End User License Agreement (EULA)
Dalton Maag License Agreement
Dalton Maag Ltd
End User Licence Agreement (EULA)
We recommend that the Licensee prints this End User Licence
Agreement for further reference.
This Dalton Maag Ltd End User Licence Agreement ("EULA") becomes
a binding contract between the Licensee and Dalton Maag Ltd
when the Licensee commences a Font Software download, or if the
Licensee is acquiring Font Software on a permanent medium, when
the Licensee opens the package in which the software is contained.
If the Licensee does not wish to be bound by the EULA, the Licensee
cannot access, use or download the Font Software. Please read all of
the EULA before agreeing to be bound by its terms and conditions.
The Licensee hereby agrees to the following:
1
The Licensee is bound by the EULA and acknowledges that all
Use (as defined herein) of the Font Software (as defined herein)
supplied by Dalton Maag is governed by the EULA.
2
ìDalton Maagî shall mean Dalton Maag Ltd, its successors and
assignees, its parent and affiliated corporations, its authorized
distributors, and any third party which has licensed to Dalton
Maag any or all of the components of the Font Software supplied
to the Licensee.
3
ìLicenseeî shall mean the individual, company, corporation, or
other organization subject to this End User Licence Agreement
due to their access or Use of Dalton Maag Font Software.
4
ìFont Softwareî shall mean the software provided by Dalton
Maag which, when used on an appropriate Device or Devices,
generates typeface and typographic designs and ornaments. Font
Software shall include all bitmap representations of typeface and
typographic designs and ornaments created by or derived from
the Font Software. Font Software includes upgrades, updates,
related files, permitted copies, permitted conversions, and related
documentation.
5
ìDeviceî shall mean a hardware, software, or firmware
component to which an individual is able to give commands
(whether by keyboard or otherwise), regardless of the locations of
the individual, the Device, or the Font Software.
6
ìUseî of the Font Software shall be deemed to occur when an
individual is able to give commands (whether by keyboard or
otherwise) to a Device on which the Font Software is installed,
regardless of the locations of the individual, the Device, or the
Font Software.
7
ìUserî shall mean an individual giving commands (whether by
keyboard or otherwise) to a Device on which the Font Software is
installed, regardless of the locations of the individual, the Device,
or the Font Software. Users do not need to be members of the
Licenseeís organization or household, and may be members of
the public.
8
ìLicensed Unitî shall mean the number of simultaneous Users
permitted by the Licence. If the Licensee intends that Devices
on which the Font Software is installed should be simultaneously
used by more Users than permitted by the Licensed Unit, the
Licensee should purchase an additional Licensed Unit of the
correct size to cover the shortfall.
9
ìDerivative Workî shall mean data based upon or derived from
the Font Software, or any portion of the Font Software, in any
form in which such data may be recast, transformed, or adapted,
including, but not limited to, data in any format into which Font
Software may be converted.
10 ìDigital Productî shall mean an electronic document or data
file created by Use of the Font Software which is offered for
distribution outside of the Licenseeís organization or household.
By way of illustration and not by way of limitation, an electronic
book, electronic magazine, or computer game shall all be
considered Digital Products. A separate OEM/ISV licence is
required to use Dalton Maag Font Software in Digital Products.
A document distributed in connection with a commercial
transaction in which the consideration is unrelated to such
document, for example, a business letter, a ticket for an event, an
invoice, or a receipt shall not be considered a Digital Product.
11 ìLicenseeís Websiteî shall mean the publicly or privately
accessible collection of linked webpages, and other files, under
the legal control of the Licensee.
12 ìWebsite Visitorî shall mean a unique individual who accesses
any webpage, file, or data hosted on or provided by the Licenseeís
Website.
13 The Licensee is hereby granted a non-exclusive, non-assignable,
non-transferable (except as expressly permitted in section 21)
licence to Use the Font Software subject to all of the terms and
conditions of the EULA. The Licensee has no rights to the Font
Software other than as expressly set forth in the EULA. The
Licensee agrees that Dalton Maag owns all right, title and interest
in and to the Font Software, its structure, organization, code,
and related files, including all property rights therein such as
copyright, design and trademark rights. The Licensee agrees that
the Font Software, its structure, organization, code, and related
files are valuable property of Dalton Maag and that any intentional
Use of the Font Software not expressly permitted by the EULA
constitutes infringement of copyright. All rights not expressly
granted in the EULA are expressly reserved to Dalton Maag.
The Licensee may not use the Font Software to electronically
distribute a Digital Product without a separate licence from
Dalton Maag authorizing the Licensee to do so.
14 The Licensee shall not install, access or Use the Font Software
until it has paid the applicable licence fee in full, or received an
invoice for the licence fee and that invoice has not yet reached
its due date, or been given written authorization to Use the Font
Software by Dalton Maag. The Licensee shall pay all applicable
invoices in full within 30 days of each invoiceís issue date. If
the Licensee fails to pay any invoice when it is due, then, in
addition to any other rights and remedies available, Dalton Maag
may charge the Licensee interest at a rate of 6% above Bank
of England base rate from the due date to the date on which
the Licensee pays in full including any interest and/or cancel
the Licence, or suspend the Licence and charge the Licensee
for all additional costs resulting from such suspension and any
subsequent resumption.
15 The Licensee may install the Font Software on any number of
Devices which are all under the ownership or exclusive control of
the Licensee, or of the Licenseeís direct employees. The Licensee
shall ensure that the number of simultaneous Users of Devices on
which the Font Software is installed does not exceed the Licensed
Unit. The Licensee must take all reasonable steps to ensure that
it retains exclusive custody and control over all copies of the
Font Software. The Licensee must not transfer the ownership of
Devices on which the Font Software is installed. Upon termination
of the EULA, the Licensee must destroy all copies of the Font
Software.
16 The Licensee may convert the Font Software to EOT format (or
other format which Dalton Maag may from time-to-time make it
known that it allows under specific terms) for installation on the
Licenseeís Website. Website Visitors are included in the Licensed
Unit at the equivalence of 1,000 (one thousand) Website Visitors
per day being equal to 1 (one) User of the Font Software. For
the purpose of Licensed Unit assessment, the Licensee may
disregard the Licenseeís Websiteís busiest day in a seven-day
period. Should the number of Website Visitors cause the number
of Users to exceed the Licensed Unit, the Licensee must
immediately purchase an additional Licensed Unit of the correct
size to cover the shortfall.
17 The Licensee may electronically distribute Font Software
embedded in a personal or business document (that is, a
document other than a ìDigital Productî as defined herein) only
when the Font Software embedded in such document is in a
static bitmap image or an embedded electronic document, and is
distributed in a secure format that permits only the viewing and
printing (and not the editing, altering, enhancing, or modifying) of
such static graphic image or embedded document. The Licensee
may not embed Font Software in an electronic document or data
file for any reason other than the Licenseeís own personal or
business Use.
18 The Licensee may not alter Font Software for the purpose of
adding any functionality which such Font Software did not have
when delivered to the Licensee by Dalton Maag. If the Font
Software contains embedding bits that limit the capabilities of
the Font Software, the Licensee may not change or alter the
embedding bits. Font Software may not be used to create or
distribute any electronic document in which the Font Software,
or any part thereof, is embedded in a format that permits editing,
alterations, enhancements, or modifications by the recipient
of such document. If the Licensee has reason to believe that a
recipient of an electronic document possesses the capability to
edit, alter, enhance, or modify such electronic document even
though the Licensee has distributed it in a format which does not
permit such editing, alteration, enhancement, or modification,
the Licensee shall not transmit such document to such a person.
19 The Licensee may take one (1) copy of the Font Software
used for a particular document, or Font Software embedded
in an electronic document, to a commercial printer or service
bureau solely for the purpose of printing such document. The
commercial printer or service bureau shall not be permitted to
Use the Font Software to make changes or amendments to the
document. The Licensee shall ensure that the commercial printer
or service bureau destroys all copies of the Font Software upon
final delivery of the printed document.
20 The Licensee acknowledges that the typeface design and Font
Software are protected by the copyright, design, and other
intellectual property laws of England and Wales, by the copyright
and design laws of other nations, and by international treaties.
The Licensee agrees to treat the Font Software as the Licensee
would any other copyrighted material, such as a book. The
Licensee may not copy the Font Software, except as expressly
provided herein. Any copies that the Licensee is expressly
permitted to make pursuant to the EULA must contain the same
copyright, trademark, and other proprietary notices that appear
on or in the Font Software. The Licensee shall not produce
Derivative Works of this Font Software except for document
embedding and permitted conversions as expressly set out in
this Agreement. The Licensee is permitted to reverse engineer
the Font Software in order to produce any compatible software
product, provided that such a product is not a Derivative Work
of the Font Software. The Licensee agrees to use trademarks
associated with the Font Software according to accepted
trademark practice, including identification of the trademark
ownerís name. Trademarks can only be used to identify printed
output produced by the Font Software. The use of any trademark
as herein authorized does not give the Licensee any rights of
ownership in that trademark and all use of any trademark shall
inure to the sole benefit of Dalton Maag. The Licensee may not
change any trademark or trade name designation for the Font
Software.
21 The Licensee may not rent, lease, sublicense, give, lend, or
further distribute the Font Software, or any copy thereof, except
as expressly provided herein. The Licensee may transfer all the
Licenseeís rights to use the Font Software to another person or
legal entity provided that the transferee accepts and agrees to
be bound by all the terms and conditions of the EULA and the
Licensee destroy all copies of the Font Software, including all
copies stored in the memory of a hardware device, and provided
the entirety of the Licensed Unit is transferred.
22 Dalton Maag makes no warranty, express or implied, that this
Font Software is suitable for any specific purpose. Dalton Maag
will provide the Licensee with basic technical support on the
correct installation and exploitation of the Font Software in
common software packages and operating systems. Once Font
Software has been downloaded online or security seals broken on
physical packaging, the software cannot be returned. Otherwise,
the Licensee has a right to cancel within fourteen (14) days of
completion of the contract of sale.
23 Dalton Maag, or its appointed auditor, is entitled to inspect
and have access to any premises, and to any Devices, owned
or operated by Licensee, at or on which this Font Software is
kept or Used, for the purposes of ensuring that the Licensee is
complying with the terms of this Licence. The Licenseeís business
information shall remain strictly confidential by Dalton Maag and
their auditor, who shall be granted access to all the necessary
documents to verify compliance with this and any other
agreement with Dalton Maag. The inspection shall take place
within the Licenseeís usual business hours and after reasonable
written notice. Dalton Maag shall bear the costs of the inspection.
However, if, in the course of the inspection, deviations to the
detriment of Dalton Maag are discovered, the Licensee shall bear
the costs of the audit.
24 This EULA will be governed by the laws of England and Wales.
For the purposes of the Sale of Goods Act 1979, Supply of Goods
and Services Act 1982, and the Consumer Protection (Distance
Selling) Regulations 2000, Font Software is classified as computer
software.
25 The EULA shall automatically terminate upon failure by the
Licensee (or any authorized person or member of the Licenseeís
immediate household to whom the Licensee has given
permission to Use the Font Software) to comply with its terms.
The termination of the EULA shall not preclude Dalton Maag from
suing the Licensee for damages of any breach of the EULA. The
EULA may only be modified in writing signed by an authorized
officer of Dalton Maag.
26 The Licensee has the rights expressly set forth in the EULA
and no other. All rights in and to the Font Software, including
unpublished rights, are reserved under the copyright laws of
England and Wales and other jurisdictions. All rights reserved. The
EULA may be enforced by Dalton Maag or by an authorized dealer
acting on behalf of Dalton Maag.
Version 1.2. For licences issued from 22 August 2010.
End User Licence Agreement (EULA)
We recommend that the Licensee prints this End User Licence
Agreement for further reference.
This Dalton Maag Ltd End User Licence Agreement ("EULA") becomes
a binding contract between the Licensee and Dalton Maag Ltd
when the Licensee commences a Font Software download, or if the
Licensee is acquiring Font Software on a permanent medium, when
the Licensee opens the package in which the software is contained.
If the Licensee does not wish to be bound by the EULA, the Licensee
cannot access, use or download the Font Software. Please read all of
the EULA before agreeing to be bound by its terms and conditions.
The Licensee hereby agrees to the following:
1
The Licensee is bound by the EULA and acknowledges that all
Use (as defined herein) of the Font Software (as defined herein)
supplied by Dalton Maag is governed by the EULA.
2
ìDalton Maagî shall mean Dalton Maag Ltd, its successors and
assignees, its parent and affiliated corporations, its authorized
distributors, and any third party which has licensed to Dalton
Maag any or all of the components of the Font Software supplied
to the Licensee.
3
ìLicenseeî shall mean the individual, company, corporation, or
other organization subject to this End User Licence Agreement
due to their access or Use of Dalton Maag Font Software.
4
ìFont Softwareî shall mean the software provided by Dalton
Maag which, when used on an appropriate Device or Devices,
generates typeface and typographic designs and ornaments. Font
Software shall include all bitmap representations of typeface and
typographic designs and ornaments created by or derived from
the Font Software. Font Software includes upgrades, updates,
related files, permitted copies, permitted conversions, and related
documentation.
5
ìDeviceî shall mean a hardware, software, or firmware
component to which an individual is able to give commands
(whether by keyboard or otherwise), regardless of the locations of
the individual, the Device, or the Font Software.
6
ìUseî of the Font Software shall be deemed to occur when an
individual is able to give commands (whether by keyboard or
otherwise) to a Device on which the Font Software is installed,
regardless of the locations of the individual, the Device, or the
Font Software.
7
ìUserî shall mean an individual giving commands (whether by
keyboard or otherwise) to a Device on which the Font Software is
installed, regardless of the locations of the individual, the Device,
or the Font Software. Users do not need to be members of the
Licenseeís organization or household, and may be members of
the public.
8
ìLicensed Unitî shall mean the number of simultaneous Users
permitted by the Licence. If the Licensee intends that Devices
on which the Font Software is installed should be simultaneously
used by more Users than permitted by the Licensed Unit, the
Licensee should purchase an additional Licensed Unit of the
correct size to cover the shortfall.
9
ìDerivative Workî shall mean data based upon or derived from
the Font Software, or any portion of the Font Software, in any
form in which such data may be recast, transformed, or adapted,
including, but not limited to, data in any format into which Font
Software may be converted.
10 ìDigital Productî shall mean an electronic document or data
file created by Use of the Font Software which is offered for
distribution outside of the Licenseeís organization or household.
By way of illustration and not by way of limitation, an electronic
book, electronic magazine, or computer game shall all be
considered Digital Products. A separate OEM/ISV licence is
required to use Dalton Maag Font Software in Digital Products.
A document distributed in connection with a commercial
transaction in which the consideration is unrelated to such
document, for example, a business letter, a ticket for an event, an
invoice, or a receipt shall not be considered a Digital Product.
11 ìLicenseeís Websiteî shall mean the publicly or privately
accessible collection of linked webpages, and other files, under
the legal control of the Licensee.
12 ìWebsite Visitorî shall mean a unique individual who accesses
any webpage, file, or data hosted on or provided by the Licenseeís
Website.
13 The Licensee is hereby granted a non-exclusive, non-assignable,
non-transferable (except as expressly permitted in section 21)
licence to Use the Font Software subject to all of the terms and
conditions of the EULA. The Licensee has no rights to the Font
Software other than as expressly set forth in the EULA. The
Licensee agrees that Dalton Maag owns all right, title and interest
in and to the Font Software, its structure, organization, code,
and related files, including all property rights therein such as
copyright, design and trademark rights. The Licensee agrees that
the Font Software, its structure, organization, code, and related
files are valuable property of Dalton Maag and that any intentional
Use of the Font Software not expressly permitted by the EULA
constitutes infringement of copyright. All rights not expressly
granted in the EULA are expressly reserved to Dalton Maag.
The Licensee may not use the Font Software to electronically
distribute a Digital Product without a separate licence from
Dalton Maag authorizing the Licensee to do so.
14 The Licensee shall not install, access or Use the Font Software
until it has paid the applicable licence fee in full, or received an
invoice for the licence fee and that invoice has not yet reached
its due date, or been given written authorization to Use the Font
Software by Dalton Maag. The Licensee shall pay all applicable
invoices in full within 30 days of each invoiceís issue date. If
the Licensee fails to pay any invoice when it is due, then, in
addition to any other rights and remedies available, Dalton Maag
may charge the Licensee interest at a rate of 6% above Bank
of England base rate from the due date to the date on which
the Licensee pays in full including any interest and/or cancel
the Licence, or suspend the Licence and charge the Licensee
for all additional costs resulting from such suspension and any
subsequent resumption.
15 The Licensee may install the Font Software on any number of
Devices which are all under the ownership or exclusive control of
the Licensee, or of the Licenseeís direct employees. The Licensee
shall ensure that the number of simultaneous Users of Devices on
which the Font Software is installed does not exceed the Licensed
Unit. The Licensee must take all reasonable steps to ensure that
it retains exclusive custody and control over all copies of the
Font Software. The Licensee must not transfer the ownership of
Devices on which the Font Software is installed. Upon termination
of the EULA, the Licensee must destroy all copies of the Font
Software.
16 The Licensee may convert the Font Software to EOT format (or
other format which Dalton Maag may from time-to-time make it
known that it allows under specific terms) for installation on the
Licenseeís Website. Website Visitors are included in the Licensed
Unit at the equivalence of 1,000 (one thousand) Website Visitors
per day being equal to 1 (one) User of the Font Software. For
the purpose of Licensed Unit assessment, the Licensee may
disregard the Licenseeís Websiteís busiest day in a seven-day
period. Should the number of Website Visitors cause the number
of Users to exceed the Licensed Unit, the Licensee must
immediately purchase an additional Licensed Unit of the correct
size to cover the shortfall.
17 The Licensee may electronically distribute Font Software
embedded in a personal or business document (that is, a
document other than a ìDigital Productî as defined herein) only
when the Font Software embedded in such document is in a
static bitmap image or an embedded electronic document, and is
distributed in a secure format that permits only the viewing and
printing (and not the editing, altering, enhancing, or modifying) of
such static graphic image or embedded document. The Licensee
may not embed Font Software in an electronic document or data
file for any reason other than the Licenseeís own personal or
business Use.
18 The Licensee may not alter Font Software for the purpose of
adding any functionality which such Font Software did not have
when delivered to the Licensee by Dalton Maag. If the Font
Software contains embedding bits that limit the capabilities of
the Font Software, the Licensee may not change or alter the
embedding bits. Font Software may not be used to create or
distribute any electronic document in which the Font Software,
or any part thereof, is embedded in a format that permits editing,
alterations, enhancements, or modifications by the recipient
of such document. If the Licensee has reason to believe that a
recipient of an electronic document possesses the capability to
edit, alter, enhance, or modify such electronic document even
though the Licensee has distributed it in a format which does not
permit such editing, alteration, enhancement, or modification,
the Licensee shall not transmit such document to such a person.
19 The Licensee may take one (1) copy of the Font Software
used for a particular document, or Font Software embedded
in an electronic document, to a commercial printer or service
bureau solely for the purpose of printing such document. The
commercial printer or service bureau shall not be permitted to
Use the Font Software to make changes or amendments to the
document. The Licensee shall ensure that the commercial printer
or service bureau destroys all copies of the Font Software upon
final delivery of the printed document.
20 The Licensee acknowledges that the typeface design and Font
Software are protected by the copyright, design, and other
intellectual property laws of England and Wales, by the copyright
and design laws of other nations, and by international treaties.
The Licensee agrees to treat the Font Software as the Licensee
would any other copyrighted material, such as a book. The
Licensee may not copy the Font Software, except as expressly
provided herein. Any copies that the Licensee is expressly
permitted to make pursuant to the EULA must contain the same
copyright, trademark, and other proprietary notices that appear
on or in the Font Software. The Licensee shall not produce
Derivative Works of this Font Software except for document
embedding and permitted conversions as expressly set out in
this Agreement. The Licensee is permitted to reverse engineer
the Font Software in order to produce any compatible software
product, provided that such a product is not a Derivative Work
of the Font Software. The Licensee agrees to use trademarks
associated with the Font Software according to accepted
trademark practice, including identification of the trademark
ownerís name. Trademarks can only be used to identify printed
output produced by the Font Software. The use of any trademark
as herein authorized does not give the Licensee any rights of
ownership in that trademark and all use of any trademark shall
inure to the sole benefit of Dalton Maag. The Licensee may not
change any trademark or trade name designation for the Font
Software.
21 The Licensee may not rent, lease, sublicense, give, lend, or
further distribute the Font Software, or any copy thereof, except
as expressly provided herein. The Licensee may transfer all the
Licenseeís rights to use the Font Software to another person or
legal entity provided that the transferee accepts and agrees to
be bound by all the terms and conditions of the EULA and the
Licensee destroy all copies of the Font Software, including all
copies stored in the memory of a hardware device, and provided
the entirety of the Licensed Unit is transferred.
22 Dalton Maag makes no warranty, express or implied, that this
Font Software is suitable for any specific purpose. Dalton Maag
will provide the Licensee with basic technical support on the
correct installation and exploitation of the Font Software in
common software packages and operating systems. Once Font
Software has been downloaded online or security seals broken on
physical packaging, the software cannot be returned. Otherwise,
the Licensee has a right to cancel within fourteen (14) days of
completion of the contract of sale.
23 Dalton Maag, or its appointed auditor, is entitled to inspect
and have access to any premises, and to any Devices, owned
or operated by Licensee, at or on which this Font Software is
kept or Used, for the purposes of ensuring that the Licensee is
complying with the terms of this Licence. The Licenseeís business
information shall remain strictly confidential by Dalton Maag and
their auditor, who shall be granted access to all the necessary
documents to verify compliance with this and any other
agreement with Dalton Maag. The inspection shall take place
within the Licenseeís usual business hours and after reasonable
written notice. Dalton Maag shall bear the costs of the inspection.
However, if, in the course of the inspection, deviations to the
detriment of Dalton Maag are discovered, the Licensee shall bear
the costs of the audit.
24 This EULA will be governed by the laws of England and Wales.
For the purposes of the Sale of Goods Act 1979, Supply of Goods
and Services Act 1982, and the Consumer Protection (Distance
Selling) Regulations 2000, Font Software is classified as computer
software.
25 The EULA shall automatically terminate upon failure by the
Licensee (or any authorized person or member of the Licenseeís
immediate household to whom the Licensee has given
permission to Use the Font Software) to comply with its terms.
The termination of the EULA shall not preclude Dalton Maag from
suing the Licensee for damages of any breach of the EULA. The
EULA may only be modified in writing signed by an authorized
officer of Dalton Maag.
26 The Licensee has the rights expressly set forth in the EULA
and no other. All rights in and to the Font Software, including
unpublished rights, are reserved under the copyright laws of
England and Wales and other jurisdictions. All rights reserved. The
EULA may be enforced by Dalton Maag or by an authorized dealer
acting on behalf of Dalton Maag.
Version 1.2. For licences issued from 22 August 2010.

