End User License Agreements (EULAs)
profonts License Agreements
Preamble
This license agreement for Font Software becomes a legally binding contract between the
licensee and profonts when the licensee agrees to the Terms of Condition in an electronic
delivery method or purchases the Font Software on a sotrage medium and opens the
packaging containing the fonts.
If the licensee refuses to accept a contractual obligation through this license agreement, he is
not permitted to access, use or download the Font Software. The licensee should thoroughly
and carefully read through the complete license agreement before agreeing to the conditions
specified here.
The Font Software underlying this agreement is the intellectual property of the profonts
and/or its licencors. It contains profonts Font Software with digital, machine-readable,
scalable font software data, and is supplied to you by profonts for usage only, however not
sold. Usage of the profonts Font Software is ruled by this license agreement.
1. Use of profonts Software.
Upon full payment of the agreed-upon license fee, you are granted:
1.1 A non-exclusive, single user right to use the profonts Font Software on up to five
computers at one single geographical location stipulated by the licensee. If the profonts
Font Software will be installed on more than five hard disks and will be used by several
systems, an additional license must be acquired for each additional system from profonts
(see Multiuser form in exhibit 1). profonts does not guarantee that the profonts Font
Software will work adequately in an environment with many systems. profonts reserves all
rights not expressly granted to you under this license Agreement. The profonts Font
Software is solely for use in your own business or for your own personal use, and it
remains profonts's ownership at all times.
1.2 The right to make additional backup copies of the profonts Font Software for the
exclusive purpose of data backup.
1.3 One additional usage (installation) on a personal home or portable computer if the
profonts Font Software is intended to be used for commercial purposes.
1.4 For the exlusive purpose of outputting certain files, the licensee is permitted to transfer
a copy of the profonts Font Software which is used for creating the pertinent file to a
commercial printer or another service company. In the event of any text modification, the
service company is required to posssess its own license. The licensee has to inform the
commercial printer/service company about the content of this license agreement.
2. Proprietary Rights and Obligations
The profonts Software is the valuable property of profonts. You will not make or have
made, or permit to be made, any copies of the profonts Software, documentation, or any
portions thereof, except such copies as are necessary for the installation of the profonts
Software in accordance with the terms of this Agreement. Any such copies of the profonts
Software shall contain the same propriety notice which appears on or in the profonts Font
Software.
3. Assignment.
Assigning the license to a third party is essentially not permitted. By way of exception, the
licensee is authorized to transfer the usage rights and license to a third party only upon
compliance with all of the following conditions:
The third party has expressly declared to the licensee to strictly and unrestrictedly submit
and adhere to the conditions of this license agreement for profonts Font Software (see
exhibited 2). In the event of transfer of the license to a third party, the licensee agrees and
is obligated to refrain from further usage of the profonts Font Software, and, regardless of
where it is located, agrees and is obligated to delete said software and is not permitted to
retain any copies, in whole or in part, of such.
4. Font Embedding
Embedding of the profonts Font Software into electronic documents of Internet pages is
only permitted under the absolute assurance that the recipient cannot use the profonts Font
Software to edit or create a new document (read-only). It must be ensured that the
FontSoftware cannot be fully or partially extracted from said documents.
The licensee may electronically distribute profonts Font Software embedded in a »Personal
or Business Use« document only when the profonts Font Software embedded in such
document is in a static graphic image (for example a »gif« or »jpg«) 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 profonts Font Software in a Commercial Product wihtout a
separate written license from Profonts, and the licensee may not embed profonts Font
Software in an electronic document or data file for any reason other than his own Personal
or Internal Business Use.
If the licensee intends to edit or modify a document containing the embedded profonts
Font Software, a request must be made to Profonts. Profonts will then conclude an
expansion/embedding license agreement for said purpose. This expansion/embedding
license agreement is subject to an additional fee (see exhibit 3).
5. Exclusion of Other Usage
Subject to the provisions 1.4 and 3 of this agreement, selling, lending or otherwise
transferring the profonts Font Software to a third party or parties is strictly prohibited. In
addition, transferring the profonts Font Software as a component or sub-component of
other products, e.g. electronic documents or sublicenses, to a third party or parties is also
strictly prohibited.
Furthermore, licensee agrees not to modify, adapt, translate, rent, lease, resell, distribute,
produce, reverse engineer, decompile, disassemble, redigitize or create derivative works or
typefaces based on the profonts Font Software or the typefaces created electronically or in
hard copy form as a result of the use of the profonts Font Software.
Specifically, it is prohibited to change or modify the Font/Trademark names used as
identifying tags in the profonts Font Software in any form or manner. If such changes or
modifications become necessary, prior written consent has to be obtained from
PROFONTS.
6. No Other Rights
profonts retains title and ownership of the profonts Font Software and all subsequent
copies of the profonts Font Software, regardless of the form or media in or on which the
original and other copies may exist. Except as stated above, this Agreement does not grant
you any rights to trademark or any other intellectual property rights in the profonts Font
Software or in any typeface design. In the event your use of this software is found to
infringe on the intellectual property rights of any third party, in any jurisdiction, you will
crease use of such software in such jurisdiction or you will secure any and all additional
rights necessary for such use in such jurisdiction.
7. Term
The license is effective until terminated. profonts has the right to terminate your license
immediately if you fail to comply with any term of this Agreement. In addition, profonts
reserves the right to claim punitive damages. Upon such termination you will destroy the
original and any copies of the profonts Software and related documentation and cease all
use of the trademarks.
8. Limited Warranty
profonts warrants that the profonts Software delivered to you to be free of defects in
workmanship and manufacture for a period of ninety (90) days from the date of delivery to
you as evidenced by a copy of your receipt. profonts`s entire liability and your exclusive
remedy as to such physical media shall be replaced if the physical media that does not
meet profonts`s Limited Warranty is returned to profonts with a copy of the receipt. If
failure of any physical media has resulted from accident, abuse, or misapplication, profonts
shall have no responsibility to replace the physical media. Any replacement of physical
media will be warranted for the remainder of the original warranty period or thirty (30)
days, whichever is longer.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE profonts SOFTWARE AND
DOCUMENTATION ARE PROVIDED „AS IS" . profonts DOES NOT AND CANNOT
WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING
THE profonts SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE
SOLE AND EXCLUSIVE REMEDIES FOR profonts's BREACH OF WARRANTY.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, profonts MAKES NO
WARRANTIES EXPRESSED OR IMPLIED AS TO NON - INFRINGEMENT OF
THIRD PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. profonts
DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTYICULAR PURPOSE.
9. Limit of Liability
In no event will profonts be liable to you for consequential or incidential damage
(including damage from loss of business profits or savings, business interruption, loss of
business information, and the like) or for claim by any party arising out of the use of or
inabilitiy to use the profonts Software, even if profonts has been advised of the possibility
of such damage.
10.Indemnifiction. You agree to indemnify and hold profonts and profonts` s suppliers
harmless from and against any claims or damage which may result from your breach of
this License Agreement.
11.Governing Law. This Agreement will be governed by the laws in force in the Federal
Republic of Germany.
profonts
Schleikamp 4
D-22851 Norderstedt
Tel. +49 (40) 5241715
Fax +49 (40) 5241755
http:www//profonts.de
info@profonts.de
This license agreement for Font Software becomes a legally binding contract between the
licensee and profonts when the licensee agrees to the Terms of Condition in an electronic
delivery method or purchases the Font Software on a sotrage medium and opens the
packaging containing the fonts.
If the licensee refuses to accept a contractual obligation through this license agreement, he is
not permitted to access, use or download the Font Software. The licensee should thoroughly
and carefully read through the complete license agreement before agreeing to the conditions
specified here.
The Font Software underlying this agreement is the intellectual property of the profonts
and/or its licencors. It contains profonts Font Software with digital, machine-readable,
scalable font software data, and is supplied to you by profonts for usage only, however not
sold. Usage of the profonts Font Software is ruled by this license agreement.
1. Use of profonts Software.
Upon full payment of the agreed-upon license fee, you are granted:
1.1 A non-exclusive, single user right to use the profonts Font Software on up to five
computers at one single geographical location stipulated by the licensee. If the profonts
Font Software will be installed on more than five hard disks and will be used by several
systems, an additional license must be acquired for each additional system from profonts
(see Multiuser form in exhibit 1). profonts does not guarantee that the profonts Font
Software will work adequately in an environment with many systems. profonts reserves all
rights not expressly granted to you under this license Agreement. The profonts Font
Software is solely for use in your own business or for your own personal use, and it
remains profonts's ownership at all times.
1.2 The right to make additional backup copies of the profonts Font Software for the
exclusive purpose of data backup.
1.3 One additional usage (installation) on a personal home or portable computer if the
profonts Font Software is intended to be used for commercial purposes.
1.4 For the exlusive purpose of outputting certain files, the licensee is permitted to transfer
a copy of the profonts Font Software which is used for creating the pertinent file to a
commercial printer or another service company. In the event of any text modification, the
service company is required to posssess its own license. The licensee has to inform the
commercial printer/service company about the content of this license agreement.
2. Proprietary Rights and Obligations
The profonts Software is the valuable property of profonts. You will not make or have
made, or permit to be made, any copies of the profonts Software, documentation, or any
portions thereof, except such copies as are necessary for the installation of the profonts
Software in accordance with the terms of this Agreement. Any such copies of the profonts
Software shall contain the same propriety notice which appears on or in the profonts Font
Software.
3. Assignment.
Assigning the license to a third party is essentially not permitted. By way of exception, the
licensee is authorized to transfer the usage rights and license to a third party only upon
compliance with all of the following conditions:
The third party has expressly declared to the licensee to strictly and unrestrictedly submit
and adhere to the conditions of this license agreement for profonts Font Software (see
exhibited 2). In the event of transfer of the license to a third party, the licensee agrees and
is obligated to refrain from further usage of the profonts Font Software, and, regardless of
where it is located, agrees and is obligated to delete said software and is not permitted to
retain any copies, in whole or in part, of such.
4. Font Embedding
Embedding of the profonts Font Software into electronic documents of Internet pages is
only permitted under the absolute assurance that the recipient cannot use the profonts Font
Software to edit or create a new document (read-only). It must be ensured that the
FontSoftware cannot be fully or partially extracted from said documents.
The licensee may electronically distribute profonts Font Software embedded in a »Personal
or Business Use« document only when the profonts Font Software embedded in such
document is in a static graphic image (for example a »gif« or »jpg«) 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 profonts Font Software in a Commercial Product wihtout a
separate written license from Profonts, and the licensee may not embed profonts Font
Software in an electronic document or data file for any reason other than his own Personal
or Internal Business Use.
If the licensee intends to edit or modify a document containing the embedded profonts
Font Software, a request must be made to Profonts. Profonts will then conclude an
expansion/embedding license agreement for said purpose. This expansion/embedding
license agreement is subject to an additional fee (see exhibit 3).
5. Exclusion of Other Usage
Subject to the provisions 1.4 and 3 of this agreement, selling, lending or otherwise
transferring the profonts Font Software to a third party or parties is strictly prohibited. In
addition, transferring the profonts Font Software as a component or sub-component of
other products, e.g. electronic documents or sublicenses, to a third party or parties is also
strictly prohibited.
Furthermore, licensee agrees not to modify, adapt, translate, rent, lease, resell, distribute,
produce, reverse engineer, decompile, disassemble, redigitize or create derivative works or
typefaces based on the profonts Font Software or the typefaces created electronically or in
hard copy form as a result of the use of the profonts Font Software.
Specifically, it is prohibited to change or modify the Font/Trademark names used as
identifying tags in the profonts Font Software in any form or manner. If such changes or
modifications become necessary, prior written consent has to be obtained from
PROFONTS.
6. No Other Rights
profonts retains title and ownership of the profonts Font Software and all subsequent
copies of the profonts Font Software, regardless of the form or media in or on which the
original and other copies may exist. Except as stated above, this Agreement does not grant
you any rights to trademark or any other intellectual property rights in the profonts Font
Software or in any typeface design. In the event your use of this software is found to
infringe on the intellectual property rights of any third party, in any jurisdiction, you will
crease use of such software in such jurisdiction or you will secure any and all additional
rights necessary for such use in such jurisdiction.
7. Term
The license is effective until terminated. profonts has the right to terminate your license
immediately if you fail to comply with any term of this Agreement. In addition, profonts
reserves the right to claim punitive damages. Upon such termination you will destroy the
original and any copies of the profonts Software and related documentation and cease all
use of the trademarks.
8. Limited Warranty
profonts warrants that the profonts Software delivered to you to be free of defects in
workmanship and manufacture for a period of ninety (90) days from the date of delivery to
you as evidenced by a copy of your receipt. profonts`s entire liability and your exclusive
remedy as to such physical media shall be replaced if the physical media that does not
meet profonts`s Limited Warranty is returned to profonts with a copy of the receipt. If
failure of any physical media has resulted from accident, abuse, or misapplication, profonts
shall have no responsibility to replace the physical media. Any replacement of physical
media will be warranted for the remainder of the original warranty period or thirty (30)
days, whichever is longer.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE profonts SOFTWARE AND
DOCUMENTATION ARE PROVIDED „AS IS" . profonts DOES NOT AND CANNOT
WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING
THE profonts SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE
SOLE AND EXCLUSIVE REMEDIES FOR profonts's BREACH OF WARRANTY.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, profonts MAKES NO
WARRANTIES EXPRESSED OR IMPLIED AS TO NON - INFRINGEMENT OF
THIRD PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. profonts
DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTYICULAR PURPOSE.
9. Limit of Liability
In no event will profonts be liable to you for consequential or incidential damage
(including damage from loss of business profits or savings, business interruption, loss of
business information, and the like) or for claim by any party arising out of the use of or
inabilitiy to use the profonts Software, even if profonts has been advised of the possibility
of such damage.
10.Indemnifiction. You agree to indemnify and hold profonts and profonts` s suppliers
harmless from and against any claims or damage which may result from your breach of
this License Agreement.
11.Governing Law. This Agreement will be governed by the laws in force in the Federal
Republic of Germany.
profonts
Schleikamp 4
D-22851 Norderstedt
Tel. +49 (40) 5241715
Fax +49 (40) 5241755
http:www//profonts.de
info@profonts.de
End User Licence Agreement for profonts Webfonts (WOFF/EOT)
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 Electric Typographer (hereinafter "Electric Typographer"), 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 Electric Typographer 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. Electric Typographer reserves the right to request written copies of your average Pageview reporting statistics.
2. Grant of Licence and Restrictions
2.1. Grant of Licence. Electric Typographer 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 Electric Typographer 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 Electric Typographer 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 Electric Typographer 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 Electric Typographer.
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 Electric Typographer. 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 Electric Typographer, 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 Electric Typographer) 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 Electric Typographer shall be limited to either, at Electric Typographer's option, the replacement of the Font Software or the refund of the licence fee You paid for the Font Software. Electric Typographer and its suppliers do not warrant the performance or results You may obtain by using the Font Software. Electric Typographer 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 Electric Typographer or its suppliers be liable to You for any consequential, incidental or special damages, including any lost profits or lost savings, even if a Electric Typographer 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
Electric Typographer 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 Electric Typographer.
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.
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 Electric Typographer (hereinafter "Electric Typographer"), 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 Electric Typographer 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. Electric Typographer reserves the right to request written copies of your average Pageview reporting statistics.
2. Grant of Licence and Restrictions
2.1. Grant of Licence. Electric Typographer 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 Electric Typographer 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 Electric Typographer 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 Electric Typographer 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 Electric Typographer.
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 Electric Typographer. 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 Electric Typographer, 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 Electric Typographer) 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 Electric Typographer shall be limited to either, at Electric Typographer's option, the replacement of the Font Software or the refund of the licence fee You paid for the Font Software. Electric Typographer and its suppliers do not warrant the performance or results You may obtain by using the Font Software. Electric Typographer 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 Electric Typographer or its suppliers be liable to You for any consequential, incidental or special damages, including any lost profits or lost savings, even if a Electric Typographer 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
Electric Typographer 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 Electric Typographer.
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.