End User License Agreement Adrian Williams Design Ltd trading as Club Type grants the purchaser (hereafter referred to as End User) a non-exclusive license to use the items provided in this package, file or other delivery media which contains application software and digital outline font software (hereafter to be referred to as Product). Adrian Williams Design Ltd or any other organisation which it appoints to distribute Products under the terms of this agreement shall be hereafter referred to as Distributor. DeliveryThe End User is bound by the terms of this Agreement upon one of the following;a) upon shipment by Distributor of any unsealed and accessible Products to End User;b) upon shipment by Distributor of any sealed Products to the End User that have been unsealed or opened by End User;c) upon shipment by Distributor of enabled Products or information subsequently enabling any Products that have been digitally password encrypted to prevent their unauthorised use.ReturnsThese Products and documentation may be returned for a full refund, unless unsealed, opened, used, received electronically in a useable state or decrypted which indicates End User acceptance of this agreement.Refund policy for purchased ProductsEnd User can request a refund within 90 days of the purchase by sending a written request to the business address shown at Distributor's website. Please include the transaction information and explain why End User is requesting a refund. When the Distributor initiates a refund, it will communicate with the End User to give the Distributor the opportunity to resolve the reason for refund request. If the refund issue cannot be resolved within 30 days, a refund may be credited to the End User.RegistrationDistributor must be informed of any purchases or other receipts of Products by the End User, sometimes known as registration, in order for the End User to receive the benefits of technical support, update information and data or media replacement. CPU use In consideration of payment of the basic purchase price of Product, Product is licensed for use on up to 5 (five) computing devices including Central Processing Units, Networked Terminals or File Server (hereafter referred to as CPUs) at the same site. For the avoidance of doubt Products installed for network use on a single File Server may be used for only one of the following; permanent installation on hard disks up to the number of CPUs licensed; or use on a network provided the number of terminals does not exceed the number of CPUs licensed. Use of the Products at different sites requires a separate written license.Additional Licence End User, on receipt of paid invoice or receipt of purchase, acquires limited additional Licence to use purchased Product on multiple CPUs at the site stated and for the total number of CPUs purchased and shown on receipt of purchase or paid invoice solely for its own customary business or personal use. If agreement has been made in writing to evaluate the Product for fitness of purpose, Product must be erased from End User CPUs within the evalaution period of 7 days from the date of purchase.To ensure only original created media is distributed which can be supported by the Distributor, Products may only be distributed to Service Bureaux, Designers, Typesetters, Printers etc., or other external organisation who are third parties to this agreement, provided that; a) if End User requires delivery media support from Distributor the original delivery media is not an unauthorised copy for distribution from those originally distributed by Distributor and that any extra copies of the delivery media required for distribution are purchased from Disributor. b) if End User does not require Disributor to provide delivery media support, End User may freely copy and distribute the delivery media ONLY under the terms of the EULA and this Additional Licence.Output device use Products may be downloaded to (1) one hard disk of an output device for each multiple of 5 CPUs licensed. Off-site use A copy of the Products may be given to a Service Bureau or Printer provided; the Service Bureau or printer also has a license to use the Products; or an additional written license grants this right.EmbeddingProducts may be embedded into electronic documents on unlicensed CPUs provided that;a) electronic documents are distributed in a form that allows only printing and previewing but does not allow editing of the text in any way or;b) electronic documents are for personal and or internal business use only;If performance of the Products cannot be restricted to print and view only, the Products may only be used on licensed CPUs. An additional licence is also required to embed Products into, including but not limited to, hardware, software, application programs, printers, games, kiosk mode presentations, web pages, or any electronic documents which allow editing of the Products in any way.End User may embed Products into electronic documents on licensed CPUs provided that;a) electronic documents are for personal use or;b) internal business use and will not be further distributed.Rights Products and documentation may not be copied except for one (1) copy only for back-up purposes or, such copies as may be necessary for installation of Products in accordance with this Agreement and such copies must carry along with them any included copyright, trade mark, registration or proprietary information.Intellectual PropertyEnd User and Distributor acknowledges that Products are the intellectual property of Adrian Williams Design Ltd together with the digital code, as organised in the Products and are protected by international treaty provisions and the applicable laws in the Country of use. End User may not modify, or cause to be modified, the source code of the Product as presently organised to create a derivative work or code based or derived from the Product, including but not limited to; changes in embedding restrictions, modification of letterforms, translation or conversion to other formats, reverse engineering, decryption, decompiling, disassembling, copying or alteration of source code, addition of characters, letterfroms or symbols.End UserEnd User agrees to inform its employees and authorized agents of the terms of this Agreement before being given access to the Products and such employees or agents will be bound by its terms.RefundsEnd User acknowledges that Products purchased are nonreturnable and nonrefundable except as provided in the foregoing terms of this Agreement.DamagesDistributor's cumulative liabilities for any loss or damage to End User, other than that allowed by personal injury laws applying in that jurisdiction, shall not be greater than US30.00 (thirty US Dollars).TransferUser may not sublicense, lend, rent lease or transfer the Product unless written permission is given to do so. User may transfer the Product to an outside agency such as commercial printer providing that person or organisation has also purchased a licence to use the Product on the commensurate number of CPUs.Other rights Distributor and its suppliers retain title and ownership in the Products (including the transfer media) and documentation which is protected by United Kingdom copyright and design right law. Except where stated above this agreement confers no intellectual property rights or ownership including but not limited to copyright and trade marks.TermThis license remains in effect until terminated by Distributor at any time for its own legal reasons or if End User fails to comply with this agreement. End User may terminate this agreement at any time by returning all Products and documentation, Distributor not being liable for any indemnity or refund. Limited liability Any limited or implied warranties are effective for a period of (90) days from proof of delivery date. Products should be free from errors in normal use. If the Products fails to comply with this warranty, Distributor will, at its own cost, replace defective media or refund the license fee except if misuse has caused the failure. Distributor will not warrant the performance of Products or documentation. If End User fails to prove the Product was obtained from an authorized source, the Distributor shall have no responsibility to correct any faults. The foregoing states the sole extent of Distributor's breach of warranty and makes no warranties covering third party rights. Liability Under no circumstances will Distributor be liable to any party for any consequential, incidental or indirect damages, including loss of business, profits or information, interruption of business, etc., arising from use or misuse of the Products whether known or advised. The above limitations may not apply in certain jurisdictions of the world. Acknowledgment End User has read and acknowledged this agreement which supersedes all previous statements of agreement between End User and Distributor and agrees to be bound by its terms. This agreement inures to the benefit of Distributor and its licensors and their rights licensed under this agreement. Governing law This agreement is subject to change without notice and forms no commitment by Distributor and may not be amended except by written consent from Adrian Williams Design Ltd. This agreement will be governed by the laws of the United Kingdom. Contacting UsAdrian Williams Design Ltd, trading as Club Type,44 Mill Lane, Merstham, Redhill, Surrey RH1 3HQ, United Kingdom. Tel: 01737 643300 eFax: 0870 0515681International tel (UK)+44 1737 643300International eFax: (UK)+44 870 0515681Email:
[email protected]: http://www.clubtype.co.ukAuthorised Distributors list is available from the Club Type website www.clubtype.co.uk Copyright Adrian Williams Design Limited trading as Club Type 2006.eula206.3
