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END USER LICENCE AGREEMENT
Each font purchased from Australian Type Foundry (ATF) is licensed for use on 5 personal computers within the purchasing organisation. The end user agrees to receive purchased product from ATF via email transmission unless otherwise specified on the ATF website. The end user agrees NOT to use fonts purchased from ATF for any purpose, commercial, public, personal or otherwise, which constitues an illegal act or an incitement to racial, sexual or gender vilification or any other discriminatory or illegal purposes. The end user agrees not to copy, transmit, reproduce, or imitate any product purchased from ATF for any user outside the purchasing organisation or for any public or commercial purpose, unless permission in writing is obtained from ATF. The end user agrees not to modify the digital construction or coding of fonts purchased from ATF. Copyright and intellectual property remain the sole property of ATF after purchase. By purchasing from ATF you agree to these terms and conditions.
ATF warrants to you that the software will perform satisfactorily for the ninety (90) day period following your receipt of the software. This warranty does not apply to font software converted into other formats by the end user. To make a warranty claim, you must return the software to the location where you obtained it along with a copy of your sales receipt within such ninety (90) day period. If the software does not perform satisfactorily, ATF reserves the right to exercise either the replacement of the software or the refund of the license fee you paid for the software.
ATF and its suppliers do not and cannot warrant the performance or results you may obtain by using the software.
LICENCE AGREEMENT FOR FONT SOFTWARE
Between Australian Type Foundry Pty Ltd (Australian Type Foundry or the licensor) and the End User/Customer (you or the licensee).
1. LICENCE
This Licence Agreement for Font Software (Licence Agreement) becomes a legally binding contract between the licensee and the licensor when you access Font Software supplied by electronic delivery methods or open packaging containing Font Software supplied on a storage medium that you have purchased from Australian Type Foundry. Please read all these licence conditions thoroughly and carefully before proceeding. Once you access the Font Software you agree to comply with and be bound by all the conditions contained in this Licence Agreement. If there is any condition in the Licence Agreement that you do not accept, please do not access, use or download the Font Software. Please contact Australian Type Foundry immediately.
2. GRANT OF LICENSE AND USAGE RIGHTS
2.1 In return for the license fee paid, you are granted a non-exclusive license to use or store the Font Software on a maximum of 5 computers (of any type), whether networked or not, at one location.
2.2 If the Font Software is required for use on more than 5 computers or at different locations, this can be achieved by purchasing further copies of the Font Software or by applying to Australian Type Foundry for an appropriate Multi-User, Site, Country or World Wide License, please refer to point 3.
2.3 The Font Software may not be used or installed on a server that can be accessed via the Internet or other external network system or by computers that are not part of the 5 user licensed unit.
2.4 A copy of the Font Software should always be made for purely back-up purposes.
2.5 Except for your right to use the Font Software in accordance with this Licence Agreement, all other rights, title and interest in the Font Software and related trade names and trademarks are owned and retained by Australian Type Foundry and/or its Suppliers.
2.6 You agree to establish reasonable procedures to restrict access to and use of the Font Software, trade names and trademarks to comply with the conditions of this Licence Agreement.
3. MULTI-USER LICENSES
3.1 If you need to use or store the Font Software on more than 5 computers, you need to purchase an appropriate multi-user licence that can be tailored to suit your specific requirements.
3.2 When determining the number of computers to be licensed, you must include all computers that might have access to or might store the Font Software at any point in time. The number must include concurrent and non concurrent use.
3.3 If the Font Software is stored on a server that is attached to a Local Area Network (LAN) or a Wide Area Network (WAN), every computer that has access to that network must be included in the multi-user licence number to ensure that every computer is properly licensed.
3.4 Common multi-user licences can take the form of: a number of licensed computers at a single site; a number of licensed computers at a number of specified sites; a number of licensed computers within a single country, that may be at a number of sites or a number of licensed computers that are licensed for use anywhere in the world.
3.5 Please contact Australian Type Foundry if you think that a 5 computer licence is insufficient for your requirements. Australian Type Foundry can then calculate and propose a suitable tailored licence to meet your needs.
4. FONT SOFTWARE
4.1 The term Font Software relates to the digital font data supplied to you from Australian Type Foundry by electronic or other means. This digital data may include, but is not limited to, a single typeface weight/style, a typeface family, a font or typeface collection/library or any combination of these products.
4.2 Font Software includes any updates, upgrades, expansions, modified versions, copies, format or other derivative of the original font data supplied to you from Australian Type Foundry.
4.3 The Font Software and all modifications or derivatives of the Font Software shall remain, now and in the future, the exclusive property of Australian Type Foundry and/or its Suppliers.
5. EMBEDDING RIGHTS
5.1 Embedding of the Font Software into electronic documents, presentations, internet pages or other similar use is only permitted where the Font Software cannot be modified or extracted. You must ensure that where the Font Software is used in such applications that the Font Software is secure and cannot be used for editing purposes or extracted for the creation of new documents.
5.2 If you want to create documents or files that permit embedded Font Software to be edited or modified in any way, a separate licence agreement is required that is subject to an additional charge. Please contact Australian Type Foundry for details.
6. OTHER RESTRICTIONS
6.1 You are not permitted to modify, adapt, translate, reverse engineer, decompile or disassemble the Font Software.
6.2 You are not permitted to merge the Font Software with or into other software programs. However, this may be permissible in certain circumstances and would require a separate licence agreement that is subject to an additional charge. Please contact Australian Type Foundry for details.
6.3 You are not permitted to use the Font Software, or any component of the Font Software, for or as a basis for your own software development or own Font Software development.
6.4 You are not permitted to modify the trademark name, the font name, trade name, licence conditions, any identifying tags or any other part of the Font Software without the express permission of Australian Type Foundry.
6.5 All modifications of the Font Software remain the exclusive property of Australian Type Foundry and/or its Suppliers.
6.6 Any modifications that are not authorised by Australian Type Foundry in writing invalidate all warranties and support granted with this licence and are deemed to be a breach of this Licence Agreement.
7. ASSIGNMENT
7.1 You are not authorised to sublicence, sell, lease, rent or lend the Font Software to any third party.
7.2 You may permanently transfer all of your rights to use the Font Software to a third party provided that: the third party agrees to be bound by and comply with this Licence Agreement; you transfer this License Agreement together with its associated documentation (if any) and the original and all copies of the Font Software to the third party; delete all relative Font Software from your computer network agreeing not to retain any copies in whole or part and inform Australian Type Foundry in writing of the transfer with details of the third party.
8. TERMINATION
8.1 This Licence Agreement will immediately and automatically terminate without notice if the licensee fails to comply with any and all of its terms and conditions.
8.2 Upon termination the licensee agrees to return the original Font Software, all copies and any associated documentation to Australian Type Foundry.
8.3 Upon termination the licensee agrees to provide written assurance that no copies of the Font Software have been retained.
8.4 Australian Type Foundry and its Suppliers reserves the right to assert claims for damages and/or compensation in the event of termination due to a breach of this Licence Agreement by the Licensee.
9. DISCLAIMER AND LIMITED WARRANTY
9.1 Australian Type Foundry and its Suppliers warrants that for a period of ninety (90) days from the date of purchase of the Font Software, that the Font Software will under normal use and circumstances appear and perform satisfactorily and be free from material defects.
9.2 To make a warranty claim, you must return the Font Software, including a copy of the sales receipt, within the 90-day warranty period to Australian Type Foundry.
9.3 Australian Type Foundry and its Suppliers entire liability and the licensees exclusive remedy in connection with the Font Software is replacement of the Font Software should this be defective or, at Australian Type Foundry option, the return of the purchase price paid to Australian Type Foundry.
9.4 Australian Type Foundry and its Suppliers does not and cannot warrant the performance or results the licensee may obtain by using the Font Software or Documentation.
9.5 The foregoing states the sole and exclusive liability of Australian Type Foundry and its Suppliers in the event that Australian Type Foundry and/or its Suppliers is in breach of this Licence Agreement.
9.6 Except for the foregoing limited warranty, Australian 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.
9.7 In no event will Australian Type Foundry and/or its Suppliers be liable to the licensee for any consequential, incidental or special damages, including without limitations any lost profits, lost data, lost business opportunities or lost savings, even if Australian Type Foundry has been advised of the possibility of such damages, or for any claim against the licensee by any third party seeking such damages even if Australian Type Foundry has been advised of the possibility of such damages.
9.8 Australian Type Foundry and/or its Suppliers shall have no responsibility in the event of any claim resulting from accident, fire, theft, negligence, abuse or misapplication of the Font software.
9.9 Claims for compensation for idle time, loss of production, waste of material or any other indirect damage claim are explicitly excluded.
9.10 Australian Type Foundry and its Suppliers do not assume any liability for any loss or damage relating to this Licence Agreement.
10. INTELLECTUAL PROPERTY AND TRADEMARKS
10.1 The Font Software purchased under this Licence Agreement is the sole property of Australian Type Foundry and/or its Suppliers.
10.2 All intellectual property, trade names and trademarks related to the Font Software purchased under this Licence Agreement are the sole property of Australian Type Foundry and/or its Suppliers.
10.3 You are not permitted to make any copies of the Font Software or any component of the Font Software except one copy solely for back-up purposes or such copies as are necessary for installation of the Font Software.
10.4 This Licence Agreement does not grant you any ownership of the Font Software or ownership of any intellectual property rights.
10.5 The use of any trade name or trademark permitted by this Licence Agreement does not give you any rights to ownership of that trade name or trademark.
10.6 All trademarks shall be used in accordance with accepted trademark practice and include identification of the trademark owner.
11. GENERAL
11.1 The terms and conditions contained in this Licence Agreement constitute the entire agreement between the parties.
11.2 Any verbal agreements are only binding upon Australian Type Foundry if they have been acknowledged and confirmed in writing by Australian Type Foundry and signed by both parties.
11.3 Changes to this Licence Agreement will only become effective when made in writing and signed by both parties.
11.4 In the event that any provision or part of a provision of this Licence Agreement is found by any authority or court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of this Licence Agreement, all of which shall remain in full force and effect.
11.5 Any invalid or unenforceable provision may be replaced by a fresh provision, the purpose of which is to preserve as far as possible the intended economic purpose of the original provision.
11.6 This Licence Agreement shall be construed, governed and enforced according to the Laws of Australia, in the State of New South Wales and the parties hereto submit to the non-exclusive jurisdiction of the Australian courts for the purpose of enforcing any claim or dealing with any matter arising hereunder.
Australian Type Foundry
13 June Street, Merewether NSW AUSTRALIA 2291 |