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END USER LICENCE AGREEMENT
THIS END USER LICENCE AGREEMENT IS MADE BETWEEN YOU AND FONTSMITH LTD (ÒFONTSMITHÓ). PLEASE READ THESE TERMS AND CONDITIONS OF THIS END USER LICENCE AGREEMENT VERY CAREFULLY AS THIS LICENCE CONTAINS IMPORTANT INFORMATION WHICH WILL GOVERN YOUR USE OF THIS SOFTWARE. ANY ORDER YOU SUBMIT IS SUBJECT TO THESE TERMS AND CONDITIONS AND BY USING THIS SOFTWARE AND/OR SUBMITTING AN ORDER, YOU IRREVOCABLY CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE LICENCE TERMS AND CONDITIONS.
FONTSMITH ADVISES YOU TO PRINT OUT A COPY OF THESE LICENCE TERMS AND CONDITIONS AND KEEP THE COPY FOR YOUR RECORDS. ONCE PURCHASED, THIS SOFTWARE IS NON-REFUNDABLE AND THESE TERMS AND CONDITIONS ARE BINDING.
AGREED TERMS
1 Definitions
ÒDerivative WorkÓ means binary data based upon or derived from this Font Software (or any portion of this Font Software) in any form in which such binary data may be recast, transformed or adapted including without limitation binary data in any format into which this Font Software may be converted;
ÒFont SoftwareÓ means software (including authorised upgrades, updates, copies and modifications, and all related files and documents) which, when used on the appropriate devices (including without limitation appropriate hardware and software and any and all other data, including without limitation documentation supplied with such software), generates finalised typeface designs which are delivered by Fontsmith and shall include all bitmap representations of typeface and typographic designs and ornaments created by or derived from the font;
ÒIntellectual Property RightsÓ means patents, trade marks, service marks, trade names, registered and unregistered designs, trade or business names, copyright (including, but not limited to, rights in software), database rights, design rights, rights in confidential information and any other intellectual property rights whatsoever irrespective of whether such intellectual property rights have been registered or not which may subsist in any part of the world;
2 Grant of Licence and Term
2.1 In consideration of the correct and complete fee paid by you to Fontsmith for this Font Software, Fontsmith grants you a non-exclusive, non-transferable, personal licence, without the right to grant sub-licences and subject to these terms and conditions, to install and use this Font Software:
2.1.1 on up to the maximum number of personal computers; and
2.1.2 at up to the maximum number of locations (each with its own physical address),
in respect of which you have been authorised by Fontsmith.
2.2 For the purpose of clause 2.1, personal shall mean that the licence grant is only made to the individual or entity which initially licences this Font Software.
2.3 You have no right to this Font Software other than as expressly set out in this licence. You acknowledge that all rights (including without limitation any Intellectual Property Rights) not expressly granted to you under this licence shall be reserved by Fontsmith.
3 Scope of Use of Font Software
3.1 In relation to scope of use:
3.1.1 you may not use this Font Software other than as specified in clause 2 without Fontsmith's prior written consent and you acknowledge that additional fees may be payable on any change of use and/or increase or variation of the authorised users or locations approved by you;
3.1.2 further to clause 10.2, you may make back-up copies of this Font Software as may be necessary for its lawful use. You shall record the number and location(s) of all copies of this Font Software and take steps to prevent unauthorised copying and/or use of this Font Software which is not in accordance with the terms of this licence;
3.1.3 except as specifically stated in this clause 3, you have no right (and shall not permit any third party) to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to this Font Software in whole or in part;
3.1.4 you may not create any Derivative Works from this Font Software or any portion of this Font Software and you may not tamper with or alter this Font Software for the purpose of adding any functionality which this Font Software did not have when delivered to you by Fontsmith. If this Font Software contains embedding bits that limit the capabilities of this Font Software, you may not change or alter the embedding bits. Subject to clause 5 below, this Font Software may not be used to create or distribute any electronic document in which this Font Software, or any part thereof, is embedded in a format that permits editing, alterations, enhancements, or modifications by the recipient of such document; and
3.1.5 you may not take a digitised copy of this Font Software, or this Font Software embedded in an electronic document, to a commercial printer or service bureau for use by the printer or service in printing such document unless the printer or service bureau represents to you that it has purchased or been granted a valid and current licence to use that particular Font Software.
4 Authorised Use Only of Font Software
4.1 You shall ensure that this Font Software is only used and utilised by the number and type of users and at the number of locations for which you have been authorised. By means of an example if you have obtained and paid for a licence for two (2) to five (5) users across two (2) locations then you shall ensure:
4.1.1 that a maximum of five (5) copies of this Font Software are available for use and exploitation on separate devices (including without limitation desk top computers, laptops, hard drives, PDAs or any similar device) all located at no more than two (2) locations;
4.1.2 that such users are all from the same organisation and entity (such as all of your employees);
4.1.3 that no copies of this Font Software are made available to users from other organisations or entities, unless an additional licence is purchased from Fontsmith accordingly; and
4.1.4 that if you use a networked system for your devices then only a maximum of five (5) devices shall be capable of using this Font Software via the networked system and that such devices shall be operated and utilised by a maximum of five (5) individuals at a maximum of two (2) locations.
4.2 For the purposes of clause 4.1.4 above, you shall ensure that any such network systems are configured in such a manner that only the number and type of users in respect of which you have received authorisation to use this Font Software from Fontsmith may, and are permitted to, access this Font Software in accordance with this licence and at and within your authorised locations.
5 Permitted Document Formats
5.1 Further to clause 3.1 above and subject to clause 4, you may electronically distribute or transmit typefaces (or data describing any part of the typefaces) generated by this Font Software and embedded in the following document formats:
5.1.1 Portable Document Format files (ÒPDF FilesÓ);
5.1.2 Cascading Style Sheets [employing the Ò@font-faceÓ tag] (ÒCSS FilesÓ);
5.1.3 [Macromedia Flash (or similar) files employing TrueDoc (ÒFlash FilesÓ)];
5.1.4 documents employing Web Embedding Font Technology (ÒWEFT FilesÓ); and
5.1.5 any other similar embedded document formats (ÒOther FilesÓ),
(together ÒEmbedded Document FilesÓ) PROVIDED that you also comply with the further provisions of clauses 5.2 to 5.5 below.
5.2 PDF Files
For the purposes of clause 5.1, all PDF Files must:
5.2.1 [employ ÒsubsettingÓ to minimise (as far as possible) the number of characters of the typefaces embedded];
5.2.2 be Òread onlyÓ and/or configured so that they cannot be edited, altered, enhanced or modified in any way or by any person other than an authorised user and in accordance with these terms and conditions.
5.3 Flash Files
For the purposes of clause 5.1, all Flash Files must:
5.3.1 [employ ÒsubsettingÓ to minimise (as far as possible) the number of characters of the typefaces embedded];
5.3.2 be static, not dynamic; and
5.3.3 be ÒProtect from ImportÓ enabled.
5.4 CSS Files, WEFT Files and Other Files
For the purposes of clause 5.1, all |