URW++ Font Software End User License Agreement
This license agreement for Font Software becomes a legally binding contract between the licensee and URW++ GmbH when the licensee agrees to the Terms of Condition in an electronic delivery method or purchases the Font Software on a sotrage medium and opens the packaging containing the fonts.
If the licensee refuses to accept a contractual obligation through this license agreement, he is not permitted to access, use or download the Font Software. The licensee should thoroughly and carefully read through the complete license agreement before agreeing to the conditions specifi ed here.
The Font Software underlying this agreement is the intellectual property of the URW++ GmbH and/or its licencors. It contains URW++ Font Software with digital, machine-readable, scalable font software data, and is supplied to you by URW++ for usage only, however not sold. Usage of the URW++ Font Software is ruled by this license agreement.
1. Use of URW++ Software
Upon full payment of the agreed-upon license fee, you are granted:
1.1 A non-exclusive, single user right to use the URW++ Font Software on up to fi ve computers at one single geographical location stipulated by the licensee. If the URW++ Font Software will be installed on more than fi ve hard disks and will be used by several systems, an additional license must be acquired for each additional system from URW++ (see Multiuser form in exhibit 1). URW++ does not guarantee that the URW++ Font Software will work adequately in an environment with many systems. URW++ reserves all rights not expressly granted to you under this license Agreement. The URW++ Font Software is solely for use in your own business or for your own personal use, and it remains URW++’s ownership at all times.
1.2 The right to make additional backup copies of the URW++ Font Software for the exclusive purpose of data backup.
1.3 One additional usage (installation) on a personal home or portable computer if the URW++ Font Software is intended to be used for commercial purposes.
1.4 For the exlusive purpose of outputting certain fi les, the licensee is permitted to transfer a copy of the URW++ Font Software which is used for creating the pertinent fi le to a commercial printer or another service company. In the event of any text modifi cation, the service company is required to possess its own license. The licensee has to inform the commercial printer/service company about the content of this license agreement.
2. Proprietary Rights and Obligations
The URW++ Software is the valuable property of URW++. You will not make or have made, or permit to be made, any copies of the URW++ Software, documentation, or any portions thereof, except such copies as are necessary for the installation of the URW++ Software in accordance with the terms of this Agreement. Any such copies of the URW++ Software shall contain the same propriety notice which appears on or in the URW++ Font Software.
3. Assignment.
Assigning the license to a third party is essentially not permitted. By way of exception, the licensee is authorized to transfer the usage rights and license to a third party only upon compliance with all of the following conditions:
The third party has expressly declared to the licensee to strictly and unrestrictedly submit and adhere to the conditions of this license agreement for URW++ Font Software (see exhibited 2). In the event of transfer of the license to a third party, the licensee agrees and is obligated to refrain from further usage of the URW++ Font Software, and, regardless of where it is located, agrees and is obligated to delete said software and is not permitted to retain any copies, in whole or in part, of such.
4. Font Embedding
Embedding of the URW++ Font Software into electronic documents of Internet pages is only permitted under the absolute assurance that the recipient cannot use the URW++ Font Software to edit or create a new document (read-only). It must be ensured that the FontSoftware cannot be fully or partially extracted from said documents.
The licensee may electronically distribute URW++ Font Software embedded in a 'Personal or Business Use' document only when the URW++ Font Software embedded in such document is in a static graphic image (for example a 'gif' or 'jpg') or an embedded electronic document, and is distributed in a secure format that permits only the viewing and printing (and not the editing, altering, enhancing, or modifying) of such static graphic image or embedded document. The licensee may not embed URW++ Font Software in a Commercial Product wihtout a separate written license from URW++ GmbH, and the licensee may not embed URW++ Font Software in an electronic document or data file for any reason other than his own Personal or Internal Business Use.
If the licensee intends to edit or modify a document containing the embedded URW++ Font Software, a request must be made to URW++ GmbH. URW++ GmbH will then conclude an expansion/embedding license agreement for said purpose. This expansion/embedding license agreement is subject to an additional fee (see exhibit 3).
5. Exclusion of Other Usage
Subject to the provisions 1.4 and 3 of this agreement, selling, lending or otherwise transferring the URW++ Font Software to a third party or parties is strictly prohibited. In addition, transferring the URW++ Font Software as a component or sub-component of other products, e.g. electronic documents or sublicenses, to a third party or parties is also strictly prohibited.
Furthermore, licensee agrees not to modify, adapt, translate, rent, lease, resell, distribute, produce, reverse engineer, decompile, disassemble, redigitize or create derivative works or typefaces based on the URW++ Font Software or the typefaces created electronically or in hard copy form as a result of the use of the URW++ Font Software.
Specifically, it is prohibited to change or modify the Font/Trademark names used as identifying tags in the URW++ Font Software in any form or manner. If such changes or modifi cations become necessary, prior written consent has to be obtained from URW.
6. No Other Rights
URW++ retains title and ownership of the URW++ Font Software and all subsequent copies of the URW++ Font Software, regardless of the form or media in or on which the original and other copies may exist. Except as stated above, this Agreement does not grant you any rights to trademark or any other intellectual property rights in the URW++ Font Software or in any typeface design. In the event your use of this software is found to infringe on the intellectual property rights of any third party, in any jurisdiction, you will cease use of such software in such jurisdiction or you will secure any and all additional rights necessary for such use in such jurisdiction.
7. Term
The license is effective until terminated. URW++ has the right to terminate your license immediately if you fail to comply with any term of this Agreement. In addition, URW++ reserves the right to claim punitive damages. Upon such termination you will destroy the original and any copies of the URW++ Software and related documentation and cease all use of the trademarks.
8. Limited Warranty
URW++ warrants that the URW++ Software delivered to you to be free of defects in workmanship and manufacture for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt. URW++`s entire liability and your exclusive remedy as to such physical media shall be replaced if the physical media that does not meet URW++’s Limited Warranty is returned to URW++ with a copy of the receipt. If failure of any physical media has resulted from accident, abuse, or misapplication, URW++ shall have no responsibility to replace the physical media. Any replacement of physical media will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE URW++ SOFTWARE AND DOCUMENTATION ARE PROVIDED 'AS IS' . URW++ DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE URW++ SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR URW++’s BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, URW++ MAKES NO WARRANTIES EXPRESSED OR IMPLIED AS TO NON - INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. URW++ DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTYICULAR PURPOSE.
9. Limit of Liability
In no event will URW++ be liable to you for consequential or incidential damage (including damage from loss of business profi ts or savings, business interruption, loss of business information, and the like) or for claim by any party arising out of the use of or inabilitiy to use the URW++ Software, even if URW++ has been advised of the possibility of such damage.
10. Indemnifiction.
You agree to indemnify and hold URW++ and URW++’s suppliers harmless from and against any claims or damage which may result from your breach of this License Agreement.
11. Governing Law.
This Agreement will be governed by the laws in force in the Federal Republic of Germany.
URW++ Design & Development GmbHPoppenbütteler Bogen 36D-22399 Hamburg
Tel. +49 (40) 606050
Fax +49 (40) 60605111
www.urwpp.de |
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