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ARS TYPE¨ End User License Agreement
This license agreement is a legally binding contract between you, the licensee, and ARS Type¨ (Angus R. Shamal). By downloading, installing and/or using this font software, you acknowledge that you understand this license agreement and promise to comply with its terms.
If you do not accept the terms, please do not complete the purchase transaction or installing the font.
1. License & Usage rights
Upon payment of the usage fee, you are granted the non-exclusive and non-transferable right to use the font software on a number of computers within your organization as determined by the number of licenses you have purchased and stated in your invoice. By default, each ARS Type Typeface is licensed for 5 workstations (CPUs) at 1 location. You can purchase additional licenses at any time either directly from ARS Type or from the authorized Re-seller with which you placed your order. Please include your contact information, and the invoice number for any existing font licenses.
The number of output devices (Laser/Color/Inkjet Printers) is not restricted, provided that these devices do not store the font software permanently.
2.1 Copyright
Typeface design and font software ÐÊincluding all updates, expansions, modified versions and working copiesÊÐ are intellectual property of and are owned by ARS Type (Angus R. Shamal). You agree that typeface design and font software are protected by Dutch and International copyright, design patent and trademark laws. All rights reserved unless expressly granted in this agreement.
For your own use and within the conditions granted in this agreement, you are allowed to make a backup copy of the font software, documentation and license agreement.
You are not authorized to distribute the font software in any way, whether by selling, lending, donating or otherwise.
2.2 No Transfer of Rights.
You shall not sell, lease, sublicense, allow to use, or otherwise assign or transfer any of your rights, duties or obligations under this Agreement, in whole or in part, to any person or entity. Without limiting the foregoing, Typefaces licensed for use by a specific publication shall not be transferred to or used by other publications owned or managed by a common corporate parent, and/or affiliated with the specific publication to which this license has been granted, without the purchase of an additional license from ARS Type.
A transfer of the license you were granted requires a written permission by ARS Type; upon transfer of your license, you must delete the font software and all copies thereof.
3. Printing
We recommend that you provide your service bureau with a Workflow PDF file with the font software embedded if the PDF file meets the conditions mentioned in paragraph 4.1.
4.1 Embedding in Workflow PDFs
For the sole purpose of providing documents to printers or other outside suppliers for reproduction, ARS Type grants you a limited license to create and circulate Embedded Documents in the PDF format (ÒWorkflow PDFsÓ) subject to the following restrictions: (a) these Workflow PDFs must have ÒsubsettingÓ enabled, to limit to the greatest extent possible the number of characters of the Typefaces embedded; (b) Workflow PDFs must be configured to be Ònon-editable,Ó to prevent the alteration, addition, deletion or extraction of any text, by any party other than the licensee; (c) Workflow PDFs must be transmitted individually, on a one-to-one basis, over a closed network. Under no circumstances will this Agreement be construed to entitle you or your agents or assigns to broadcast Workflow PDFs, or any form of Embedded Documents, over public computer networks, including but not limited to publicly accessible pages on the World Wide Web.
4.2 Embedding in Flash Files
For the sole purpose of creating vector graphics for inclusion on web pages, ARS Type grants you a limited license to create and circulate Embedded Documents in the SWF format (ÒFlash FilesÓ), subject to the following restrictions: (a) Flash Files must have ÒsubsettingÓ enabled, to limit to the greatest extent possible the number of characters of the Typefaces embedded; (b) Flash Files must be Òstatic,Ó not Òdynamic,Ó as to prevent any party other than the licensee from specifying, selecting, copying, cutting, pasting or modifying the text that is displayed in the Typefaces; (c) Flash Files must be configured to ÒProtect from Import.Ó
4.3 Embedding in commercial products
Embedding the font software in commercial products requires a special license. (Examples: eBooks, games, DVDs or any other Software.) Contact ARS Type for more information.
4.4 Embedding for web
You may use the font software in websites in a form of Cufn or sIFR for one (1) time on one (1) website. As of yet, you are not allowed to use the font software for web font linking via @font-face. For this purpose, ARS Type is working on offering a reliable special web fonts license possibilities in the near future.
Please note that you are not allowed to do format conversion yourself (to web formats such as .woff format and .eot format), see paragraph 5 below.
5. Modification
Any modification of the font software, including conversion into other formats, requires written permission by ARS Type. If permission was granted, the copyright for modified font software remains with ARS Type, and modified font software too is subject to the terms of this license agreement. Thus, modified font software must not be distributed in any way.
6. Upgrading
You can upgrade non-featured ÔBasicÕ font software to the equivalent full-featured version at any time. Upon upgrading, you must delete the ÔBasicÕ font software version and all copies thereof. You can also upgrade your license for a larger number of workstations or to a fuller more complete family at any time. For more information about your specific request please contact ARS Type. Please include your order number and current license details.
7. Warranty and limitation of liability
ARS Type has done everything to produce high quality OpenType fonts. Minimum system requirement is MacÊOSX or Windows 7/Vista/XP/2000. Please note that not all systems or applications support OpenType features and kerning at all or equally well.
If you do experience any difficulties with our font software, please contact us, and we will do our best to resolve any issues. If this should not be possible, we will be pleased to refund your money, which shall be the limit of our liability in this transaction.
Except for this warranty granted, there is no warranty for performance or results obtained by using the font software. ARS Type will not be liable for any damages, claims or costs whatsoever or any direct, indirect, special, incidental or consequential damages, business interruption, nor for lost profits, savings or business information, arising out of any use of, or inability to use, the font software.
8. Final provisions
If you breach any term of this agreement, ARS Type will immediately terminate the license and right of use. In the event of termination, you must delete the font software and all copies thereof.
Should individual terms of this contract become invalid or unenforceable, all others will remain in full force and effect.
This contract is subject to the law of the Netherlands. Place of jurisdiction Rotterdam District Court. |