License Description: |
This end user License Agreement (hereinafter ÒAgreementÓ)
is a legal agreement between you, or, if you represent a legal
entity, that legal entity (hereinafter ÒYouÓ) and TypeTogether
(hereinafter ÒTTÓ), and is applicable to the Font Software that
is accompanied by this Agreement or that you have ordered
online. By downloading the Font Software or opening the
package, you agree to be bound by the terms of this Agree-
ment. If you do not agree to the terms of this Agreement, do
not download, install, or use the Font Software. If you have
purchased a License to use the Font Software in a sealed re-
tail package and do not agree to the terms of this Agreement,
return it unopened to the place of purchase.
definitions
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 TT is governed by the
Agreement.
2. ÒFont SoftwareÓ means coded software that generates
typeface designs when used with the appropriate hard- and
software plus any and all other data including documenta-
tion provided with such software.
3. ÒLicensed UnitÓ means an installation of the Font Software
that allows up to five (5) concurrent users and any amount
of output devices to use it at a single geographic location.
A single geographic location is in particular the site of your
place of business. The geographic restriction does not ap-
ply to portable computers if they are owned by you. If you
require font software to be used by more than 5 users, you
need to purchase a license extension.
4. ÒCommercial ProductÓ means a product (e. g. electronic
document, soft- or hardware) which is distributed to third
parties with the intention of ( i) obtaining a financial or other
consideration and/or (ii) increasing awareness of oneÕs own
company or institution, products, and services in order to
gain more business.
grant of licence
5. This non-exclusive license grants you to use font software
in a Licensed Unit for your own personal or internal business
purposes according to the terms of this Agreement. You have
no rights to the Font Software other than as expressly set
forth in the Agreement. You agree that TT owns all right, title
and interest in and to the Font Software, its structure, orga-
nization, 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 TT and that
any intentional Use of the Font Software not expressly per-
mitted by the Agreement constitutes a theft of valuable prop-
erty. All rights not expressly granted in the Agreement are
expressly reserved to TT. You may not use the Font Software
to electronically distribute a Commercial Document without
a separate license from TT authorizing you to do so.
6. You may make back-up copies of the Font Software for
archival purposes only, provided that you retain exclusive
custody and control over such copies.
7. You may take a digitized copy of the Font Software used in
a particular document to a commercial printer or service bu-
reau for outputting this particular document (this document
may be edited by the printer or service bureau). In the event
of use of the Font Software for other purposes, the printer or
service bureau must purchase its own Font Software licenses.
8. You may embed the Font Software in documents either as
a rasterized representation of the Font Software (e.g., a GIF
or JPEG) or as a subset of the Font Software as long as the
document is distributed in a secure format that itself is not a
Commercial Product. You need an additional license from TT
or its Distributors for embedding the Font Software in a Com-
mercial Product.
9. You may adapt, modify, alter, translate, convert, and install
the font software into another format for use in other envi-
ronments, subject to the following conditions: A computer on
which the converted font software is used or installed shall
be considered as one of your permitted number of comput-
ers. Use of the font software you have converted shall be
pursuant to all the terms and conditions of this Agreement.
Such converted font software may be used for your own
customary internal business or personal use exclusively and
man not be distributed or transferred for any purpose. You
may not modify or remove the name(s) of the font software,
authorÕs signature, copyright and trademark notices from the
original files.
10. 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.
11. Except as granted in 6. to 7, you may not copy the Font
Software or allow third parties to copy the Font Software. Any
copy of the Font Software must contain the same copyright,
trademark, and other proprietary information as the origi-
nals.
12. You acknowledge that the Font Software is protected
by the copyright and other intellectual property law of the
United Kingdom of Great Britain, by the copyright and design
laws of other nations, and by international treaties. Any
copyright, trademark and other rights belong exclusively to
TT, except as expressly provided in 5. You do not gain the
ownership of the Font Software under this Agreement. The
structure, organization, and the code of the Font Software
are trade secrets of TT, and you agree to treat them as such.
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 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.
transfer of licence
13. You may not rent, lease, sublicense, give, lend, or further
distribute the Font Software, parts of it, 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,
(ii) you destroy all copies of the Font Software, including all
copies stored in the memory of a hardware device, and that
(iii) you notify TT about the transfer by submitting the online
form located at www.type-together.com/notifications/ or by
writing to Rodriguez 1339 Suite 7, 2000 Rosario, Argentina.
Without limiting the generality of the foregoing, you agree
that you will not distribute or disseminate all or any part of
the Font Software through any online service.
limited warranty
14. Limited warranty. For a period of ninety (90) days after
delivery, TT warrants that the font software will perform in
accordance with its documentation. To make a warranty
claim, you must return the Font Software to the location from
which you obtained it along with a copy of your sales receipt
within such ninety (90) day period. The entire, exclusive, and
cumulative liability and remedy shall be limited to the refund
of the license fee you paid to TT to obtain delivery of the Font
Software. Neither the warranty nor technical support do not
apply to any font software converted or modified by the user.
15. Disclaimer of warranties. TT DOES NOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING
THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE
AND EXCLUSIVE REMEDIES FOR TTÕS BREACH OF WARRANTY.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, TT MAKES
NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MER-
CHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT WILL TT BE LIABLE TO YOU OR ANYONE ELSE (I)
FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAM-
AGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS,
LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAV-
INGS, EVEN IF TT 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 TT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
termination
16. TT has the right to terminate your license immediately
if you fail to comply with any term of this Agreement. Upon
termination, you must destroy the original and any copies of
the Font Software and Documentation.
ownership
17. The Font Software, and all copies thereof, is protected by
the United States Copyright Law, by the copyright and design
laws of other nations, and by international treaties. Any
copyright, trademark and other rights belong exclusively to
the designer and/or TT, except as expressly provided in 5. You
do not gain the ownership of the Font Software under this
Agreement. The structure, organization, and the code of the
Font Software are trade secrets of TT, and you agree to treat
them as such.
governing law
18. This Agreement will be governed by the laws of United
Kingdom of Great Britain. This agreement will not be gov-
erned by the United Nations Convention of Contracts for the
International Sale of Goods, the application of which is ex-
pressly excluded. If any part of this agreement is found void
and unenforceable, it will not affect the validity of the bal-
ance of the Agreement, which shall remain valid and enforce-
able according to its terms. You agree that the Font Software
will not be shipped, transferred or exported into any country
or used in any manner prohibited by any applicable export
laws, restrictions or regulations. This Agreement may only be
modified in writing signed by an authorized officer of TT.
general provisions
19. You agree to inform all users who have access to the Font
Software about the content of this Agreement and to make
sure that they comply with the terms of this Agreement.
TypeTogether End User Licence Agreement, version 1.1
copyright © TypeTogether 2006 |