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Process Type Foundry License
Notice to the User. PLEASE READ CAREFULLY.
This is an End User License Agreement EULA and otherwise a legal
Contract between you, the End User, (either an individual or an entity),
and the Process Type Foundry.
Upon your acceptance of this EULA and by downloading and/or installing Process
Type Foundry products (Software), you will agree to the terms
and conditions hereof. As used herein, Font Software shall mean
coded and encrypted Software that generates typefaces and other designs
when used with the appropriate hardware and other software. You acknowledge
that the Software is the intellectual property of Process Type Foundry and/or
its licensors.
End User means a retail customer who has purchased a license
to use the product rather than for distribution or resale. An End User is
not defined as a distributor, reseller, dealer, sub licensee, original equipment
manufacturer (OEM), or other wholesale buyer, etc. If you are
NOT an End User and you wish to distribute or resell the use of Process
Type Foundry products, you must notify Process Type Foundry to purchase
a resellers license for which an additional fee may be charged.
Process Type Foundry grants to you a non-exclusive, non-transferable license
to use the Software provided that you unconditionally agree to the following:
USE OF THE SOFTWARE - USER LICENSE
1.) DEVICES
The Software must be installed and used at a single Geographic Location
for use on one (1) computer and five (5) output devices (Licensed
Units).
2.) ADDITIONAL LICENSING
If the number of Licensed Units with which you want to use the Software
exceeds those set forth above, or you need to upgrade the number of Licensed
Units with which you have already purchased that are in addition to the
Initial User License set forth above, you must notify Process Type Foundry
to purchase such additional license for which an additional fee may be charged.
If you need to use the Software at additional Geographic Locations, you
must notify Process Type Foundry to purchase an additional Location or Site
License for which an additional fee may be charged. The license granted
herein is effective until terminated. Process Type Foundry has the right
to terminate your license immediately if you fail to comply with any term
of this Agreement. Upon termination, you must destroy or delete the original
and any copies of the Software and Documentation.
3.) SERVICE BUREAU USE
You may take a digitized copy of the Software used for a particular document
to a commercial printer or service bureau for use by the printer or service
bureau in reproducing such document. Upon completion of document the commercial
printer or service bureau must remove/erase the digitized copy of the Software.
4.) THIRD PARTIES
You may not distribute the Font Software to third parties, e.g. through
the Internet, CD-ROM, Email, portable disk etc except as noted above for
use through service bureaus.
5.) EMBEDDING OF FONT SOFTWARE
Embedding of Font Software into documents or Internet pages is only permitted
in a secured read-only mode. You must ensure that recipients of such documents
or Internet pages cannot extract the Font Software or use the embedded Font
Software for editing purposes or for the creation of new documents. If you
need to Embed Font Software that will NOT be in a secured read-only mode
use, you must notify Process Type Foundry to purchase an additional license
for which an additional fee may be charged.
6.) SOFTWARE LICENSE
You agree that the Software, and all copies thereof, are owned by Process
Type Foundry and/or its suppliers, and its structure, organization and code
are the valuable trade secrets of Process Type Foundry and/or its suppliers.
You acknowledge that the Software is protected under United States trademark
and/or Copyright Law, by the trademark and/or copyright and design laws
of other nations, and by international treaties. You agree to treat the
Software as you would any other copyrighted material, such as a book. You
may not copy or distribute the Software or Documentation, except as expressly
provided herein. Any copies that you are permitted to make pursuant to this
Agreement must contain the same copyright, trademark, and other proprietary
notices that appear on or in the Software. You agree not to modify, adapt,
translate, reverse engineer, decompile, disassemble, alter, or otherwise
attempt to discover the source code of the Software. You do have the right
to modify and alter the software for your customary personal and business
use, but not for resale or further distribution. The use of any trademark
as herein authorized does not give you any rights of ownership in that trademark
and all use of any trademark shall inure to the sole benefit of the trademark
owner. Except as expressly provided herein, this Agreement does not grant
you any right to intellectual property rights in the Software and its associated
trademarks.
7.) TRANSFER OF LICENSE
You may not rent, lease, sublicense, give, lend, or further distribute the
Software or Documentation, or any copy thereof, except as expressly provided
herein. You may transfer all your rights to use the Software and Documentation
to another person or legal entity provided that (i) the transferee accepts
and agrees to be bound by all the terms and conditions of this Agreement,
and (ii) you destroy all copies of the Software and Documentation, including
all copies stored in the memory of a hardware device. Without limiting the
generality of the foregoing, you agree that you will not distribute or disseminate
all or any part of the Software through any on-line service and you further
agree that any such intentional distribution shall constitute a theft by
you of a valuable property of Process Type Foundry and/or its suppliers.
8.) WARRANTIES
Process Type Foundry warrants to you that the Software will perform substantially
in accordance with the Documentation following your receipt of the Software.
To make a warranty claim, you must notify the source from which you obtained
it along with a copy of your sales receipt. If the Software does not perform
substantially in accordance with the Documentation, the entire and exclusive
liability and remedy shall be limited to either, at Process Type Foundry's
option, the replacement of the Software or the refund of the license fee
you paid for the Software. Process Type Foundry and its suppliers do not
and cannot warrant the performance or results you may obtain by using the
software or documentation. The foregoing states the sole and exclusive remedies
for Process Type Foundry or its suppliers breach of warranty. Except
for the foregoing limited warranty, Process Type Foundry and its suppliers
make no warranties express or implied, as to non-infringement of third party
rights, merchantability, or fitness for any particular purpose. In no event
will Process Type Foundry or its suppliers be liable to you for any consequential,
incidental or special damages, including any lost profits or lost savings,
even if a Process Type Foundry representative has been advised of the possibility
of such damages, or for any claim by any third party.
Some states of jurisdictions do not allow the exclusions or limitations
of incidental, consequential or special damages, so the above exclusion
may not apply to you. Also, some states or jurisdictions do not allow the
exclusions of implied warranties or limitations on how long an implied warranty
may last, so the above limitations may not apply to you.
9.) AGREEMENT
You agree that this Agreement will be governed by the laws of the United
States applicable to contracts wholly performable within such states. The
United Nations Convention of Contracts for the International Sale of Goods,
the application of which is expressly excluded, will not govern this agreement.
If any part of this agreement is found void and unenforceable, it will not
affect the validity of the balance of the Agreement, which shall remain
valid and enforceable according to its terms. You agree that the Software
will not be shipped, transferred or exported into any country or used in
any manner prohibited by the United States Export Administration Act or
any applicable export laws, restrictions or regulations. This Agreement
shall automatically terminate upon failure by you to comply with its terms.
This Agreement may only be modified in writing signed by an authorized officer
of Process Type Foundry.
10.) THANK YOU
Eric and Nicole thank you for reading this far and taking the time to understand
the above document! Your support makes this foundry possible.
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