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License Agreement
THIS IS A LEGAL AGREEMENT. If you cannot or do not agree to the terms of this License, do not download or install the Font Software. Downloading or installing or using the Font Software shall be your acceptance of the terms and conditions of this License. By downloading and/or installing fonts (“Font Software”), you agree to the following terms and conditions:
Grant of License
1. Installation, Locations, Portable Devices
a. This license is only for the benefit of the users authorized under this license. Authorized users are permitted to install and use the Font Software on up to as many as five (5) CPUs and two (2) output devices. The Font Software may be used on a network, but the total number of users may not exceed the users permitted under your License.
b. For the purposes of this License, a CPU is any computing device including desktop computers, workstations and portable computers such as a notebook or laptop computer. For the purposes of this License, the five CPUs may include a portable workstation or laptop, provided that it is based at the licensed geographic location.
c. This License has special requirements for use of the Font Software in “Apps” or for use in mobile computing devices, such as tablets or smartphones.
d. If you need to install the Font Software on more than the CPUs permitted under this license, or if more users need to use the font software, you are required to upgrade to multiple-user license.
e. You agree to treat the Font Software as confidential information and exercise reasonable care to avoid unauthorized distribution of the Font Software.
f. You are permitted to make a single back-up of the Font Software and the copy must contain all of the information contained in the original Font Software.
2. Other Uses
a. Uses of the Font Software on goods for sale--such as but not limited to apps, t-shirts, posters, stickers, stationery, greeting cards, and other printed and digital goods--either by yourself or by way of on-demand printing requires the purchase of a special license.
b. Broadcast, exhibition, and film usage of the Font Software is not permitted under this License and requires a special license. Such uses include, but are not limited to, the use of the Font Software to create titles, subtitles, and/or credits for any broadcast via television or other motion picture, including for Internet and/or cable broadcast or exhibition.
3. Service Bureaus
a. You are permitted to make and use a copy of the Font Software to a service bureau or printer solely for the purposes of outputting a particular file.
b. Archiving or storage of the Font Software by a service bureau or printer is not otherwise permitted. After use, the Font Software must be removed from the devices of the service bureau or printer.
c. The Licensee is responsible for ensuring that the Font Software is removed from the devices of the service bureau or printer.
5. Rights Reserved
The Font Software and the designs embodied within are each the exclusive property of April Carter Grant. This non-exclusive, revocable license grants you certain limited rights to use the Font Software only; no permanent or ownership rights are granted as a part of this License. All right, title, and interest in and to the Font Software and the designs of the fonts embodied therein together with the copyrights, trademarks, trade names, and service marks associated with April Carter Grant/La Lettre de Luxe and the Font Software are each the exclusive property of April Carter Grant.
6. Modifications Prohibited
Except as may be otherwise expressly permitted by a separate written agreement, you may not modify, adapt, translate, reverse engineer, decompile, recompile, disassemble, alter or otherwise copy the Font Software or the designs embodied therein; this term is contractual in nature. You are not permitted to embed, merge or ship the Font Software or any portion thereof into any other program or work. The Font Software may not be sublicensed, sold, leased, rented, lent, or given away to another person or business.
7. Returning and Exchanging Fonts
The Font Software may be returned or exchanged only if defective and will be replaced or refunded when accompanied by valid proof of payment within two (2) weeks of purchase.
8. Derivative Work
a. Any derivative works which use or are based upon the font software and/or the designs of the fonts, including but not limited to software or other electronic works, are considered derivative works and are not permitted under this License. Any such derivative works are the exclusive property of April Carter Grant and shall be subject to the terms and conditions of this license.
b. Derivative works may not be sublicensed, sold, leased, rented, loaned, or given away without the express written permission of April Carter Grant. April Carter Grant shall not be responsible for or required to support unauthorized, modified and/or regenerated software or derivative works.
c. This License permits the conversion of designs embodied in the Font Software to outline or bitmap images for the sole purpose of publishing electronic documents. Creating copies and/or derivative versions of the Font Software by converting to outline or bitmap version is not permitted by this License; this term is contractual in nature.
9. Third Party Use, Broadcasting
a. If you are an advertising agency, acting on behalf of an advertising agency, or otherwise acting in a similar capacity or for the benefit of a third party and the Font Software or a copy thereof will be transmitted to the client or third party, the purchase of a separate license for your client’s benefit is required. Depending upon how the Font Software will be used, an additional license upgrade and/or the purchase of a special license may also be required.
b. A special license is required to use the Font Software on goods for sale, such as but not limited to electronic books, game-playing devices, gaming or gambling devices, iPad or other tablet devices, and/or apps for use in devices, irrespective of whether the Font Software is embedded into the device or designs of the fonts are displayed.
c. Using the Font Software in exhibition or display in motion pictures, on television, on cable television, or as a part of any work broadcast or transmitted on the Internet requires a special license.
10. Embedding
Embedding the Font Software in PDFs, Flash documents, and other digital documents is allowed only in a secure, read-only mode, where the extraction of the Fonts is prohibited. Notwithstanding any other term of this license, embedding of the font software in other software or devices or in any other form whatsoever requires the purchase of and shall be controlled by a separate license agreement.
11. Webfonts
a. This License allows the use of the Font Software on webpages of Internet properties belonging to the licensed user through @font-face (EOT) methodology. Other font replacement technologies, such as but not limited to Cufon, sIFR, or other technologies that now exist or may be developed in the future, are not permitted with this license. A special webfont license is required.
b. April Carter Grant/La Lettre de Luxe reserves the right to provide licensing, distribution, and/or serving of webfonts by third parties.
11. Copyrights and Trademarks
The Font Software is protected under domestic and international trademark, copyright and industrial design law. You may but are not required to identify April Carter Grant/La Lettre de Luxe and ownership in any design or production credits.
12. License Transfer
You may transfer the Font Software to another party provided that the new licensee agrees, in writing, to be bound by this license and you destroy all copies of the Font Software immediately upon transfer. The new licensee must transmit a copy of their Agreement to April Carter Grant.
13. Warranties
APRIL CARTER GRANT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. THE FONT SOFTWARE WAS NOT MANUFACTURED FOR USE IN MANUFACTURING CONTROL DEVICES OR NAVIGATION DEVICES OR IN CIRCUMSTANCES THAT COULD RESULT IN ENVIRONMENTAL DAMAGE OR PERSONAL INJURY.WITHOUT LIMITING THE FOREGOING, APRIL CARTER GRANT SHALL IN NO EVENT BE LIABLE TO THE LICENCED USER OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT EVEN IF NOTIFIED IN ADVANCE. UNDER NO CIRCUMSTANCES SHALL April Carter Grant’S LIABILITY EXCEED THE REPLACEMENT COST OF THE SOFTWARE. Under no circumstances shall April Carter Grant’s liability exceed the substitution or the replacement cost of the Font Software, whichever is less and at the sole discretion of April Carter Grant. The terms of this license agreement are contractual in nature.
14. Termination of Agreement
Any breach of the terms of this Agreement shall be cause for termination. In the event of termination, and without limitation of any remedies under law or equity, you agree to immediately return the Font Software to April Carter Grant and certify that no copies remain in your possession or control. |