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End User License Agreements (EULAs)

Richard Beatty License Agreements

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Notice to user: This is a contract. By opening this package you accept all the terms and conditions set forth below. If you do not wish to be bound by such terms and conditions, you must return this package, unopened, to RICHARD BEATTY DESIGNS or to the location where you obtained it. 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. RICHARD BEATTY DESIGNS 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 RICHARD BEATTY DESIGNS 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. RICHARD BEATTY DESIGNS 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 RICHARD BEATTY DESIGNS 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 RICHARD BEATTY DESIGNS and/or its suppliers, and its structure, organisation and code are the valuable trade secrets of RICHARD BEATTY DESIGNS 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 RICHARD BEATTY DESIGNS and/or its suppliers.

5. RICHARD BEATTY DESIGNS 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 RICHARD BEATTY DESIGNS's option, the replacement of the Software or the refund of the license fee you paid for the Software. RICHARD BEATTY DESIGNS 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 RICHARD BEATTY DESIGNS's or its suppliers breach of warranty. Except for the foregoing limited warranty, RICHARD BEATTY DESIGNS 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 RICHARD BEATTY DESIGNS or its suppliers be liable to you for any consequential, incidental or special damages, including any lost profits or lost savings, even if a RICHARD BEATTY DESIGNS 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 RICHARD BEATTY DESIGNS.

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 RICHARD BEATTY DESIGNS.

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.
End User Licence Agreement for Richard Beatty 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 Richard Beatty (hereinafter "Richard Beatty"), 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 Richard Beatty 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. Richard Beatty reserves the right to request written copies of your average Pageview reporting statistics.

2. Grant of Licence and Restrictions
2.1. Grant of Licence. Richard Beatty 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 Richard Beatty 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 Richard Beatty 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 Richard Beatty 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 Richard Beatty.


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 Richard Beatty. 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 Richard Beatty, 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 Richard Beatty) 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 Richard Beatty shall be limited to either, at Richard Beatty's option, the replacement of the Font Software or the refund of the licence fee You paid for the Font Software. Richard Beatty and its suppliers do not warrant the performance or results You may obtain by using the Font Software. Richard Beatty 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 Richard Beatty or its suppliers be liable to You for any consequential, incidental or special damages, including any lost profits or lost savings, even if a Richard Beatty 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
Richard Beatty 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 Richard Beatty.

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.