we can update our customer support records. If you do transfer this license to another user, you must delete the fonts from all the previously licensed computers.
B10 - You can keep two backup copies of any Canada Type fonts you have licensed, but the backup medium you use should be secure and only privately accessible.
B11 - You can modify Canada Type fonts to your heart’s content, but only for uses outlined within the condition of this license, and as long as the modifications are being done by yourself or Canada Type. For example: if you decide that our font Adore can be great for your logo, but you need a differently shaped B for it, you can modify the B of the Adore font you licensed, and use your new B for the logo. Modification also means font format conversion. If you have a Mac and a PC, you can use conversion software (like CrossFont or TransType) to convert the font between platforms. Please make sure to read items C3 and D2 for other conditions on font modification.
B12 - If you are wondering about a particular type of usage we forgot to include in this agreement, just drop us a line or give us a call and we will put your mind at ease.
C) WHAT YOU CANNOT DO WITH CANADA TYPE FONTS:
C1 - You cannot give away copies of Canada Type fonts in ways that do not comply with the rest of this agreement. For example: you cannot make any Canada Type fonts available for download on the internet, email them to your friends, upload them to public internet file transfer or storing channels. Please respect the value of our work, so that we keep having an incentive to continue doing it.
C2 - You cannot resell Canada Type fonts through any medium unless you have written authorization from us to be a Canada Type distributor. This also means you cannot modify Canada Type fonts then sell the resulting modification.
C3 - As relates to item B11, font modification is allowed, but must be done by either Canada Type or the font’s licensee (that’s you or your company or an employee of your company - but not an outside contractor or the creative department of an affiliate company). Third parties to this license are not allowed to modify Canada Type fonts under any circumstance, unless formally authorized in writing by Canada Type.
D) SUPPORT AND VERSION UPGRADES:
D1 - All Canada Type fonts undergo thorough testing before they are available for licensing, but if we did something wrong and the font you licensed doesn't perform up to your expectations, we will replace it with a satisfactory copy. Please make sure you include the order number or have the purchase receipt available when you ask for an exchange.
D2 - All Canada Type fonts come with free lifetime support. This is true of any and all Canada Type fonts, but not of customer-modified fonts (including converted or regenerated fonts), unless the modifications were made by Canada Type. We cannot really support a font unless we know exactly how it came to be the way it is. The production and/or modification of our fonts within Canada Type’s own software and hardware environments is documented and archievd, so we can trust ourselves to be able to troubleshoot fonts made directly by Canada Type, but we cannot vouch for any third party font conversion or editing software or hardware.
D3 - All Canada Type fonts come with free lifetime version upgrades. For example: if you license a font from us, and a year later we upgrade that font, you get the new upgrade for free. If five years later we upgrade the font even further, you get the further upgrade for free as well. We promise to keep providing free version upgrades for as long as Canada Type exists under its current ownership and management, which we project and hope to be a long, long time from now.
E) MISCELLANEOUS NOTES:
E1 - If you use our fonts in a film or publication, and you generously decide that you have room for creative credits, please credit the fonts to Canada Type, just like you credit the photos to their photographers and illustrations to their illustrators. A font is at least as much of a creative work as a photograph or an illustration, so it deserves its own credit where creative credits are given.
E2 - If you don't agree with some of our license terms, please discuss the issue with us. We are always open to new ways of providing our customers with better service. We are a small independent font development studio that thrives only by keeping our customers happy enough to come back for more. We believe that fonts with unreasonable restrictions do not ultimately contribute to anyone’s satisfaction, so we try our best to keep our licensing adaptable to as many workflows as possible.
E3 - Our fonts are made to be used as fonts are normally used. We can guarantee and support their functionality as fonts, but not as anything else. We cannot take responsibility for incidental damages arising from our fonts being used in any application or in a certain way. Also we cannot take responsibility for a user’s level of experience in using fonts within certain workflows. For example: if you license one of our fonts, and one of your employees does not know how to use it, we cannot be held responsible for lost time or an angry client.
F) CANADA TYPE CONTACT INFORMATION
Canada Type can be contacted through these usual means of communication:
- Postal Mail:
Canada Type
1031 Kingston Road
Toronto, Ontario
M4E 1T5
Canada
- Email and web:
info@canadatype.com
http://www.canadatype.com
- Telephone:
416-806-1362 |
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| ELSNER+FLAKE (E+F) |
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Elsner+Flake Digital Library End User License Agreement for Font Software (EULA)
Preamble
This End User License Agreement for Font Software (EULA) becomes
a legally binding contract between the licensee and Veronika Elsner,
Günther Flake GbR (short: Elsner+Flake) when the licensee agrees to
the Terms of Condition in an electronic delivery method or purchases
the Font Software on a storage medium and opens the packaging
containing the typefaces. If the licensee refuses to accept a contrac-
tual obligation through this license agreement, he is not permitted
to access, use or download the Font Software. The licensee should
thoroughly and carefully read through the complete EULA before
agreeing to the conditions specified here.
License and Usage Rights
1.1 The Font Software underlying this contractual agreement is the
intellectual property of Elsner+Flake and/or its licensors. The term
"Font Software" includes any and all updates, upgrades, expansions,
modified versions and working copies of the Font Software to which
the licensee, i.e. a natural person and legal person or, within the
scope of a legal person, a subsidiary with majority share, has accor-
dingly been granted a license. The Font Software remains and shall
remain, now and in the future, the property of Elsner+Flake.
1.2 Upon full payment of the agreed-upon usage fee, Elsner+Flake
grants the licensee the non-exclusive, non-transferable right to simul-
taneously use or store the Font Software - provided said software has
been released at time of delivery or upon payment made by the licen-
see - on a maximum of five (5) computers at one single geographical
location stipulated by the licensee. In the event that extensions to
the above-mentioned restriction become necessary, the licensee has
to purchase an extended license. The licensee may install the Font
Software on a single file server for use on a single local area network
(LAN) only when the use of such Font Software is limited to the work-
stations and printers that are part of the licensed unit of which the
server is part. The Font Software may not be installed or used on a
server that can be accessed via the internet or other external network
system (a system other than LAN) by workstations which are not part
of a licensed unit. If the Font Software is intended to be used for
commercial purposes, each individual license permits one additional
usage (installation) on a personal home or portable computer. For the
exclusive purpose of data backup, additional backup copies of the
Font Software can be made.
1.3 Transferring the license to a third party is essentially not permit-
ted. For the exclusive purpose of outputting certain files, the licensee
is permitted to transfer a copy of the Font Software which is used for
creating the pertinent file to a commercial printer or another service
company. In the event of any text modification, the service company
is required to possess its own license. The licensee has to inform the
commercial printer/service company about the content of this EULA.
1.4 Embedding of the Font Software into electronic documents or
internet pages is only permitted under the absolute assurance that
the recipient cannot use the Font Software to edit or create a new
document (read-only). It must be ensured that the Font Software
cannot be fully or partially extracted from said documents.
1.5 The licensee may electronically distribute Font Software embed-
ded in a „Personal or Internal Business Use“ document only when
the Font Software embedded in such document is in a static graphic
image (for example, a “gif”) or an embedded electronic document,
and is distributed in a secure format that permits only the viewing
and printing (and not the editing, altering, enhancing, or modifying)
of such static graphic image or embedded document. The licensee
may not embed Font Software in a Commercial Product without a
separate written license from Elsner+Flake, and the licensee may not
embed Font Software in an electronic document or data file for any
reason other than his own Personal or Internal Business Use.
1.6 If the licensee intends to edit or modify a document contai-
ning the embedded Font Software, a request must be made to
Elsner+Flake. Elsner+Flake will then conclude a expansion/embed-
ding license agreement for said purpose. This expansion/embedding
license agreement is subject to an additional fee.
Exclusion of Other Usage
2.1 Subject to the provisions in sub-sections 1.3 of this agreement,
selling, lending or otherwise transferring the Font Software to a third
party or parties is strictly prohibited. In addition, transferring the
Font Software as a component or sub-component of other products,
e.g. electronic documents or sublicenses, to a third party or parties is
also strictly prohibited.
2.2 Subject to the provisions in sub-sections 2.3 and 2.4 of this agree-
ment, the following is prohibited: modifying the Font Software, mer-
ging it with other software programs, decompiling it, using modules
from said software for one’s own developments or using technical
solutions contained in the Font Software for purposes other than
operation on the licensee’s own computers.
2.3 Exceptions to subsection 2.2 are only permitted provided they are
essential to obtaining the necessary information for establishing inte-
roperability of the software with other programs, and provided this
information is neither published nor accessible in any other form and
if the licensee is unable to obtain said information from Elsner+Flake
or its authorized distributors or appointed agents. In this case, the
licensee shall inform Elsner+Flake in writing as to which portions of
the software the licensee is decompiling.
2.4 Modifying the Font Software is prohibited, even in the event that
it is necessary for fulfilling personal design requirements. Specifically,
it is prohibited to change or modify the Font/Trademark Names used
as identifying tags in the Font Software in any form or manner. If
such changes or modifications become necessary, prior written con-
sent has to be obtained from Elsner+Flake.
Warranty and Liability
3.1 Upon receipt of the Font Software by the licensee, Elsner+Flake
grants a 90-day warranty guaranteeing that the Font Software is
essentially free from material defect. To make a warranty claim, the
licensee has to return the Font Software, including a copy of the
sales receipt within the 90-day warranty period to the sales and dis-
tribution partner from which the licensee obtained it. Elsner+Flake
will correct substantial malfunctions occurring during this warranty
period provided that such malfunctions are reproducible and licensee
gives immediate notice and sufficient description of such malfunc-
tions to Elsner+Flake. Such corrections will generally be incorporated
into new revisions of the Font-Software or, until the release of such
new revisions, into temporary versions, at Elsner+Flake’s discretion.
The correction may also be achieved by delivery of new versions of
the Font-Software (i.e. versions with additional functionality and/or
enhanced performance) in which case the warranty does not cover
such additional functionality and performance. In the event that
licensee should need new or modified hardware for the operation
of such new versions, he/she may only return the Font-Software and
his/her money will be refunded.
3.2 The foregoing states the entire liability and warranty of Elsner+Flake
or its local distributor, and any claims in excess thereof, e.g. for idle
time, shortfall of production, waste of material and any other direct,
indirect, incidental or consequential damages are limited to actions
of Elsner+Flake caused by gross negligence or intent.
General
4.1 The license granted hereunder shall automatically terminate, if
licensee fails to comply with the terms and conditions hereof.
4.2 Upon termination of this EULA, licensee agrees to either return
or to destroy and refrain from using the Font-Software, the media,
copies and/ or any modified or merged portions thereof.
4.3 Licensee agrees to inform his/her employees or any other person
having access to the Font-Software and copies thereof, at your premi-
ses of the terms and conditions of this EULA and to ensure that they
shall strictly abide by these terms and conditions.
Final Provisions
5.1 This contract, including its attachments, which are a component
of this contract, represents an agreement between the parties. Verbal
collateral agreements do not exist. Any verbal agreements are only
binding for Elsner+Flake if said verbal agreements have been acknow-
ledged and confirmed in writing by Elsner+Flake.
5.2 Changes to this contract require written form. This also applies to
changes to this written form clause.
5.3 Any and all disputes arising from, or in connection with, this con-
tract as well as any dispute over the materialization of this contract
are exclusively subject to the law of the Federal Republic of Germany.
The rights and obligations of the parties arising from this contract are
based on German law, even in the event that the exertion or breach
of contractual rights takes place in a foreign country. Place of jurisdiction is Hamburg, Germany.
5.4 The invalidity or inoperativeness of one or more provisions of this
contract does not affect the validity of the rest of the contract and the
remaining other provisions shall thereby remain unaffected. An inva-
lid provision shall be replaced by a provision that is permitted by law
and which approaches the invalid provision and economic interests
intended by the parties.
5.5 This agreement is not governed by the "United Nation Convention
on Contracts for the International Sale of Goods (CISG)."
Hamburg, April 1st, 2008
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| EMIGRE |
Emigre Fonts User License - Software License Agreement
You agree to the following user licensing terms:
1. The Emigre Font Software is licensed for use at one (1) location with a maximum of five (5) devices.
2. Use of the Emigre Font Software at more than one (1) location or with more than five (5) devices requires a Multi-Device Site
License upgrade. A device may be, but is not limited to, a printer, rasterizer, video display terminal, CPU, workstation or any
device where the font software is rasterized or display of the Emigre Font is generated from font software outlines using Adobe
Type Manager or similar software. For example, a display terminal shall be considered a device if the Emigre Font outline is
embedded or otherwise included for viewing by end users in a multimedia CD.
3. Except as permitted herein, you may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter or otherwise
copy the Emigre Font Software.
4. You are permitted to make a single back-up copy. The Emigre Font Software or documentation may not be sublicensed, sold,
leased, rented, lent, or given away to another person or entity.
5. The Emigre Font Software may be returned or exchanged only if defective. Defective software will be replaced when accompanied
by a valid sales receipt and Emigre is notified within one (1) week of purchase.
6. You agree that any derivative works created by you from the Emigre Font Software, including, but not limited to, software, EPS
files, or other electronic works, are considered derivative works under U.S. Law and use of the derivative work is subject to the
terms and conditions of this License Agreement. Derivative works may not be sublicensed, sold, leased, rented, lent, or given
away without written permission from Emigre. Emigre shall not be responsible for unauthorized, modified and/or regenerated
software or derivative works. Embedding of the Emigre Fonts Software in any form is strictly prohibited without an additional
license.
7. The Emigre Font Software is protected under domestic and international trademark and copyright law. You agree to identify
the Emigre fonts by name and credit Emigre's ownership of the trademarks and copyrights in any design or production credits.
8. Any breach of the terms of this Agreement shall be cause for termination. In the event of termination, and without limitation of
any remedies under law and equity, you agree to immediately return the Font Software to Emigre and certify that no copy
remains in your possession or control.
9. EMIGRE MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
OTHERWISE. WITHOUT LIMITING THE FOREGOING, EMIGRE SHALL IN NO EVENT BE LIABLE TO THE LICENSED USER OR ANY OTHER
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FROM LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ARISING OUT OF THE USE OR INABILITY TO USE
THE PRODUCT EVEN IF NOTIFIED IN ADVANCE. UNDER NO CIRCUMSTANCES SHALL EMIGRE'S LIABILITY EXCEED THE REPLACEMENT
COST OF THE SOFTWARE. FOR MORE INFORMATION REGARDING THIS LICENSE GO TO: http://www.emigre.com/EUL.php
FONT EMBEDDING Embedding of the Emigre Fonts Software in digital documents or in any other form is governed by a separate
license agreement. If an embedding license is desired, the licensee must represent and warrant that licensee's encryption of
the embedded Emigre Fonts is secure enough to prevent any access or use by others. For more information regarding an
Embedding License go to: http://www.emigre.com/Embedding.php
LICENSE UPGRADES The Emigre Font Software is licensed for use at a single location
for use with a maximum five (5) devices. The Emigre Font Software may not be shared between
locations or business entities. Each additional location and/or entity must purchase a
separate license to be used in accordance with the terms of the Emigre Font Software License.
License upgrades may be purchased for use with additional devices. The upgrade price is
calculated as a percentage of the original price of the software. To determine the number
of devices, add up all CPUs, workstations, printers, and other devices that use the fonts.
The following is cumulative:
1 - 5 devices (standard license)
6 -10 devices: add 50 percent
11-50 devices: add 20% for each 5 devices
51-125 devices: add 15% for each 5 devices
126-250 devices: add 10% for each 5 devices
over 251 devices: add 5% for each 5 devices
Very large or unlimited uses of the Emigre Font Software will require a custom license agreement.
For information about various license options go to:
http://www.emigre.com/EULOptions.php |
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| FONT BUREAU |
Font Bureau USE LICENSE
Whether you are purchasing a use license
or ordering a free use license, you must agree to the following
End User Licensing Agreement before we can send it to you.
Font Bureau software is licensed for use on 1 CPU (computer).
Should you need to use these Products on more than the permitted
CPUs, you must contact DsgnHaus to purchase an additional
use license.
The Products are owned by Font Bureau and its suppliers, and
their structure, organization, and code are the valuable trade
secrets of Font Bureau and its suppliers. The Products are
also protected by United States Copyright Laws and International
Treaty provisions. You must treat the Products just as you
would any other copyrighted material such as a book. You agree
NOT to sell, modify, adapt, translate, reverse engineer, decompile,
disassemble or otherwise attempt to discover the source code
of the Products. You agree NOT to give-away the Products without
providing the terms of this Agreement and gaining acceptance
of this Agreement from the recipient. This Agreement does not
grant you any rights of ownership to intellectual property
rights in the Products.
This Agreement will be governed by the laws in force in the
United States and other countries. If any part of this Agreement
is found void and unenforceable, it will not affect the validity
of the balance of the Agreement, which shall remain valid
and enforceable. This Agreement may only be modified in writing
signed by an authorized officer or representative of DsgnHaus.
Unpublished rights reserved under the copyright laws of the
United States and other countries.
If you are not sure if this USER LICENSE AGREEMENT covers
your intended use of the product or you need to use the product
on more than the permitted CPUs, you must contact FontHaus
for more information or to purchase an additional use license.
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| FONTHAUS |
FONTHAUS END USER LICENSE AGREEMENT
Notice to the User. PLEASE READ CAREFULLY.
This is an End User License Agreement “EULA” and otherwise a legal
Contract between you, the End User, (either an individual or an entity), and DSGNHAUS,
Inc., a. k. a. FontHaus.
Upon your acceptance of this EULA by checking the appropriate box at the end of
this page and upon your payment of the license fee (or unless otherwise offered
as “Free”), and by downloading and/or installing DsgnHaus Products
(“Software”), you will agree to the terms and conditions hereof. As
used herein, “Font Software” shall mean coded and encrypted Software
that generates typefaces and other designs when used with the appropriate hardware
and other software. You acknowledge that the Software is the intellectual property
of DSGNHAUS, Inc. and/or its licensors. “FREE software” or a FREE
use license does not mean that the Software is “shareware” or “freeware”.
Any such FREE Software provided by DsgnHaus and/or its distributors is subject
to all the terms and conditions set forth in this EULA.
If you do NOT agree to the terms and conditions of this license, please indicate
your disagreement by NOT checking the “I Agree” box at the end of
this page and your order for the selected Products will not be processed.
“End User” means a retail customer who has purchased a license to
use the product rather than for distribution or resale. An End User is not defined
as a distributor, reseller, dealer, sub licensee, original equipment manufacturer
(“OEM”), or other wholesale buyer, etc. If you are NOT an End user
and you wish to distribute or resell the use of DsgnHaus Products, you must notify
DSGNHAUS to purchase a reseller’s license for which an additional fee may
be charged.
DSGNHAUS grants to you a non-exclusive, non-transferable license to use the
Software provided that you unconditionally agree to the following:
Use of the Software/Initial User License
1. The Software must be installed and used at a single Geographic Location
for use on up to five (5) computers and/or one (1) output device (“Licensed
Units”).
2. If the number of Licensed Units with which you want to use the Software
exceeds those set forth above, or you need to upgrade the number of Licensed Units
with which you have already purchased that are in addition to the Initial User
License set forth above, you must notify DSGNHAUS or your DSGNHAUS distributor
to purchase such additional license for which an additional fee may be charged.
If you need to use the Software at additional Geographic Locations, you must notify
DSGNHAUS or your DSGNHAUS distributor to purchase an additional Location or Site
License for which an additional fee may be charged. You may make one back-up copy
of the Software for archival purposes only, and you shall retain exclusive custody
and control over such copy. You may also install the Software on one home or portable
computer. The license granted herein is effective until terminated. DSGNHAUS has
the right to terminate your license immediately if you fail to comply with any
term of this Agreement. Upon termination, you must destroy or delete the original
and any copies of the Software and Documentation.
3. You may take a digitized copy of the Software used for a particular
document to a commercial printer or service bureau for use by the printer or service
bureau in reproducing such document but only if the printer or service bureau
represents to you that it has purchased or has been granted a license to use that
particular software. You may not distribute the Font Software to third parties,
e.g. on the Internet, CD-ROM, etc. If you intend to use the Software in such cases
you must request and receive from DSGNHAUS or your local distributor a License
Agreement for which an additional fee may be charged.
Embedding of Font Software into documents or Internet pages is only permitted
in a secured read-only mode. You must ensure that recipients of such documents
or Internet pages cannot extract the Font Software or use the embedded Font Software
for editing purposes or for the creation of new documents. If you need to Embed
Font Software that will NOT be in a secured read-only mode use, you must notify DSGNHAUS
or your DSGNHAUS distributor to purchase an additional license for which an additional
fee may be charged.
4. You agree that the Software, and all copies thereof, are owned by DSGNHAUS
and/or its suppliers, and its structure, organization and code are the valuable
trade secrets of DSGNHAUS and/or its suppliers. You acknowledge that the Software
is protected under United States trademark and/or Copyright Law, by the trademark
and/or copyright and design laws of other nations, and by international treaties.
You agree to treat the Software as you would any other copyrighted material, such
as a book. You may not copy or distribute the Software or Documentation, except
as expressly provided herein. Any copies that you are permitted to make pursuant
to this Agreement must contain the same copyright, trademark, and other proprietary
notices that appear on or in the Software. You agree not to modify, adapt, translate,
reverse engineer, decompile, disassemble, alter, or otherwise attempt to discover
the source code of the Software. You do have the right to modify and alter the
software for your customary personal and business use, but not for resale or further
distribution. The use of any trademark as herein authorized does not give you
any rights of ownership in that trademark and all use of any trademark shall inure
to the sole benefit of the trademark owner. Except as expressly provided herein,
this Agreement does not grant you any right to intellectual property rights in
the Software and its associated trademarks.
5. You may not rent, lease, sublicense, give, lend, or further distribute
the Software or Documentation, or any copy thereof, except as expressly provided
herein. You may transfer all your rights to use the Software and Documentation
to another person or legal entity provided that (i) the transferee accepts and
agrees to be bound by all the terms and conditions of this Agreement, and (ii)
you destroy all copies of the Software and Documentation, including all copies
stored in the memory of a hardware device. Without limiting the generality of
the foregoing, you agree that you will not distribute or disseminate all or any
part of the Software through any on-line service and you further agree that any
such intentional distribution shall constitute a theft by you of a valuable property
of DSGNHAUS and/or its suppliers.
6. DSGNHAUS warrants to you that the Software will perform substantially
in accordance with the Documentation for the ninety (90) day period following
your receipt of the Software. To make a warranty claim, you must notify the source
from which you obtained it along with a copy of your sales receipt within such
ninety (90) day period. If the Software does not perform substantially in accordance
with the Documentation, the entire and exclusive liability and remedy shall be
limited to either, at DSGNHAUS’s option, the replacement of the Software
or the refund of the license fee you paid for the Software. DSGNHAUS and its suppliers
do not and cannot warrant the performance or results you may obtain by using the
software or documentation. The foregoing states the sole and exclusive remedies
for DSGNHAUS's or its supplier’s breach of warranty. Except for the foregoing
limited warranty, DSGNHAUS and its suppliers make no warranties express or implied,
as to non-infringement of third party rights, merchantability, or fitness for
any particular purpose. In no event will DSGNHAUS or its suppliers be liable to
you for any consequential, incidental or special damages, including any lost profits
or lost savings, even if a DSGNHAUS representative has been advised of the possibility
of such damages, or for any claim by any third party.
Some states of jurisdictions do not allow the exclusions or limitations of incidental,
consequential or special damages, so the above exclusion may not apply to you.
Also, some states or jurisdictions do not allow the exclusions of implied warranties
or limitations on how long an implied warranty may last, so the above limitations
may not apply to you. To the extent permissible, any implied warranties are limited
to ninety (90) days. This warranty gives you specific legal rights. You may have
other rights that vary from state to state or jurisdiction to jurisdiction.
7. You agree that this Agreement will be governed by the laws of the United
States applicable to contracts wholly performable within such states. The United
Nations Convention of Contracts for the International Sale of Goods, the application
of which is expressly excluded, will not govern this agreement. If any part of
this agreement is found void and unenforceable, it will not affect the validity
of the balance of the Agreement, which shall remain valid and enforceable according
to its terms. You agree that the Software will not be shipped, transferred or
exported into any country or used in any manner prohibited by the United States
Export Administration Act or any applicable export laws, restrictions or regulations.
This Agreement shall automatically terminate upon failure by you to comply with
its terms. This Agreement may only be modified in writing signed by an authorized
officer of DSGNHAUS.
8. If this product is acquired under the terms of a (i) GSA contract -
use, reproduction or disclosure is subject to the restrictions set forth in the
applicable ADP Schedule contract, (ii) Dod contract - use, duplication or disclosure
by the Government is subject to restrictions set forth in subparagraph (c) (1)
(ii) of 252.277-7013; (iii) Civilian agency contract - use, reproduction, or disclosure
is subject to 52.277-19 (a) through (d) and restrictions set forth in the accompanying
End User Agreement.
©2004 DSGNHAUS, INC. 606 Post Road East, Westport, CT 06880 USA |
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| LUCASFONTS |
LucasFonts END USER LICENSE AGREEMENT
By clicking "I AGREE" to the LucasFonts End User License Agreement, you accept the terms
and conditions set forth below.
Single User license
LucasFonts gives you the right to use the selected font software on one (1) printer and
up to five (5) computers at a single geographic location. For multi user licenses
additional fees can be calculated in the shopping cart.
Restrictions
You may install and use font software for the purpose of reproducing typeface designs.
You may take a copy of the font software to a commercial printer or service bureau for
printing your documents only if the printer or service bureau has purchased a license
to use that particular font software (documents with embedded fonts see Embedding).
You may not rent, lease, sublicense, give, lend, or further distribute the font
software or any copy thereof. You agree that you will not distribute any part of
the software through any on-line service. If your printed publications contain an
imprint, the names of the font and the foundry have to be mentioned, e.g. 'Type
set in "Fontname" from LucasFonts'.
Copyright
You agree that the font software is owned by LucasFonts, and its structure, organization
and code are the valuable trade secrets of LucasFonts. You acknowledge that the software
is protected by the United States Copyright Law, by the copyright and design laws of
other nations, and byinternational treaties. You agree to treat the font software as
you would any other copyrighted material, such as a book. You may not copy the font
software, with the exception of making an unmodified copy for personal archival purposes
only. You agree not to modify, adapt, convert, translate, reverse engineer, decompile,
disassemble, alter, or create derivative works of the font software.
Embedding
You may embed LucasFonts into documents for in house use. You may take a document with
embedded LucasFonts to a commercial printer or service bureau for printing. To publish
documents with embedded fonts (e.g. on Web or CD Rom) you need a special license
agreement, depending on the technology used and the scale of publishing. You do have
the right to modify and alter font software for your customary personal use, but
not for resale or further distribution. Contact your distributor or FontFabrik
info@fontfabrik.com for special wishes regarding the fonts.
Warranty
LucasFonts warrants that the font software will perform as it should for the ninety
(90) day period following your receipt. To make a warranty claim, you must notify FontHaus
within the ninety (90) day period. If the sofware does not perform correctly, LucasFonts
or your distributor will either replace the software or refund the license fee you paid for the
software. LucasFonts does not and cannot warrant the performance or results you
may obtain by using the software. In no event will LucasFonts be liable to you
for any consequential incidental or special damages, including any lost profits
or lost savings.
The license granted herein is effective until terminated. This agreement
shall automatically terminate upon failure by you to comply with its terms.
Upon termination, you must destroy the original and any copies of the software.
If any part of this agreement is found void and unenforceable, it will not
affect the validity of the agreement, which shall remain valid and enforceable
according to its terms. This agreement may only be modified by LucasFonts.
Cross license info
A second Single User License for the same font package for another computer
platform costs 50% of the normal price. |
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| MARKANNA STUDIOS (HYPNOCLIPS) |
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Markanna Studios (Hypnoclips) License Agreement
IMPORTANT—PLEASE READ CAREFULLY.
This End User License Agreement (hereinafter, "EULA," "License," "Agreement" or "License Agreement") is
a legal agreement between you and Markanna Studios Inc. (hereinafter "Markanna") which governs the terms
of use for the product that accompanies this Agreement, together with any media, printed materials,
electronic documentation, updates, add-ons, web services and any other material that may be associated
with the product now or in the future. By downloading the Image Software or opening the package,
installing, copying, accessing or otherwise using the Image Software, you agree to be bound by the
terms of this Agreement. If you do not agree to the terms of this Agreement, do not purchase this
License, download, install, access or use the Image Software. If you have purchased a License to use
the Image Software in a sealed retail package and do not agree to the terms of this Agreement, return
it unopened to the place of purchase for a full refund.
1. GRANT OF LICENSE. Upon payment in full to Markanna or an authorized distributor or reseller of the product governed by this Agreement, Markanna grants you a non-exclusive, terminable License to use the illustration(s) and related Image Software (collectively the "Images") together with any accompanying documentation in accordance with the terms of this Agreement. You may install the Images on not more than five (5) computers at one geographic location. Use of the Images on more computers than is allowed by the applicable License or at more than one location, requires the purchase of a Special License.
You may install the Images on a server for network use provided that at any time no more than five (5) computers have access to the Images. If at any time your use of the Images exceeds that permitted in the applicable License, you agree to immediately notify Markanna and purchase the appropriate Special License.
You may adapt and use the Images for illustrative purposes in printed communication (brochures, advertisements, etc.) for yourself and your clients. The creation or use of any derivative adaptations of the Images is subject to the terms of this License. You may adapt the Images for electronic or multimedia communication (presentations, video, web pages) for yourself and your clients provided the low-resolution JPEG or GIF copies of the Images are at a resolution no greater than 640 by 480 pixels (72 dpi). You further agree not to offer for sale or licensing any such images. The Images may not be used as the primary value or purpose of the electronic or multimedia production. By way of example, not limitation, you may incorporate an Image in a web page as a decorative element, but may not produce a screensaver product using the Image.
You may not use the Images in pornographic or sexually explicit materials. You may not claim, infer or allege that any Image is a likeness of any individual, whether living or dead. Use of the Images in any manner which is libelous, defamatory or in such a way as might cause emotional or physical harm is not permitted. You are not permitted to use an Image as a trademark, logo or as a part of a business or corporate identity. Except as may be otherwise expressly permitted herein, you may not publish, sell, or distribute the Images, whether as software or Images, either alone, or as part of an electronic or printed clip art or stock file library.
You may not use the Images on goods intended for resale, such as, but not limited to, mugs, T-shirts and hats, without the purchase of a Special License.
2. ONE BACK-UP. You are permitted to make one (1) back-up copy of the Images for archival purposes only. Unauthorized sharing, lending, renting, sale, or other unauthorized use or misuse of the original Images, copies or derivatives thereof, and/or the back-up copy is a material breach of this Agreement and will result in immediate Termination of this License.
3. EXCLUSIVE OWNERSHIP. Markanna and/or its licensors retain all right and title to their respective software, trademarks, copyrights and the designs comprising the Image Software licensed under this Agreement. Except as may be otherwise permitted herein, you agree not to copy the Image Software or create derivative works based upon the Image Software and/or the designs embodied in the Image Software.
4. LIMITED DISTRIBUTION. You are permitted to make a temporary copy of the Image Software for use by a commercial printer or service bureau solely for use in the production of your own materials and those for your clients. You are further permitted to include a temporary copy of the Image Software with a document solely for the purposes of your facilitating your personal printing and/or viewing of the document. Except as may be expressly permitted herein, you are not permitted to distribute the Image Software to third parties on an intranet, on the Internet or by any other means.
5. PDF AND OTHER FORMS OF EMBEDDING RESTRICTED. You are permitted to embed the Images in Portable Document Format (PDF) documents, solely for the purposes of non-commercial distribution, provided not more than ten (10) images are included in a single PDF document. For the purposes of the License, "Embedding Format(s)" include, but are not limited to PDF and other forms of Embedding Formats now in existence as well as any other Embedding Formats that may be created in the future. Use of the Image Software in PDFs or other form of Embedding Format in electronic products for sale, by way of example, not limitation including such items as electronic books, requires the purchase of a Special License.
6. USE IN OTHER MEDIA LIMITED. You are not permitted to incorporate or otherwise use the Image Software in any other media distributed to third parties. The publication and/or distribution of documents and/or other software which contains, includes or otherwise incorporates the Images, by way of example not limitation, electronic book product, games or material on CD-ROM or DVD requires the purchase a Special License.
7. TRADEMARKS. You agree to identify the Image Software by trademark and the owner of the trademark in any design credits. All use of the trademark associated with the Image Software inures solely to the benefit of the trademark owner. No ownership right is granted by this License Agreement. Markanna reserves all rights.
8. TRANSFER OF LICENSE. You are permitted to transfer this License to use the Image Software one (1) time only and only to another end user. Under no circumstances are you permitted to purchase a License to use the Image Software for resale purposes. Upon transfer of this License, you agree that (i) You will transfer the original Image Software together with all documentation, (ii) Any such transfer is not by consignment or other indirect means, (iii) The new Licensee reads, understands and agrees with the terms of this License, and (iv) You will destroy all other copies on the Image Software and any documentation remaining in your possession. Upon transfer of the Image Software, you are not permitted to retain copies for yourself, lend or otherwise provide copies of the Image Software to commercial printers or service bureaus.
9. WARRANTIES. Markanna will, at its sole discretion, either replace the Image Software or refund the Licensing fee in the event the Image Software does not perform substantially in accordance with the Documentation provided that any such claim is submitted within thirty (30) days of purchase of this License. To submit a claim, you must return the Image Software to the place of purchase together with a copy of your sales receipt. You expressly acknowledge and agree that use of the Image Software is at your sole risk. The Image Software and related documentation are provided "AS IS" and, except as noted herein, is without warranty of any kind and Markanna and its affiliated companies (together, "Markanna") hereby EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARKANNA DOES NOT WARRANT THAT THE OPERATION OF THE IMAGE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE IMAGE SOFTWARE IS WITHOUT DEFECTS. UNDER NO CIRCUMSTANCES SHALL MARKANNA BE LIABLE TO YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE IMAGE SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. Markanna’s liability to you shall in no event exceed the refunding of the cost of the Image Software or replacement of the Image Software at Markanna’s sole discretion.
10. OTHER LAW. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or implied warranties. ANY IMPLIED WARRANTY OR CONDITION CREATED BY LAW IS ONLY EFFECTIVE FOR THE THIRTY (30) DAY WARRANTY PERIOD. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE THIRTY (30) DAY WARRANTY PERIOD. The exclusions noted above may not apply to you. Otherwise, and to the extent permissible by law, you agree that all implied warranties are not to be effective for more than thirty (30) days.
11. TERMINATION. This License Agreement is effective as of the Date of full payment for the License. This License Agreement may be terminated by you at any time by destroying the Image Software together with any printed material and any copies of the Image Software. This License Agreement may be terminated without notice if you breach and/or fail to comply with any term contained herein. In the event you have not paid for this License or any part or upgrade thereof, you hereby agree to allow any attorney of any court of the United States or elsewhere to appear for you, with or without declaration filed, confess judgment against you in favor of Markanna for any unpaid amount. In the event you become insolvent, make a general assignment for the benefit of your creditors, seek the protection of the bankruptcy laws, or if bankruptcy proceedings are instituted against you this license shall immediately terminate.
12. GOVERNING LAW AND ARBITRATION. You agree to Arbitrate and settle all disputes, controversies, or claims relating to or arising from this Agreement in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") in effect as of the Effective Date of this Agreement and in accordance with the applicable laws of the State of California. The decision of the arbitrator shall be final. All Arbitration Conferences and Hearings will be held in San Francisco, California. The validity, construction, performance and enforcement of this agreement shall be governed by the laws of the State of California as they apply to contracts entered into and wholly performed therein and without giving effect to its conflict of law provisions or the conflict of laws provisions of any other jurisdiction. In all other circumstances, you specifically consent to the jurisdiction of the state and federal courts of the State of California over any action arising out of or related to this Agreement. Markanna expressly reserves any and all rights to pursue equitable relief including, but not limited to, temporary restraining orders and preliminary injunctions, irrespective of the AAA Rules.
13. COMPLIANCE WITH LAW AND EXPORT RESTRICTIONS. You agree be responsible for compliance with all laws, foreign and domestic relating to the control of exports or the transfer of technology, as well as end-user, end-use and destination restrictions issued by U.S. and other governments that have jurisdiction over you. If you are purchasing this License for government use, or under a government contract, you agree to familiarize yourself with and follow any applicable rules and regulations relating to the purchase of a license to use software and the actual use thereof.
14. SEVERABILITY. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by Markanna with a provision that most closely effects the intent of the invalid provision.
15. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the parties and supersedes all previous agreements, promises, representations and negotiations, whether written or oral.
16. HEADINGS. The captions of the sections of this License Agreement are for convenience only and shall not control or affect the meaning or construction of any of the terms or provisions of this Agreement.
Markanna Studios Inc.
+1 510 525 4288 TEL
+1 510 525 4289 FAX
Copyright (C) 2004 Markanna Studios Inc.
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| MONOTYPE IMAGING |
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Monotype Imaging Inc. - END USER LICENSE AGREEMENT
We recommend that you print this End User Agreement for further reference.
This Monotype Imaging Inc. End User Agreement (the "Agreement") becomes a binding contract
between you and Monotype Imaging Inc. (a) when you click on the area marked "ACCEPT LICENSE
AGREEMENT", or, (b) if you are acquiring Font Software on a floppy disk, when you open the
package in which the font is contained. If you do not wish to be bound by the Agreement, you
cannot access, use or download the Font Software. Please read all of the Agreement before you
agree to be bound by its terms and conditions.
You hereby agree to the following:
1. You are bound by the Agreement and you acknowledge that all Use (as defined herein) of
the Font Software (as defined herein) supplied to you by MTI is governed by the Agreement.
2. "MTI" as used herein shall mean collectively Monotype Imaging Inc., its successors and assigns,
its parent and affiliated corporations, its authorized distributors, and any third party which has
licensed to MTI any or all of the components of the Font Software supplied to you pursuant to
the Agreement.
3. "Font Software" as used herein shall mean software which, when used on an appropriate
device or devices, generates typeface and typographic designs and ornaments. Font Software
shall include all bitmap representations of typeface and typographic designs and ornaments
created by or derived from the Font Software. Font Software includes upgrades, updates,
related files, permitted modifications, permitted copies, and related documentation.
4. "Basic Licensed Unit" as used herein shall mean up to five (5) Workstations (as defined herein)
connected to no more than one (1) printer with a non-volatile memory (for example, a hard drive),
all located at a single geographic location. If you intend to use the Font Software on more equipment
than permitted by a Basic Licensed Unit, you must create an " Expanded Licensed Unit" by obtaining from
MTI, for an additional fee, a site license for all such equipment. "Licensed Unit" as used herein shall mean
a Basic Licensed Unit or an Expanded Licensed Unit as is appropriate to the context in which the term is
used. If you have acquired an entire Font Software Library (that is, a single license for Font Software for
500 or more different typeface designs) and you use such Font Software Library only at a single geographic
location, then "Licensed Unit" shall mean up to twenty (20) Workstations connected to no more than two
(2) printers with non-volatile memories at such geographic location.
5. "Use" of the Font Software shall occur when an individual is able to give commands (whether by
keyboard or otherwise) that are followed by the Font Software, regardless of the location in
which the Font Software resides.
6. "Derivative Work" shall mean binary data based upon or derived from Font Software (or
any portion of Font Software) in any form in which such binary data may be recast, transformed,
or adapted including, but not limited to, binary data in any format into which Font Software may
be converted.
7. "Personal or Internal Business Use" shall mean Use of the Font Software for your customary
personal or internal business purposes and shall not mean any distribution whatsoever of the
Font Software or any component or Derivative Work thereof. "Personal or Internal Business Use"
shall not include any Use of the Font Software by persons that are not members of your immediate
household, your authorized employees, or your authorized agents. All such household members,
employees and agents shall be notified by you as to the terms and conditions of the Agreement
and shall agree to be bound by it before they can have Use of the Font Software.
8. "Workstation" as used herein shall mean a component in which an individual is able to give
commands (whether by keyboard or otherwise) that are followed by the Font Software, regardless
of the location in which the Font Software resides.
9. "Commercial Product" as used herein shall mean an electronic document or data file created by
Use of the Font Software which is offered for distribution to the general public (or to some subset
of the general public) as a commercial product in exchange for a separate fee or other consideration.
By way of illustration and not by way of limitation, an electronic book or magazine distributed for a
fee shall be considered a Commercial Product; a document distributed in connection with a commercial
transaction in which the consideration is unrelated to such document (for example, a business letter,
a ticket for an event, or a receipt for purchase of tangible goods such as clothing) shall not be
considered a Commercial Product
10. You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly
permitted herein) license to access the Font Software (i) only in a Licensed Unit, (ii) only for your Personal
or Internal Business Use, and (iii) only subject to all of the terms and conditions of the Agreement. You
have no rights to the Font Software other than as expressly set forth in the Agreement. You agree that MTI
owns all right, title and interest in and to the Font Software, its structure, organization, code, and related
files, including all property rights therein such as copyright, design and trademarks rights. You agree that
the Font Software, its structure, organization, code, and related files are valuable property of MTI and that
any intentional Use of the Font Software not expressly permitted by the Agreement constitutes a theft of
valuable property. All rights not expressly granted in the Agreement are expressly reserved to MTI. You
may not use the Font Software to electronically distribute a Commercial Document without a separate
license from MTI authorizing you to do so.
11. You may install and Use the Font Software on a single file server for Use on a single local area network
("LAN") only when the Use of such Font Software is limited to the Workstations and printers that are part of the
Licensed Unit of which the server is a part. For the purpose of determining the proper number of Workstations
for which a license is needed, the following example is supplied for illustration purposes only: If there are 100
Workstations connected to the server, with no more than 15 Workstations ever using the Font Software
concurrently, but the Font Software will be used on 25 different Workstations at various points in time,
a site license must be obtained creating a Licensed Unit for 25 Workstations. The Font Software may not
be installed or Used on a server that can be accessed via the Internet or other external network system
(a system other than a LAN) by Workstations which are not part of a Licensed Unit.
12. You may electronically distribute Font Software embedded in a "Personal or Internal Business Use" document
(that is, a document other than a "Commercial Product" as defined herein) only when the Font Software embedded
in such document (i) is in a static graphic image (for example, a "gif") or an embedded electronic document, and
(ii) is distributed in a secure format that permits only the viewing and printing (and not the editing, altering,
enhancing, or modifying) of such static graphic image or embedded document. You may not embed Font
Software in a Commercial Product without a separate written license from MTI, and you may not embed
Font Software in an electronic document or data file for any reason other than your own Personal or Internal
Business Use.
13. You may not alter Font Software for the purpose of adding any functionality which such Font Software did
not have when delivered to you by MTI. If the Font Software contains embedding bits that limit the capabilities
of the Font Software, you may not change or alter the embedding bits. Font Software may not be used to create
or distribute any electronic document in which the Font Software, or any part thereof, is embedded in a format
that permits editing, alterations, enhancements, or modifications by the recipient of such document. If you have
reason to believe that a recipient of an electronic document possesses the capability to edit, alter, enhance, or
modify such electronic document even though you have distributed it in a format which does not permit such
editing, alteration, enhancement, or modification, you shall not transmit such document to such person.
14. You may take a digitized copy of the Font Software used for a particular document, or Font Software
embedded in an electronic document, to a commercial printer or service bureau for use by the printer or
service in printing such document but only if the printer or service bureau represents to you that it has
purchased or been granted a license to use that particular Font Software.
15. You acknowledge that the Font Software is protected by the copyright and other intellectual property
law of the United States and its various States, by the copyright and design laws of other nations, and by
international treaties. You agree to treat the Font Software as you would any other copyrighted material,
such as a book. You may not copy the Font Software, except as expressly provided herein. Any copies
that you are expressly permitted to make pursuant to the Agreement must contain the same copyright,
trademark, and other proprietary notices that appear on or in the Font Software. You agree not to adapt,
modify, alter, translate, convert, or otherwise change the Font Software, or to create Derivative Works
from Font Software or any portion thereof. You further agree not to use Font Software in connection
with software and/or hardware which create Derivative Works of such Font Software. You agree not to
reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the
Font Software, provided, however, that if you are located in a European Community member country
or any other country which provides rights materially similar to the rights set forth in this proviso,
you may reverse engineer or decompile the Font Software only to the extent that sufficient information
is not available for the purpose of creating an interoperable software program (but only for such
purpose and only to the extent that sufficient information is not provided by MTI upon written request).
You agree to use trademarks associated with the Font Software according to accepted trademark practice,
including identification of the trademark owner's name. Trademarks can only be used to identify printed
output produced by the Font Software. The use of any trademark as herein authorized does not give you
any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit
of MTI. You may not change any trademark or trade name designation for the Font Software.
16. You may not rent, lease, sublicense, give, lend, or further distribute the Font Software, or
any copy thereof, except as expressly provided herein. You may transfer all your rights to use
the Font Software to another person or legal entity provided that (i) the transferee accepts
and agrees to be bound by all the terms and conditions of the Agreement, and (ii) you destroy
all copies of the Font Software, including all copies stored in the memory of a hardware device.
If you are a business or organization, you agree that upon request from MTI or MTI's authorized
representative, you will with thirty (30) days fully document and certify that use of any and all MTI
Font Software at the time of the request is in conformity with your valid licences from MTI.
17. You may make one back-up copy of Font Software for archival purposes only, and you shall
retain exclusive custody and control over such copy. Upon termination of the Agreement, you
must destroy the original and any and all copies of the Font Software.
18. MTI warrants to you that the Font Software will perform substantially in accordance with its documentation
for the ninety (90) day period following delivery of the Font Software. To make a warranty claim, you must,
within the ninety (90) day warranty period, return the Font Software to the location from which you obtained
it along with a copy of your receipt or, if such Font Software is acquired on-line, contact the on-line provider
with sufficient information regarding your acquisition of the Font Software so as to enable MTI to verify the
existence and date of the transaction. If the Font Software does not perform substantially in accordance
with its documentation, the entire, exclusive, and cumulative liability and remedy shall be limited to the
refund of the license fee you paid to MTI to obtain delivery of the Font Software. MTI DOES NOT WARRANT
THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES
THE SOLE AND EXCLUSIVE REMEDIES FOR MTI'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING
LIMITED WARRANTY, MTI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR
PURPOSE. IN NO EVENT WILL MTI BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL,
INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA,
LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MTI HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES
EVEN IF MTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or
special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do
not allow the exclusions of implied warranties or limitations on how long an implied warranty may
last, so the above limitations may not apply to you. To the greatest extent permitted by law, any
implied warranties not effectively excluded by the Agreement are limited to ninety (90) days. Some
jurisdictions do not permit a limitation of implied warranties where the product results in physical
injury or death so that such limitations may not apply to you. In those jurisdictions, you agree that
MTI's liability for such physical injury or death shall not exceed One Hundred Thousand Dollars
(U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty
gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction
to jurisdiction. The Font Software is non-returnable and nonrefundable.
19. The Agreement will be governed by the laws of Illinois applicable to contracts wholly
entered and performable within such state. All disputes related to the Agreement shall be
heard in the Circuit Court of Cook County, Illinois, U.S.A. or the United States District Court
for the Northern District of Illinois, Chicago, Illinois U.S.A. Both you and MTI agree to the
personal jurisdiction and venue of these courts in any action related to the Agreement.
The Agreement will not be governed by the United Nations Convention of Contracts for
the International Sale of Goods, the application of which is expressly excluded. If any
part of this Agreement is found void and unenforceable, it will not affect the validity of
the balance of the Agreement, which shall remain valid and enforceable according to
its terms.
20. The Agreement shall automatically terminate upon failure by you (or any authorized person
or member of your immediate household to whom you have given permission to Use the Font
Software) to comply with its terms. The termination of the Agreement shall not preclude MTI
from suing you for damages of any breach of the Agreement. The Agreement may only be
modified in writing signed by an authorized officer of MTI. You agree that the Font Software
will not be shipped, transferred or exported into any country or used in any manner prohibited
by the United States Export Administration or any applicable export laws, restrictions or
regulations.
21. You have the rights expressly set forth in the Agreement and no other. All rights in and to
the Font Software, including unpublished rights, are reserved under the copyright laws of the
United States and other jurisdictions. All rights reserved. Notwithstanding the foregoing, to
the extent that any law, statute, treaty, or governmental regulation shall be deemed by a court
of competent jurisdiction to provide you with any additional or different rights from those
provided herein and such rights shall be deemed non-waiveable as a matter of law and to
supersede the rights specifically provided herein, then such law, statute, treaty, or governmental
regulation shall be deemed to be made a part of the Agreement. To the extent that any such
rights created by any law, statute, treaty or governmental regulation are waiveable, you agree
that your acceptance of the Agreement shall constitute an effective and irrevocable waiver of
such rights. The Agreement may be enforced by MTI or by an authorized dealer acting on
behalf of MTI.
22. If this product is acquired under the terms of a (i) GSA contract - use, reproduction or
disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract, (ii)
DOD contract - use, duplication or disclosure by the Government is subject to the applicable
restrictions set forth in DFARS 252.277-7013; (iii) Civilian agency contract - use, reproduction,
or disclosure is subject to FAR 52.277-19(a) through (d) and restrictions set forth in the Agreement.
"Monotype" is a trademark of Monotype Imaging Limited registered in the U.S. Patent and
Trademark Office and elsewhere. All other trademarks are the property of their respective owners.
MTI's mailing address is:
500 Unicorn Park Dr.,
Woburn, Massachusetts 01801
All inquiries may be sent via e-mail to:
info@monotypeimaging.com
Monotype Imaging's website is located at:
www.fonts.com |
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| MVB FONTS / MVB DESIGN |
MVB FONTS - End User License Agreement
You agree to the following user licensing terms:
IMPORTANT - PLEASE READ CAREFULLY: This end user License Agreement (hereinafter, "EULA," "License," "Agreement" or "License Agreement") is a legal agreement between you and MVB Fonts for the product that accompanies this Agreement, and is also applicable to any media, printed materials, electronic documentation, updates add-ons, web services and any other material that may be associated with the product now or in the future. By downloading the Font Software or opening the package, installing, copying, accessing or otherwise using the Font Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not purchase this License, download, install, access or use the Font Software. If you have purchased a License to use the Font Software in a sealed retail package and do not agree to the terms of this Agreement, return it unopened to the place of purchase for a full refund.
1. Grant of License. Upon payment in full, MVB Fonts grants you a non-exclusive, terminable License to use the Font Software ("Font[s]") and any accompanying documentation in accordance with the terms of this Agreement. The Basic License allows you to install the Font Software on not more than five (5) computers or CPUs at one geographic location. Use of the Font Software on more CPUs than is allowed by the applicable license or at more than one location, requires the purchase of a License upgrade. If you purchase a License to use the Font Software on more than five (5) CPUs, you may install the Font Software on the number of CPUs identified in the Order Receipt which is returned to you by email. If at any time your use of the Font Software exceeds that permitted in the applicable License, you agree to immediately notify MVB Fonts and purchase the appropriate License upgrade.
2. One Back-up. You are permitted to make one (1) back-up copy of the Font Software for archival purposes only. Unauthorized sharing, lending, renting, sale, or other unauthorized use or misuse of the original Font Software and/or the back-up copy is a material breach of this Agreement and will result in immediate Termination of this License. You are not permitted to alter the Font Software in any manner whatsoever. You are not permitted, by way of example not limitation, to decompile, reverse engineer, disassemble, modify, alter or change the software or any associated embedding bits. You are not permitted to reduce the Font Software to human readable form or translate the Font Software into other formats. Any use not expressly permitted herein will result in the Termination of this License without notice. You further agree that any use not permitted herein constitutes trademark and copyright infringement causing monetary damage to MVB Fonts.
3. Exclusive Ownership. MVB Fonts and its licensors retain all right and title to their respective software, trademarks, copyrights and the designs comprising the Font Software licensed under this Agreement. You agree not to copy the Font Software or create derivative works based upon the Font Software and/or the design of the Font embodied in the Font Software.
4. Limited Distribution. You are permitted to make a temporary copy of the Font Software for use by a commercial printer or service bureau solely for use in the production of your own materials. Copying and distribution to commercial printers or service bureaus is limited to those who clearly state that they are duly licensed to use the Font Software. You are further permitted to include a temporary copy the Font Software with a document solely for the purposes of your facilitating your personal printing and/or viewing of the document. Except as may be permitted herein, you are not permitted to distribute the Font Software to third parties on an intranet, on the Internet or by any other means.
5. Use in Other Media Limited. You are not permitted to incorporate or otherwise use the Font Software in any other media distributed to third parties. The publication and/or distribution of documents and/or other software which contains, includes or otherwise incorporates the Font Software, by way of example not limitation, on the Internet, CD-ROM or DVD requires the purchase a Special License.
6. PDF and Other Forms of Embedding Restricted. You are permitted to embed the Font Software in Adobe Acrobat Portable Document Format (PDF) documents, solely for the purposes of non-commercial distribution. Any such distribution shall be limited to a number of copies equivalent to the number of CPUs for which you have licensed the Font Software (for example, if you have purchased a Basic License, you may distribute a PDF containing the subset-embedded Font Software to not more than five (5) computers at your one geographical location). You hereby agree that the Font Software shall be SUBSET when embedded and the PDF document shall be set as NON-EDITABLE. Embedding of Font Software in PDFs to be distributed to more than the number of CPUs for which you have licensed the Font Software or for a product to be distributed to third parties (for example, distribution of a PDF on the Internet or Web, or for distribution as part of a commercial product such as an electronic book or use with a mobile device) requires the purchase of a special Embedding License (contact MVB Fonts for more information). Embedding the Font Software in web pages is expressly prohibited. You are not permitted to use the Font Software in connection with embedded font objects or by any other means for the purposes of displaying the Fonts on the Internet or on wireless web browsers. If you wish to use the Font Software for such purposes, you must purchase a License upgrade. If you are not sure how to subset and create non-editable PDFs, contact Adobe or MVB Fonts. EMBEDDING THE FONT SOFTWARE IN WEB PAGES, FAILURE TO PROTECT FROM UNAUTHORIZED EMBEDDING, FAILURE TO SUBSET, FAILURE TO SET A PDF AS NON-EDITABLE WHEN EMBEDDING, AND DISTRIBUTION OF A PDF CONTAINING EMBEDDED FONT SOFTWARE TO MORE THAN THE AUTHORIZED NUMBER OF CPUs IS A MATERIAL BREACH OF THIS LICENSE and will result in the Termination of this License without notice. You further agree that distribution of unauthorized embedded Font Software and/or embedded Font Software and without subsetting and/or as editable PDFs constitutes trademark and copyright infringement causing monetary damage to MVB Fonts.
7. Trademarks. You agree to identify the Font Software by trademark and the owner of the trademark in any design credits. All use of the trademark associated with the Font Software inures solely to the benefit of the trademark owner. No ownership right is granted by this License Agreement. MVB Fonts reserves all rights not expressly granted herein.
8. Transfer of License. You are permitted to transfer this License to use the Font Software one (1) time only and only to another end user. Under no circumstances are you permitted to purchase a License to use the Font Software for resale purposes. Upon transfer of this License, you agree that (i) You will transfer the original Font Software together with all documentation, (ii) Any such transfer is not by consignment or other indirect means, (iii) The new Licensee reads, understands and agrees with the terms of this License, and (iv) You will destroy all other copies on the Font Software and any documentation remaining in your possession. Upon transfer of the Font Software, you are not permitted to retain copies for yourself, lend or otherwise provide copies of the Font Software to commercial printers or service bureaus.
9. Warranties. MVB Fonts will, at its sole discretion, either replace the Font Software or refund the Licensing fee in the event the Font Software does not perform substantially in accordance with the Documentation provided that any such claim is submitted within thirty (30) days of purchase of this License. To submit a claim, you must return the Font Software to MVB Fonts together with a copy of your sales receipt. You expressly acknowledge and agree that use of the Font Software is at your sole risk. The Font Software and related documentation is provided "AS IS" and, except as noted herein, is without warranty of any kind and MVB Fonts and its affiliated companies (together, "MVB Fonts") hereby EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MVB FONTS DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT FAULT TOLERANT AND IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE FAIL-SAFE OPERATION MAY BE REQUIRED. THE FONT SOFTWARE MAY NOT BE USED IN MANUFACTURING, NAVIGATION, CONTROL EQUIPMENT OR IN ANY OTHER CIRCUMSTANCES WHERE THE USE OR FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. UNDER NO CIRCUMSTANCES SHALL MVB FONTS BE LIABLE TO YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. MVB Fonts' liability to you shall in no event exceed the refunding of the cost of the Font Software or replacement of the Font Software at MVB Fonts' sole discretion.
10. Other Law. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, implied warranties or implied warranties. ANY IMPLIED WARRANTY OR CONDITION CREATED BY LAW IS ONLY EFFECTIVE FOR THE THIRTY (30) DAY WARRANTY PERIOD. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE THIRTY (30) DAY WARRANTY PERIOD. The exclusions noted above may not apply to you. Otherwise, and to the extent permissible by law, you agree that all implied warranties are not effective for more than thirty (30) days.
11. Termination. This License Agreement is effective as of the Date of full payment for the License. This License Agreement may be terminated by you at any time by destroying the Font Software together with any printed material and any copies of the Font Software. This License Agreement may be terminated without notice if you breach and/or fail to comply with any term contained herein. In the event you have not paid for this License or any part or upgrade thereof, you hereby agree to allow any attorney of any court of the United States or elsewhere to appear for you, with or without declaration filed, confess judgment against you in favor of MVB Fonts for any unpaid amount. In the event you become insolvent, make a general assignment for the benefit of your creditors, seek the protection of the bankruptcy laws, or if bankruptcy proceedings are instituted against you this license shall immediately terminate. You further agree to the waiver or lifting of any stay or other protection provided by applicable Bankruptcy law granting MVB Fonts the right to enforce any or all of its rights under this License Agreement.
12. Governing Law and Arbitration. You agree to settle all disputes, controversies, or claims relating to or arising from this Agreement in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA Rules" and/or "Arbitration") in effect as of the Effective Date of this Agreement and in accordance with the applicable laws of the State of California as it relates to contracts entered into and performed therein. All Arbitration conferences and hearings will be held in San Francisco, California, USA. In all other circumstances, this Agreement shall be governed, enforced and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. The state and federal courts of the State of California shall have exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement. MVB Fonts expressly reserves any and all rights to pursue equitable relief including, but not limited to, temporary restraining orders and preliminary injunctions, irrespective of the AAA Rules.
13. Compliance with Law and Export Restrictions. You agree be responsible for compliance with all laws, foreign and domestic, including but not limited to all United States laws and regulations relating to the control of exports or the transfer of technology, as well as end-user, end-use and destination restrictions issued by U.S. and other governments that have jurisdiction over you. If you are purchasing this License for government use, or under a government contract, you agree to familiarize yourself with and follow any applicable rules and regulations relating to the purchase of a license to use software and the actual use thereof.
14. Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by MVB Fonts with a provision that most closely effects the intent of the invalid provision.
15. Entire Agreement. This Agreement constitutes the entire understanding between the parties and supersedes all previous agreements, promises, representations and negotiations between the parties.
16. Headings. The captions of the sections of this License Agreement are for convenience only and shall not control or affect the meaning or construction of any of the terms or provisions of this Agreement.
MVB Fonts
510 525 4288 Tel
510 525 4289 Fax
info@mvbfonts.com
www.mvbfonts.com
v.1
Copyright (C) 2002 Markanna Studios Inc.
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