FSI End User License

End User License Agreement for FontFont Typefaces.

This end user License Agreement (hereinafter "Agreement") is a legal agreement between you, or, if you represent a legal entity, that legal entity (hereinafter "you") and FSI FontShop International GmbH (hereinafter "FSI"), 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 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 a License to use the 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 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 an installation of the Font Software that allows up to five (5) concurrent users to use it at a single geographic location. A single geographic location is in particular the site of your place of business. The geographic restriction does not apply to portable computers if they are owned by you. "Commercial Product" means a product (e. g. electronic document, soft- or hardware) which is distributed to third parties with the intention of ( i) obtaining a financial or other consideration and/or (ii) increasing awareness of one’s own company or institution, products, and services in order to gain more business.

2. Grant of License

2.1. FSI grants you a non-exclusive license 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 number of users who use the Font Software exceeds those set forth in the definition of Licensed Unit above, then you must request from FSI or its authorized Distributors an appropriate license covering all users. An additional fee will be charged for this license extension.

2.2. You may make back-up copies of the Font Software for archival purposes only, provided that you retain exclusive custody and control over such copies.

2.3. You may take a digitized copy of the Font Software used in a particular document to a commercial printer or service bureau for outputting this particular document (this document must not be edited by the printer or service bureau). In the event of any modifications to the document or use of the Font Software for other purposes, the printer or service bureau must purchase its own Font Software licenses.

2.4. You may embed the Font Software in documents either as a rasterized representation of the Font Software (e.g., a GIF or JPEG) or as a subset of the Font Software as long as (i) the document is distributed in a secure format that permits only the viewing and printing but not the editing of the document and (ii) the document itself is not a Commercial Product. You need an additional license from FSI or its Distributors for (i) distribution of editable documents or (ii) embedding the Font Software in a Commercial Product.

2.5. Except as granted in 2.2. to 2.4., you may not copy the Font Software or allow third parties to copy the Font Software. Any copy of the Font Software must contain the same copyright, trademark, and other proprietary information as the originals.

2.6. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or attempt to discover the source code of the Font Software. If you want to make modifications to the Font Software, you must obtain the prior written consent of FSI.

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 FSI, except as expressly provided in 2.1. You do not gain the ownership of the Font Software under this Agreement. The structure, organization, and the code of the Font Software are trade secrets of FSI, and you agree to treat them as such.

4. Transfer of License

Except as expressly provided herein, you may not give, rent or lease the Font Software or parts of it to third parties. You may transfer all your rights to use the Font Software and Documentation to another person or legal entity provided that (i) the transferee accepts and agrees in writing to be bound by all the terms and conditions of this Agreement, and (ii) you destroy all copies of the Font 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 Font Software through any online service.

5. Warranties

FSI warrants to you that the Font Software will perform substantially in accordance with the Documentation for the ninety (90) day period following your receipt of the Font Software. To make a warranty claim, you must return the Font 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 Font Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at FSI’s option, the replacement of the Font Software or the refund of the license fee you paid for the Font Software. FSI and its suppliers do not and cannot warrant the performance or results you may obtain by using the Font Software or Documentation. The foregoing states the sole and exclusive remedies for FSI’s or its suppliers’ breach of warranty. Except for the foregoing limited warranty, FSI 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 FSI or its suppliers be liable to you for any consequential, incidental or special damages, including any lost profits or lost savings, even if a FSI 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. Governing Law

This Agreement will be governed by the laws of Germany. 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. 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. This Agreement may only be modified in writing signed by an authorized officer of FSI.

7. Termination

FSI 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 Font Software and Documentation.

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. FSI FontShop International GmbH, Bergmannstr. 102, 10961 Berlin, Germany

End User License for FontFont Webfonts

FSI End-User License Agreement for Webfonts

Notice to user: This is a contract. By downloading this package 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. FSI 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 FSI or your FontFont 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. FSI 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 use the Font Software in documents for the purpose of printing or viewing such documents and you may use the Font Software in documents for designing your Internet websites. The Font Software, however, must not be offered for download for visitors of these websites.

3. You agree that the Software, and all copies thereof, are owned by FSI and/or its suppliers, and its structure, organisation and code are the valuable trade secrets of FSI 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 FSI and/or its suppliers.

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

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 validity 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 FSI.

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.

FontFont is a registered trademark of FSI. Macintosh is a registered trademark of Apple Computer, Inc. Windows is a trademark of Microsoft Corporation.

FSI FontShop International, Bergmannstr. 102, 10961 Berlin, Germany
FSI FontShop International USA, 60 Tehama Street, San Francisco CA 94105, USA