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End User License Agreement (EULA)

Device Fonts License Agreement for Klaxon One Outline OT

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End User License Agreement

Notice to user: This is a contract. By downloading and installing this software you accept all the terms and conditions set forth below.

This package contains software ("Software") and related documentation ("Documentation"). As used herein, "Licensed Unit" means up to five (5) computers at a single geographic location. As used herein, "Font Software" means coded and encrypted Software that generates typeface designs when used with the appropriate hardware and software.

DEVICE FONTS grants you a non-exclusive license to use the Software and Documentation, provided that you agree to the following:

1. You may install and use Font Software in a Licensed Unit for the purpose of reproducing typeface designs. If the number of computers with which you want to use Font Software exceeds those set forth in the definition of Licensed Unit above, then you must notify DEVICE FONTS or your distributor and request an appropriate site license covering all units in which Font Software will be used or stored and for which an additonal fee will be charged. You may make one back-up copy of Font Software for archival purposes only, and you shall retain exclusive custody and control over such copy. The license granted herein is effective until terminated. DEVICE FONTS has the right to terminate your license immediately if you fail to comply with any term of this Agreement. Upon termination, you must destroy the original and any copies of the Software and Documentation.

2. You may take a digitized copy of the Font Software used for a particular document to a commercial printer or service bureau for use by the printer or service bureau in printing such document but only if the printer or service bureau represents to you that it has purchased or been granted a license to use that particular Font Software. You may include the Font Software in a document for the sole purpose of printing or viewing such document, but you may not distribute the document with the Font Software included to third parties, eg. on Internet, CD-ROM. If you intend to use the Font Software in such cases you must request and receive from DEVICE FONTS or your local distributor a special License Agreement for which an additional fee will be charged.

3. You agree that the Software, and all copies thereof, are owned by DEVICE FONTS and/or its suppliers, and its structure, organisation and code are the valuable trade secrets of DEVICE FONTS and/or its suppliers. You acknowledge that the Software is protected by the United States Copyright Law, by the copyright and design laws of other nations, and by international treaties. You agree to treat the Software as you would any other copyrighted material, such as a book. You may not copy the Software or Documentation, except as expressly provided herein. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or otherwise attempt to discover the source code of the Software. You agree to use trademarks associated with the Software according to accepted trademark practice, including identification of the trademark owner's name. Trademarks can only be used to identify printed output produced by the Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit of the trademark owner. Except as expressly provided herein, this Agreement does not grant you any right to intellectual property rights in the Software and its associated trademarks. You do have the right to modify and alter Font Software for your customary personal and business use, but not for resale or further distribution.

4. You may not rent, lease, sublicense, give, lend, or further distribute the Software or Documentation, or any copy thereof, except as expressly provided herein. You may transfer all your rights to use the Software and Documentation to another person or legal entity provided that (i) the transferee accepts and agrees to be bound by all the terms and conditions of this Agreement, and (ii) you destroy all copies of the Software and Documentation, including all copies stored in the memory of a hardware device. Without limiting the generality of the foregoing, you agree that you will not distribute or disseminate all or any part of the Software through any on-line service and you further agree that any such intentional distribution shall constitute a theft by you of a valuable property of DEVICE FONTS and/or its suppliers.

5. DEVICE FONTS warrants to you that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following your receipt of the Software. To make a warranty claim, you must return the Software to the location from which you obtained it along with a copy of your sales receipt within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documention, the entire and exclusive liability and remedy shall be limited to either, at DEVICE FONTS's option, the replacement of the Software or the refund of the license fee you paid for the Software. DEVICE FONTS and its suppliers do not and cannot warrant the performance or results you may obtain by using the software or documentation. The foregoing states the sole and exclusive remedies for DEVICE FONTS's or its suppliers breach of warranty. Except for the foregoing limited warranty, DEVICE FONTS 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 DEVICE FONTS or its suppliers be liable to you for any consequential, incidental or special damages, including any lost profits or lost savings, even if a DEVICE FONTS representative has been advised of the possibility of such damages, or for any claim by any third party. Some states of jurisdictions do not allow the exclusions or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warrenty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. For further warranty information, please contact DEVICE FONTS.

6. You agree that this Agreement will be governed by the laws of Germany applicable to contracts wholly performable within such state. 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 vailidity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the 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 applicable export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of DEVICE FONTS.

7. If this product is acquired under the terms of a (i) GSA contract - use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract, (ii) Dod contract - use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraph (c) (1) (ii) of 252.277-7013; (iii) Civilian agency contract - use, reproduction, or disclosure is subject to 52.277-19 (a) through (d) and restrictions set forth in the accompanying End User Agreement.