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Parachute End User License Agreement
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCEPTING THIS AGREEMENT. BY OPENING THE SEALED CD-ROM PACKAGE, OR BY CLICKING THE "I AGREE" BUTTON FOR ONLINE PURCHASES, YOU INDICATE ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU MUST PROMPTLY RETURN THIS PACKAGE UNOPENED TO PARACHUTE WITHIN THIRTY (30) DAYS FOR A FULL REFUND OR DO NOT DOWNLOAD THE PRODUCTS IF YOU PURCHASE ONLINE.
This is a contract between you and Parachute Worldwide ("Parachute"). Subject to the terms and conditions hereof and upon payment of the license fee Parachute grants you a non-exclusive, non-assignable, non-transferable license to use the Parachute software ("font software"). This is not an agreement for sale of the font software or any portion or copy of it.
The font software you selected for purchase (the "font software"), is the property of Parachute and/or its suppliers. The term "font software" is referred to the computer program which contains digitally encoded scaleable outline font data and includes any related documentation, updates, permitted modifications and permitted copies of the font software licensed to you by Parachute. You agree that Parachute and/or its suppliers own all rights to the font software and its structure, organization and code, including copyrights, design and trademark rights. In addition, you agree that the code and structure of the font software constitute and contain valuable trade secrets owned by Parachute and/or its suppliers. The font software is protected by International Copyrights Laws.
Standard User License. You may install the Font Software on up to 5 (five) "workstations" at the same location. "Workstation" is referred to any device by which an indivindual is able to make use of the font software. You may not duplicate or copy the font software except as needed to use it as expressly permitted by this Agreement. However, you may make one (1) copy of the font software for backup purposes. All permitted copies you make must contain the exact copyright, trademark and other proprietary notices that appear on and/or in the font software. You may install the Font Software on a single local network only when the use of the font software is limited to the workstations which are part of the standard license unit. If you wish to use the font software at more than one (1) location or with more than five (5) workstations you must acquire a multi-device site license upgrade at an additional cost.
You agree that you will not modify, add new functionalities, adapt, translate, reverse engineer, decompile, decrypt, disassemble nor create derivative works of the font software without Parachute's prior, express written consent. "Derivative work" is referred to any font software which is derived or based upon the hereto licenced font software binary data (or any portion of it).
Embedding of the font software into electronic documents or internet pages is only permitted in a secured read-only mode. Licensee must ensure that recipients of electronic documents or internet pages cannot extract the font software from such documents or use the embedded font software for editing purposes or for the creation of new documents.
You may not sell, lend, otherwise transfer or sublicense the font software to any third party without Parachute's prior written consent. You may send a copy of the font software, or any portion of the font software, used in your documents to a commercial printer or service bureau to enable the editing or printing of your documents, provided that such commercial printer or service bureau has purchased a valid license to use the font software.
You agree that you may not use the font software or portion of it (unless you obtain additional licensing) in the following:
A. as part of a copyrighted logo or trademark
B. as part of interactive software such as video games
C. as part of electronic templates such as website design templates and presentation templates which an individual can use to create electronic greeting cards, business cards, e-business cards, or any other electronic or printed matter
D. as part of a commercial product when the font software becomes the primary aspect for resale (for example on plain t-shirts or coffee mugs, where the main element used to sell the product is the image of letters which is stamped on it)
Termination. The license granted hereunder shall automatically terminate, if you fail to comply with the terms and conditions hereof. Upon termination of this font software License Agreement, you agree to either return or to destroy and refrain from using the font software, the media, copies and/or any modified or merged portions thereof.
For a period of 90 days after delivery, Parachute warrants that the font software will perform as outlined in the user documentation in effect at the time of the commencement of this license. Parachute will correct substantial malfunctions occurring during this warranty period provided that such malfunctions are reproducible, your product is properly registered, and you give immediate notice and sufficient detail of such malfunctions to Parachute. Such corrections generally will be incorporated into new revisions of the font software, or until the release of such new revisions into temporary versions, at Parachute's discretion. Parachute and its suppliers makes no warranties, express or implied as to merchantability, fitness for a particular purpose, or otherwise. The font software is nonreturnable and nonrefundable.
Parachute shall in no event be liable 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 Parachute?s liability exceed the replacement cost of the software.
You agree to inform your employees or any other person having access to the font software and copies thereof, of the terms and conditions of this font software License Agreement and to ensure that they shall strictly abide by these terms and conditions.
If any part of this Agreement is found void and unenforceable the balance of the Agreement will remain valid and enforceable according to its terms. This Agreement may only be modified by Parachute in a writing that expressly states that such writing is intended to modify this Agreement.
The Agreement shall be governed by and construed in accordance with the laws of Greece. All disputes related to the Agreement shall be heard in the Court of Law of the City of Athens, Greece. Both you and Parachute 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.
Breach of Agreement.
In the event of any breach of this agreement by you, you agree to be responsible for the reasonable legal fees of Parachute and its licensors, in the event that Parachute or its licensors are required to enforce their rights by commencing an action under these provisions.