| Written by Archivist | |
| Monday, 28 August 2006 | |
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EULA END-USER LICENSE AGREEMENT For up to Five (5) Computers By downloading or installing Archive Type font software you agree to the following: 1. The font software is licensed, not sold. The digital files downloaded to your computer contain font software that is the intellectual property of and is owned by Archive Type. This license grants you right to use the font software and is not an agreement for sale of the font software or any portion of it. Except for your right to use the font software granted by this license, all other rights, title of the font software, related trademarks and trade names are owned and retained by Archive Type. 2. You may install and use the font software on up to five (5) computes at a single location. These computers can be connected to, and the font software used with, any number of output devices, such as desktop printers and/or image-setters, but the font software may be downloaded to the memory of only one (1) output device for the purpose of having such font software remain resident in the output device. You may make a single back-up copy. PDFs containing embedded fonts may be freely exchanged between parties, licensed for the fonts being embedded. PDF file containing embedded fonts may be sent for the purpose of digital output by a service bureau, or for the purpose of proofing by a client or proofreader. Under no circumstances shall anyone be allowed to further distribute, duplicate or make additional copies of the PDF. The PDF must have security set to allow only printing and viewing; it must prohibit changing, selecting, or adding. If you need to install font software on more than five (5) computers or install it on more than one output device, you are required to purchase additional licenses. You are also responsible for securing this data and making sure that unlicensed copies do not leave your possession. 3. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter or otherwise copy the font software nor create derivative works of the font software. You acknowledge and agree that the following are examples of prohibited derivative works: 4. The font software or any related documentation may not be sublicensed, sold, leased, rented, lent, or given away to another person or entity. You may, however, transfer all your rights to use the Software to another person or legal entity provided that you transfer this Agreement, the Software, including all copies, updates and prior versions and all copies of font software converted into other formats, and all Documentation to such person or entity and that you retain no copies, including copies stored on a computer. 5. The font software may be exchanged only if defective. Defective font software will be replaced when accompanied by a valid sales receipt and Archive Type is notified within two (2) weeks of purchase. 6. 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 cease using the font software and certify that no copy remains in your possession or control. 7. ARCHIVE TYPE DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE OR ANY RELATED DOCUMENTATION. ARCHIVE TYPE MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, ARCHIVE TYPE 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 GIGOFONTS' LIABILITY EXCEED THE REPLACEMENT COST OF THE SOFTWARE. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. |