End-User License Agreement
THIS IS A LEGAL AGREEMENT DOCUMENT, PLEASE READ IT CAREFULLY. If the ordered goods are software associated with digital font software, the following license agreement shall apply. In accepting the terms of this agreement, you acknowledge understanding and promise to comply with its terms. If you do not accept these terms, please do not complete the purchase transaction or install the Typefaces.
If you believe your situation or uses or need for the font software is not addressed in this agreement, or if you are unsure of the meaning, permitted action or restriction of any particular term or section in this agreement, please contact TypeCulture before you make a purchase.
What you are purchasing from TypeCulture is the license to use our typefaces on a limited number of computers within your organization. You are not purchasing the copyright or title to the software and/or the design of the typefaces.
End-User License Agreement
1. Grant of License. TypeCulture ("TC") grants you a limited, non-exclusive, non-transferable license to install and use its typefaces and font software (the typefaces and font software are hereafter referred to individually and collectively as the "Typefaces") on the number of computers belonging to the individual or company or organization specified on your invoice/receipt. "Computers" are desktop workstations, laptops, PDAs, mobile phones and similar devices. All of the computers licensed under this agreement must belong to the person or organization licensed under this agreement.
2. Restrictions. Except as may be otherwise expressly permitted by your specific License, you agree to not sell, duplicate, license, reproduce, modify, include, adapt, transfer, translate, gift over or otherwise distribute the TC Typefaces or the design of the Typeface embodied therein without the express written consent of TC, which may or may not be granted. You further agree not to decompile, reformat, reverse engineer, disassemble, translate into other font formats or other software formats or otherwise discover the source code of the Typefaces, or to embed them in electronic documents. You agree to not alter TCs copyright notices. All rights not granted herein are expressly reserved to TC. Any modifications, derivations or adaptations of the Typeface or the design embodied therein, requires the express permission of TC which expressly reserves a right to create any such modifications, derivations or adaptations.
3. Other Restrictions. Use of TC Typefaces and the design embodied therein are not permitted in the following circumstances or applications without the purchase of a license upgrade and/or a special license.
a) ALPHABET OR LETTERFORM-RELATED PRODUCTS;
b) LETTERFORM CREATION PRODUCTS OR DEVICES;
c) PERSONALIZED PRODUCTS FOR RESALE;
d) BROADCAST ON TELEVISION, CABLE OR THE INTERNET;
e) COMMERCIAL EXHIBITION, OR USE IN FILM;
f) EMBEDDING as identified herein;
g) EMBEDDING IN SOFTWARE or DEVICES;
i) LARGE VOLUME COMMERCIAL USES;
j) FLASH ANIMATION, except as otherwise permitted herein; and
k) WEB FONT USES.
3.1 Alphabet or Letterform Related Products for Resale. Letterform and Alphabet Products include, but are not limited to, scrapbook type activities involving reproductions of individual letterforms, including but not limited to, digital alphabets (Alphas); adhesive sticker products; embroidery letters or fonts, use in the creation of signage or numbering products; monogram products; rubber stamps; die-cut products, stencil products; tattoo, flash, or converted into software or by other means for the purposes of producing alphabet or letterforms by the use of sewing and/or embroidery machines; die-cut devices and plotters or any other product producing or containing any image of the letterforms or images derived from the design of the Typeface embodied in the Typeface of which any likeness of the letterforms can be reproduced where the letterform or alphabet product will be distributed or resold. These restrictions do not apply to laser or inkjet printers used for those purposes generally associated with professional design such as, graphic and industrial design, or to sign-making facilities, provided the end product is a finished, work of design or ready to use sign where the user has purchased the appropriate license.
3.2 Personalized Products for Resale. Personalized Products include, but are not limited to use of the Typeface to create physical goods for retail sale, by way of example only, using the Typeface as a resource to create individually customized T-shirts, greeting cards, mugs, postage stamps, stickers, post cards, business cards, invitations on a customized, per order basis for retail sale such as by way of, but not limited to, Caf Press, Zazzle or other similar services. If you wish to use the Typeface for such purposes, the number of desired individual customized uses (Impressions) must be reported and licensed. Impressions may be purchased by contacting TC at: http://typeculture.com/contact_us/. Failure to purchase the proper license for such uses shall be a breach of this license, causing significant monetary harm to TC.
3.3 Broadcast Use. Broadcast, Exhibition, Internet and Film Usage includes, but are not limited to the use of the Typeface to create titling and/or credits for any broadcast via television, on the Internet and/or cable and/or motion picture theatrical distribution and/or other form of exhibition. For use in film or in television broadcasts and where a license for the same has been purchased, the terms of any such License are limited to an annual broadcast season or the initial release. Unless otherwise provided for, broadcast usage licensing must be renewed prior to the following season (whether original or re-rerun, both foreign and domestic) so as to retain a valid license. Failure to renew a broadcast, exhibition and film usage license, when such uses continue past the license period, shall be a breach of this license causing significant monetary harm to TC. Additional licensing options are available.
3.4 Embedding. "Embedded Documents" are those which contain a copy of the Typefaces, or data describing the shape or outline of the design embodied in the font software or any part of the Typefaces. Embedded Document formats include, but are not limited to: Acrobat (or other) files employing the Portable Document Format ("PDF"); Cascading Style Sheets ("CSS") employing the "@font-face" tag; Macromedia Flash (or other) files employing TrueDoc; and documents employing Web Embedding Font Technology ("WEFT"). You may not create Embedded Documents, except as expressly provided in paragraphs 3.4.1 and 3.4.2:
3.4.1 Workflow PDFs. For the sole purpose of providing documents to printers or other outside suppliers for reproduction, TC grants you a limited license to create and circulate a limited number of Embedded Documents in the PDF format ("Workflow PDFs") subject to the following restrictions: (a) Workflow PDFs must have "subsetting" enabled, to limit to the greatest extent possible the number of characters of the Typefaces embedded; (b) Workflow PDFs must be configured to be "non-editable," to prevent the alteration, addition, deletion or extraction of any text, by any party other than the licensee; (c) Workflow PDFs must be transmitted individually, on a one-to-one basis, over a closed network. Under no circumstances will this Agreement be construed to entitle you or your agents or assigns to broadcast or generally distribute Workflow PDFs, or any form of Embedded Documents, over public computer networks, including but not limited to publicly accessible pages on the Internet.
3.4.2 Flash Files. For the sole purpose of creating vector graphics for inclusion on web pages, TC grants you a limited license to create and circulate Embedded Documents in the SWF format ("Flash Files"), subject to the following restrictions: (a) Flash Files must have "subsetting" enabled, to limit to the greatest extent possible the number of characters of the Typefaces embedded; (b) Flash Files must be "static," not "dynamic," as to prevent any party other than the party licensed under this agreement, from specifying, selecting, copying, cutting, pasting or modifying the text that is displayed in the Typefaces; (c) Flash Files must be configured to "Protect from Import". Under no circumstances may Flash Files be used for entertainment products or broadcast without the purchase of a special license. The use of Flash Files is permitted for personal uses and by professional designers who are creating works for clients where such work cannot be deemed an Entertainment product or for use in broadcast. Under no circumstances may Flash Files be used for entertainment products or for use in broadcast without the purchase of a special license.
3.4.3 E-Books. This license agreement does not grant you the right to embed the Typefaces in e-documents or PDF periodicals published and distributed over public computer networks, or to install the Typefaces on Web Servers or use the Typefaces in e-reader devices or e-book type devices irrespective of format or the technology used. Any such uses require the purchase of an additional license from TC.
3.5 Large Volume Commercial Uses. Large Volume Commercial Uses include, but are not limited to, the use of the Typeface in the creation of products, promotional campaigns and related materials; advertising campaigns and related materials; product packaging or printed materials that require or results in the creation of more than 250,000 reproductions; interior or exterior store signage for regional, national or international uses including billboards. Under such circumstances an additional license will be required.
In order to obtain a license upgrade, you must contact TC at: http://typeculture.com/contact_us/ for more information. If you are unsure whether your particular use of any TC Typeface is specifically permitted under this Agreement, contact TC.
4. Non-embedded Digital Formats. In order to publish electronic documents (such as web pages) which employ the Typefaces, you will be permitted to distribute images of the Typefaces in industry-standard digital formats (collectively "Image Files") for the purposes set forth herein, subject to the following restrictions: (a) Image Files must feature fixed images of specific applications of the Typefaces rasterized in a pixel grid; (b) Image Files must not feature scalable or non-scalable outlines of the Typefaces, or permit the extraction or extrapolation of scalable or non-scalable outlines of the Typefaces; (c) Image Files must not permit the alteration of the text by any third party; (d) Image Files must not include more than 50% of the character set of any individual style of the Typefaces. Image Files include, but are not limited to: Joint Photographers' Expert Group ("JPEG") files; Graphics Interchange Format ("GIF") files; Portable Network Graphics ("PNG") files; Tagged Image File Format ("TIFF") files; non-vector Picture ("PICT") files; and Bitmap ("BMP") files.
5. Modifications. You may create outline artworks based upon the Typefaces for your personal or business use. However, the use of any font creation or font manipulation software or any attempt to modify the Typefaces for the purposes of creating usable or substitute versions of the Typeface font files or the font software is prohibited. Under no circumstances may you modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or otherwise attempt to discover the source code of the Typefaces. Any modifications made to the vector outlines shall be considered derivative works and their use governed by the terms and conditions of this Agreement. You further agree not to commission or authorize any third party to undertake modifications to the Typefaces without prior written consent from TC, which may or may not be granted.
6. Agencies and Consultants. If you are a design consultancy, advertising agency or purchasing this license for use by or on behalf of such an entity, the ultimate end user should also purchase a license appropriate for the intended use of the Typeface. The license granted herein for personal use does not extend to uses by temporary employees or independent contractors using the Typeface in professional environments or for other professional uses. Under such circumstances your employer and/or the ultimate end user are also required to purchase a license appropriate for their usage.
7. Permitted Installations. You may install and use the Typeface on a single file server for use on a single local area network (LAN) only when the use of such Typeface is limited to the workstations and printers licensed under this Agreement. The Typeface 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). Use of the Font Software on a Wide Area Network (WAN), including access for use via the Internet, requires the purchase of a special license.
8. Intellectual Property Rights. TC owns and retains all rights, title, interest and ownership of the font software and the designs embodied therein together with the trademarks and trade names associated with the font software. You agree that these rights extend to and include all subsequent copies, derivative versions of the artwork and/or software regardless of the format in which they are expressed or the media on which they are recorded. Any updates, revisions, enhancements or additions to the Typefaces supplied by TC under this Agreement shall become part of, and subject to, this Agreement. You acknowledge that TC shall be the exclusive owner of all worldwide right, title and interest in and to any and all modifications of, and derivative works based on, the Typefaces, regardless of who made such modifications or derivative works. The names of these Typefaces are trademarks of TC, and as such may only be used in keeping with accepted trademark practice, including identification of the trademark owner's name and only in conjunction with output produced using the Typefaces. You agree that the Typefaces are the sole and exclusive property of TC, including all applicable rights to patents, intellectual property, trademarks and trade secrets inherent therein, and you expressly acknowledge and agree not to challenge TC's rights thereto, or infringe TC's rights therein. This Agreement does not grant you any intellectual property rights in the Typefaces.
9. Warranty. Except as otherwise provided for herein, no return of the font software is permitted and TC makes no warranties, expressed or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.TC does not warrant that the operation of the Typefaces will be uninterrupted or error-free, or that the Typefaces are without defects. the font software was not created for use in machine control or navigation devices or in circumstances where the use of the font software may result in environment damage or personal injury. WITHOUT LIMITING THE FOREGOING, TYPECULTURE SHALL IN NO EVENT BE LIABLE TO THE LICENSED USER OR ANY OTHER THIRD PARTY FOR ANY DIRECT, CONSEQUENTAL, OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ARISING OUT OF THE USE OR INABLITY TO USE THE PRODDUCT EVEN IF NOTIFIED IN ADVANCE. UNDER NO CIRUCUMSTANCES SHALL TYPECULTURES LIABILITY EXCEED TYPECULTURES REPLACEMENT OF THE SOFTWARE.
10. Breach and Termination. This license is effective until terminated, but TC reserves the right to terminate this license immediately if you fail to comply with any term of this license without the obligation of notice. Upon any such termination you agree that you shall destroy the original and any copies of the Typefaces and cease all use of the font software and any associated trademarks.
11. Governing Law. This license shall be governed by and construed under and in accordance with the laws of the State of Maine, USA, applicable to contracts entered into, and to be fully performed in, that state. This license will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
This Agreement represents the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, representations and agreements, either express or implied, between the parties with respect to the subject matter hereof. The failure of TC to insist upon strict adherence to any term of this Agreement on any occasion shall not be construed as a waiver and shall not deprive TC of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect. The headings used herein are for reference only and shall not affect the construction of this Agreement.
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