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INGRAM PUBLISHING - 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 INGRAM PUBLISHING.
Upon your acceptance of this EULA by reading and/or checking the appropriate box at the end of this page and upon your payment of the license fee, and by downloading and/or installing Licensed Typefaces ("Software"), you will agree to the terms and conditions hereof. As used herein, "Licensed Typefaces" 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 INGRAM PUBLISHING 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 INGRAM PUBLISHING and/or its distributors is subject to all the terms and conditions set forth in this EULA.
Internet orders: If you do NOT agree to the terms and conditions of this license, please indicate your disagreement by NOT checking the "I Agree" box 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 and End user and you wish to distribute or resell the use of INGRAM PUBLISHING Products, you must notify INGRAM PUBLISHING to request a reseller's license.
INGRAM PUBLISHING 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 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 INGRAM PUBLISHING or your INGRAM PUBLISHING reseller 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 INGRAM PUBLISHING or your INGRAM PUBLISHING 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. INGRAM PUBLISHING 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 deliver a copy of the Licensed Typefaces 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 warrants and provides written assurance to you that it will use the Licensed Typefaces only for purposes of reproducing such document and that it will delete all digital copies or records of the Licensed Typefaces upon completion of their services on your behalf. You may not distribute the Licensed Typefaces 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 INGRAM PUBLISHING or your local distributor a License Agreement for which an additional fee may be charged.
Embedding of Licensed Typefaces into documents or Internet pages is only permitted in a secured read-only mode and solely for the purpose of non-commercial distribution. You must ensure that recipients of such documents or Internet pages cannot extract the Licensed Typefaces or use the embedded Licensed Typefaces for editing purposes or for the creation of new documents. If you need to Embed Licensed Typefaces that will NOT be in a secured read-only mode use, must notify INGRAM PUBLISHING or your INGRAM PUBLISHING distributor to purchase an additional license for which an additional fee may be charged.
4. You agree that the Software, and all copies thereof, is owned by INGRAM PUBLISHING and/or its suppliers, and its structure, organization and code are the valuable trade secrets of INGRAM PUBLISHING 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 INGRAM PUBLISHING and/or its suppliers.
6. INGRAM PUBLISHING 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 INGRAM PUBLISHING's option, the replacement of the Software or the refund of the license fee you paid for the Software. INGRAM PUBLISHING 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 INGRAM PUBLISHING's or its supplier's breach of warranty. Except for the foregoing limited warranty, INGRAM PUBLISHING 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 INGRAM PUBLISHING or its suppliers be liable to you for any consequential, incidental or special damages, including any lost profits or lost savings, even if a INGRAM PUBLISHING 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 thirty (30) 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 INGRAM PUBLISHING.
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.