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End User License Agreements (EULAs)

Cape Arcona Type Foundry License Agreements

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END USER LICENSE AGREEMENT (EULA)

Cape Arcona Type Foundry Licenses and Copyrights Agreement

09. JANUARY 2012

By downloading and/or installing CAPE ARCONA TYPE FOUNDRY fonts software you agree to the following terms:

A) COMMERCIAL FONTS

1. You can install and use the font software on two (2) computers. These computers can be connected to, and the font software used with, any number of output devices, such as a laser printer, ink jet printer, an image setter or a film recorder. If you need to use the font software to more than two computers, you are required to purchase additional licenses. You are also responsible for securing this data and making sure that unlicensed copies do not leave your possession.

2. The digital files downloaded to your computer contain font software that is the intellectual property of and is owned by Cape Arcona Type Foundry. This non-exclusive license grants you certain rights to use the font software and is not an agreement for sale of the font software or any portion of it. Except for your right to use the font software granted by this license, all other rights, title of the font software, related trademarks and trade names are owned and retained by Cape Arcona Type Foundry.

3. Except as permitted herein, you may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter or otherwise copy the Cape Arcona Type Foundry Font Software.

4. You are permitted to make a back-up copy of the Font Software. The Font Software or documentation may not be sublicensed, sold, leased, rented, lent, or given away to another person, firm or entity.

5. The Cape Arcona Type Foundry Font Software may be returned or exchanged only if defective. Defective software will be replaced or money will be returned if Cape Arcona Type Foundry is notified within one (1) week of purchase and a valid sales receipt is presented.

6. FONT EMBEDDING

The Cape Arcona Type Foundry Fonts Software may be embedded in digital documents (PDF, eBook, ePub) or in any other form if the licensee can warrant that the licensee's encryption of the embedded Cape Arcona Type Foundry Fonts is secure enough to prevent any access or use by others. If Cape Arcona Type Foundry Font Software is made accessable to thirds by whatever technique (actual or in the future) additional license is required. If you embed the Cape Arcona Type Foundry Font Software into a digital commercial product (e-book, e-pub, interactive software) that is offered for distribution to the general public (or to some subset of the general public) an additional anual license is required. Contact Cape Arcona Type Foundry for prices and more information.

7. 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 and equity, you agree to immediately return the Font Software to Cape Arcona Type Foundry and certify that no copy remains in your possession or control.

8. Cape Arcona Type Foundry makes no warranties, express or implied as to merchantability, fitness for a particular purpose, or otherwise. Without limiting the foregoing, Cape Arcona Type Foundry shall in no event be liable to the licensed 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 Cape Arcona Type Foundry's liability exceed the replacement cost of the software.

B) Multi-user Licenses

When you purchase a Cape Arcona Type Foundry package or single font, you automatically acquire a single-user license, permitting you to use it on two computers. If you wish to use the font on more than two computers, you must purchase an additional Multi-User license. The price of a Multi-User license varies, depending on the number of computer you are going to use the fonts. You acquire a Multi-User license by buying a multiple number of identical fonts or font packages (units). See the list below to find out how many you need to purchase to cover your need of licenses.

1-2 Computer = 1 units

3-100 Computer = 3 units

Please contact us to inquire about Multi-user licensed for over 100 computer or if the font software is made accessible for an uncontrollable amount of users.

If you have already bought a package and later wish to upgrade, then you must simply present proof-of-purchase and request the upgrade.

C) FREE FONTS

1. No payment is required for a Cape Arcona Type Foundry free font. The font is free for all non-commercial uses. If you want to use it in a commercial way you have to buy a commercial license.

2. A Cape Arcona Type Foundry free font may not be redistributed or sold.

3. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter or otherwise copy any Cape Arcona Type Foundry free font.

4. Except for your right to use a Cape Arcona Type Foundry free font, all other rights are owned and retained by the Cape Arcona Type Foundry.

5. The Cape Arcona Type Foundry is not liable for any damage resulting from the use of this font.

6. Font embedding: see "A) Commercial fonts, Section 6, Font Embedding"

D) WEB FONTS

A web font is a font that can be used with the @font-face or any other kind of embedding technology (e.g. Flash, siFR, etc.) on websites.

Cape Arcona Type Foundry offers two kinds of web fonts:

a) All free fronts can be used as web fonts as long as they are used for non-commercial use. If you want to use it in a commercial way you have to buy a commercial license.

b) A font that is marked as WEB font (e.g. "CA BND Bold WEB") or indicated for use as web font only, is free for commercial use on websites.

1. A Cape Arcona Type Foundry web font may not be redistributed or sold.

2. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter or otherwise copy any Cape Arcona Type Foundry web font.

3. Except for your right to use a Cape Arcona Type Foundry web font, all other rights are owned and retained by the Cape Arcona Type Foundry.

4. The digital files downloaded to your computer contain font software that is the intellectual property of and is owned by Cape Arcona Type Foundry. This non-exclusive license grants you certain rights to use the font software and is not an agreement for sale of the font software or any portion of it. Except for your right to use the font software granted by this license, all other rights, title of the font software, related trademarks and trade names are owned and retained by Cape Arcona Type Foundry.

5. FONT-FACE EMBEDDING

You can use the web fonts for an unlimited number of websites that use the @font-face command any other kind of embedding technology. You can upload the fonts on any server (public or not) as long as the font file is used for the @font-face command.

6. OTHER EMBEDDING

You are allowed to embed the font in PDF and SWF files or web documents.

7. COMMERCIAL PRINT USE

We do not recommend to use a WEB font for commercial print projects, but if you really need to use it that way, you need to buy a commercial license.

E) Various

1. All prices are manufacturer's suggested retail prices. The information contained on the web site or in this document is subject to change without notice.

2. A full character-set of a typeface is displayed in the corresponding "PDF Character Sheet" document, available as download for commercial font. This document contains all characters " no more, no less " that are available in the typeface.

F) IF YOU USE OUR FONTS, WE MIGHT TELL EVERYONE ABOUT IT

We always like to show images that show the use of Cape Arcona Type Foundry fonts in action in our "Font in use" section at the Cape Arcona Type Foundry website. We reserve the right to show every image displaying one of our fonts. If you don't like it, you can contact us and we will take the images off the site.

G) WHO SELLS OUR FONTS?

We at the Cape Arcona Type Foundry do not sell our fonts directly to you. When you click on a BUY link at our site you will be redirected to our distributor share*it who is the seller of our products and your contractual partner.

Some, when not all of our fonts can also be purchased at MyFonts.com, Fonts.com, Fountain.nu and Veer.com.

The Cape Arcona Type Foundry Font Software License Agreement is subject to German Law.

YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

THE CAPE ARCONA TYPE FOUNDRY
c/o
Mr. Stefan Claudius +
Mr. Thomas Schostok
Margaretenstrasse 24
D-45145 Essen
Germany

www.cape-acona.com



End User Licence Agreement for Cape Arcona Webfonts
This end user Licence Agreement (hereinafter "Agreement") is a legal agreement between you, or, if you represent a legal entity, that legal entity (hereinafter "You") and Cape Arcona (hereinafter "Cape Arcona"), and is applicable to the Font Software that is accompanied by this Agreement or that You have ordered online.
By downloading the Font Software or, if You purchased it not online, by installing the Font Software or by opening the package, You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not download, install, or use the Font Software. If You have purchased Font Software in a sealed retail package and do not agree to the terms of this Agreement, return it unopened to the place of purchase.

1. Definitions
"Font Software" means coded software that is accompanied by this Agreement or that You have ordered online and that generates typeface designs when used with the appropriate hard- and software, plus any and all other data including documentation provided with such software.

"Licensed Unit" means installations of the Font Software that allow the design of Your Websites which have - based on any six consecutive calendar months - not more than the overall monthly average of Pageviews stated on Your invoice for the purchase of the Font Software. If no number of Pageviews is given on your invoice, the licensed number of Pageviews is 500,000 per month. If Your Websites averages (based on a period of six consecutive calendar months) at any given time in the future more than the licensed number of Pageviews per month, You must purchase an extended licence from Cape Arcona or its authorized distributors.

"Use" means to design Your own personal or business Website with the typeface embodied in the Font Software and to make accessible the Font Software together with Your Website on a web server in order to enable a web browser to render the content of such a Website using the respective Font Software. Use does not include the behaviour set forth in Clause 2.2. below.

"Website" as used here is a connected group of related web pages which form an entity whose content is managed by You, and which are organized under a particular domain name, including sub-domains. The Website can be viewed either over Your local area network or over the Internet. For the avoidance of doubt, web pages on sub-domains whose content is managed by other persons are deemed to be not part of Your Website.

"Pageview" is each request to load a single page of each of Your Websites. Pageviews - also referred to as page impressions or page requests - must be recorded by a commonly accepted or recognized performance tracking system. Cape Arcona reserves the right to request written copies of your average Pageview reporting statistics.

2. Grant of Licence and Restrictions
2.1. Grant of Licence. Cape Arcona grants You a non-exclusive licence to Use the Font Software in a Licensed Unit for Your own personal or business purposes according to the terms of this Agreement. If the average number of Pageviews under which the Font Software is Used exceeds the amount set forth in the Licensed Unit, then You must request from Cape Arcona or its authorized distributors an appropriate licence extension covering all Pageviews; an additional fee will be charged for this licence extension.

2.2. Restriction of Use. You are not allowed to copy, distribute or make the Font Software available to third parties so that they can use it for their purposes or for purposes other than the display of Your Websites. In particular (but not limited to), You are not allowed (i) to disseminate or make available the Font Software or parts of it through any online service or a file sharing platform or (ii) to sublicense the Font Software to third parties so that they can use it for their websites (even though such websites are hosted under Your domain name), e. g. for websites in social networks, for individual online shops under a common domain name, in blogging communities, by online editors, as a design tool, etc. If You wish to use the Font Software for such purposes, You must obtain a special licence from Cape Arcona or its authorized distributors.

2.3. No Embedding. You may not embed the Font Software in any documents (e. g. pdf documents), applications or devices other than your Websites. You may not use the Font Software for other services that are rendering the fonts, e. g. pre-press, plotting, exposing, etc. If You wish to use the Font Software for such purposes, You must obtain a separate pre-press font licence from Alan Meeks or its authorized distributors.

2.4. Backup. You may make backup copies of the Font Software for archival purposes only, provided that You retain exclusive custody and control over such copies. Any backup copy of the Font Software must contain the same copyright, trademark, and other proprietary information as the original.

2.5. Modifications. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or attempt to discover the source code of the Font Software except as expressly provided for in this Clause 2 and the Definition of Use. If You want to make modifications to the Font Software, You must obtain the prior written consent of Cape Arcona.


3. Ownership
The Font Software, and all copies thereof, is protected by the United States Copyright Law, by the copyright and design laws of other nations, and by international treaties. Any copyright, trademark and other rights belong exclusively to Cape Arcona. You do not gain the ownership of the Font Software or any part hereof under this Agreement. The structure, organization, and the code of the Font Software are trade secrets of Cape Arcona, and You agree to treat them as such.

4. Transfer of Licence
Except as expressly provided herein, You may not give, rent or lease or make available the Font Software or parts of it to third parties. You may completely transfer Your licence right to Use the Font Software to another person or legal entity provided that (i) You stop Using the Font Software Yourself, (ii) the transferee accepts and agrees in writing (with copy to Cape Arcona) to be bound by all the terms and conditions of this Agreement, and (iii) You destroy all of Your copies of the Font Software, including all copies stored in the memory of a hardware device.

5. Limitation of Liability
If the Font Software does not perform substantially in accordance with the pertaining documentation, the entire and exclusive liability of Cape Arcona shall be limited to either, at Alan Meeks's option, the replacement of the Font Software or the refund of the licence fee You paid for the Font Software. Cape Arcona and its suppliers do not warrant the performance or results You may obtain by using the Font Software. Cape Arcona 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 Cape Arcona or its suppliers be liable to You for any consequential, incidental or special damages, including any lost profits or lost savings, even if a Cape Arcona representative has been advised of the possibility of such damages, or for any claim by any third party. This warranty does not affect any claims You might have against Your retailer.

6. Export Restriction
You agree that the Font 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 other applicable export laws, restrictions or regulations.

7. Termination
Cape Arcona has the right to terminate Your licence immediately if You fail to comply with any term of this Agreement. Upon termination, You must destroy the original and any copies of the Font Software.

8. General provisions
You agree to inform all users who have access to the Font Software about the content of this Agreement and to make sure that they comply with the terms of this Agreement. This Agreement may only be modified in writing signed by an authorized officer of Cape Arcona.

9. Governing Law
This Agreement will be governed by the laws of USA. This agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. 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.