Font Brothers End User License AgreementTHIS IS A BINDING LEGAL AGREEMENT - Please read this Agreement before purchasing, downloading, installing or using the Font Software Font Software - 5 Device License By downloading and/or installing Font Brothers Software you expressly agree to the following terms and conditions: 1. Font Brothers grants you a non-exclusive, terminable, non-transferable license for use the Font Software in accordance with the following terms and conditions. 2. Use of the Font Brothers Font Software at more than one (1) geographic location or with more than five (5) devices requires a Multi-Device Site License upgrade. To determine the number of devices, add up all the CPUs, workstations, printers, and other devices that use or will use the Fonts. For example a device may be, but is not limited to, a printer, imagesetter, largeformat inkjet device or plotter, video display terminal, CPU, laptop/notebook CPU, workstation or any device where the Font Software is rasterized or the display of Font Brothers Fonts are generated from Font software outlines using Extensis Suitcase or other similar Font management software. 3. If your installation needs exceeds more than five (5) devices, you must contact Font Brothers at
[email protected] to purchase an upgrade to this basic End User License. If you do not agree to the terms of the Font Software license agreement, please return the Font Software, in its original unopened envelope to: Font Brothers, 5117 38th Ave S. Minneapolis, MN 55417, U.S.A. You also agree to immediately return the Font Software to Font Brothers and certify that no copy remains in your possession or control. 4. You are permitted to embed or otherwise include the Font outlines in a multimedia CD, DVD, PDF, or a flash movie distributed physically or online when such use is without charge of any kind and is for personal use provided the Fonts cannot be extracted. If you are unsure how to prevent font extraction, review your embedding software prior to creating documents containing embedded copies of the Font Software. Professional users are permitted to embed or otherwise include the Font outlines in a PDF, or a flash movie distributed physically or online for commercial use provided the Fonts cannot be extracted and the document is not for resale. Resale of any document containing an embedded copy of the Font Software is prohibited and if the ability to sell documents and/or files containing embedded copies of the Fonts is desired, the purchase of a license upgrade is required. 5. Except as may be expressly permitted herein, you may not distribute, sell, modify, adapt, translate, reverse engineer, decompile, disassemble, alter the embedding bits, translate into other font formats or otherwise copy the Font Brothers Font Software or the design of the Font embodied therein without the express written consent of Font Brothers. 6. You may lend a copy of this Software to any service bureau or printer which you hire to output your film, paper or color proofs, or create plates for printing provided that they do not use the Font Software for any purpose other than outputting or printing your work. Upon completion of your job, the service bureau must delete the Font Software or purchase their own license for continued use of the Font Software with others. 7. Use of Font Brothers Font Software in the following circumstances and/or applications is NOT permitted without first obtaining the appropriate licensing upgrade. In order to obtain a license upgrade, you must contact Font Brothers at
[email protected] for more information. If you are unsure whether your use of Font Brothers Font Software is specifically permitted under this Agreement, contact Font Brothers. ALPHABET OR LETTERFORM-RELATED PRODUCTS FOR RESALE; BROADCAST or FILM; ELECTRONIC DEVICE EMBEDDING; SOFTWARE EMBEDDING; Letter form or Alphabet Products include, but are not limited to, scrapbooking uses involving reproductions of individual letterforms, use in the creation of signage or numbering products, rubber stamps, die-cut products, stencil products, tattoo flash, or adhesive sticker alphabet products or any other product containing any image of or derived from the design of the Font embodied in the Font Software of which any likeness of the alphabet can be reproduced. Broadcast and Film Usage refers to the use of the Font Software in titling, credits for any on-screen broadcast via television, or motion picture titling; For use in film or in television broadcasts, the terms of this License are limited to an annual broadcast season or the initial release and broadcast usage licensing must be renewed prior to following season (whether original or re-rerun, both foreign and domestic) to retain usage and proper licensing. Additional licensing options are available. Embedded Electronic Devices includes the use of the Font Software for any onscreen display or on an electronic device outside a single location. For example, and not by way of limitation, such electronic devices include a kiosk or gaming devices, embroidery or sewing machines. Use of the Font to create a Company Logo is permitted. Upon the purchase of a license upgrade the Font Software may be embedded and resident within an electronic device provided it cannot be extracted from the device. NOTE: This restriction does NOT include laptop/notebook CPUs which are defined as a standard device in this License Agreement. The embedding or other use of the Fonts or the outlines thereof, in works distributed electronically and/or via physical media for sale is prohibited under this License. Any such use requires the express written permission by Font Brothers and may or may not require the purchase of a license upgrade at the sole discretion of Font Brothers. In the event any dingbats or other art forms are part of the Font Software, use of the artwork is further restricted. You may not use artwork, drawings or dingbats on goods for sale, in logo design, retail packaging or point of sale displays and in works that are printed in amounts greater than 500,000 impressions. Any such use requires the purchase of a license upgrade. 8. You are permitted to make a single back-up copy. The Font Brothers Font Software or documentation may not be sublicensed, sold, leased, rented, lent, or given away to another person or entity. 9. The Font Brothers Font Software may be returned or exchanged only if defective. Defective software will be replaced when accompanied by a valid sales receipt and Font Brothers is notified within one (1) week of purchase. 10. You agree that any derivative works created by you from the Font Brothers Font Software, including, but not limited to, software, EPS files, or other electronic works, are considered derivative works under U.S. Law and use of the derivative work is subject to the terms and conditions of this License Agreement. Derivative works may not be sublicensed, sold, leased, rented, lent, or given away without written permission from Font Brothers. Font Brothers shall not be responsible for unauthorized, modified and/or regenerated, adapted or translated software or derivative works. 11. The Font Brothers Font Software and the design of the Font embodied therein are the exclusive property of Font Brothers and are protected under both domestic and international copyright, trademark and unfair competition law. You agree to identify Font Brothers by name and credit Font Brothers's ownership of the trademarks and copyrights in any design or production credits. 12. This Software is licensed, not sold, to you by Font Brothers, and is licensed for use in accordance with the terms of this Agreement. As a licensee, your ownership of the magnetic and/or optical media on which the Software is recorded, if any, is distinct from and does not grant any right, title or interest in and to the design of the Font or the Font Software itself. All copies of the Software downloaded or installed, including the copy(ies) of any Software that accompanies this document either as part of a downloaded file or on recorded media, such as, but not limited to, magnetic or optical media, remain the exclusive property of Font Brothers. 13. Any breach of the terms of this Agreement shall be cause for termination of this License. In the event of termination, and without limitation of any remedies under law and equity, you agree to immediately return the Font Software to Font Brothers and certify that no copy remains in your possession or control. 14. You shall be responsible for compliance with all laws relating to the control of exports or the transfer of technology in connection with any use and distribution of the Font Software. 15. Subject to the representations and warranties stated herein, the Font Software is provided AS IS and without fiduciary obligation to you or other warranties of any kind and Font Brothers hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FONT BROTHERS DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE THE FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. THE FONT SOFTWARE IS NOT FAULT TOLERANT AND IS NOT INTENDED FOR USE IN THE CONTROL OR OPERATION OF DEVICES OR EQUIPMENT FOR MANUFACTURING, OR FOR USE IN NAVIGATIONAL DEVICES. UNDER NO CIRCUMSTANCES SHALL TERMINAL BE LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. Under no circumstances, subject to the conditions noted herein, shall Font Brothers s maximum liability to you or any third party exceed the replacement cost of Font Software or the provision of substitute software, at the sole discretion of Font Brothers. 16. OTHER LAW. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, and implied warranties. ANY IMPLIED WARRANTY OR CONDITION CREATED BY LAW IS ONLY EFFECTIVE FOR A THIRTY (30) DAY WARRANTY PERIOD OR THE SHORTEST PERIOD ALLOWED BY ANY APPLICABLE RULE, LAW OR STATUTE. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE SHORTEST APPLICABLE WARRANTY PERIOD. The exclusions noted above may not apply to you. Otherwise, and to the extent permissible by law, you agree that all implied warranties are not to be effective for more than thirty (30) days. 17. The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government, governmental authorities, its employees or vendors may be subject to restrictions set forth in federal law and regulations. If applicable, you hereby agree to familiarize yourself and adhere to any applicable rule, regulation or statute that may apply. The contractor / manufacturer is Font Brothers, 5117 38th Ave S. Minneapolis, MN 55417. 18. This Agreement will be governed by the laws of the State of Minnesota as applies to contracts entered into and wholly performed therein without application of its conflict of law provisions or the conflict of law provisions of any other jurisdiction. You hereby expressly consent to the personal jurisdiction of the local, state or federal courts located in the State of Minnesota over any action arising out of or related to this license and you hereby further expressly waive any jurisdiction or venue defenses and agree to services of process by mail. 19. You acknowledge that you have read this agreement and understand it and that by using the software you will be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Font Brothers and you which supersedes any proposal or prior agreement, oral or written, and any other communications between Font Brothers and you relating to the subject matter of this Agreement. No variation of the terms of this agreement or any different terms will be enforceable against Font Brothers unless Font Brothers gives its express written consent, including a written express waiver of the terms of this. If any provision of this agreement is held void or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions of this agreement will remain in full force and effect. 20. LICENSE UPGRADES. Font Brothers Font Software is licensed for use at a single location for use with a maximum of five (5) devices. Use of the Font Software in more than one geographic location and/or with more than five devices requires the purchase a separate or additional license. License upgrades may be purchased for use with additional devices. Broadcast, film, large installations for business, enterprise or otherwise substantially unrestricted or unlimited uses of Font Brothers Font Software will require a custom license agreement. You may contact Font Brothers at
[email protected] for custom licensing information. 21. Font Brothers reserves the right to amend or modify this License Agreement at any time and without prior notification. 22. The various names of the Font Brothers Fonts are the trademarks of Font Brothers. All other trademarks are the property of their respective owners, and may be registered in the United States and/or other jurisdictions. Direct any questions, in writing, to: Font Brothers, 5117 38th Ave S. Minneapolis, MN 55417.
