ITF END-USER LICENSE AGREEMENT (EULA) â€” PRINT/DESKTOP
IMPORTANT - PLEASE READ CAREFULLY: This end user License Agreement (hereinafter, "EULA," "license," "agreement" or "license agreement") is a legal agreement between you and Indian Type Foundry LLP (â€œITFâ€) for the product, designs and software that accompany this Agreement, and is also applicable to any media, printed materials, electronic documentation, updates add-ons, web services and any other material that may be associated with the product now or in the future. BY PLACING AN ORDER FOR AND ACCEPTING ITF FONT SOFTWARE (ELECTRONIC DATA), OR BY DOWNLOADING THE SOFTWARE AND CLICKING THE â€œI ACCEPTâ€ BUTTON (OR SIMILAR ONLINE ACCEPTANCE MECHANISM) ACCOMPANYING THIS LICENSE, LICENSEE ACKNOWLEDGES THAT IT HAS READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTANDS THEM, AND AGREES TO BE BOUND BY THEM. IF LICENSEE DOES NOT AGREE TO THESE TERMS AND CONDITIONS, LICENSEE MUST PROMPTLY CEASE DOWNLOAD OR DELIVERY OR USE OF THE LICENSED PRODUCT AND RETURN THE LICENSED PRODUCT AND ALL ACCOMPANYING ITEMS, IF ANY, TO ITF OR ITS RESELLER FOR A FULL REFUND OF THE LICENSE FEE WHICH LICENSEE PAID FOR THE LICENSED PRODUCT, AND LICENSEE MUST IMMEDIATELY DELETE ANY PORTION OF THE FONT SOFTWARE INSTALLED ON LICENSEEâ€™S COMPUTER(S). If you do not agree to the
terms of this agreement, do not purchase this License, download, install, access or use the Font Software.
Grant of License. Upon payment in full, ITF grants you a non-exclusive, terminable License to use the Font Software ("Font[s]") and the designs embodied therein together with any accompanying documentation, each in accordance with the terms and conditions of this license. This license allows use of the Font Software for a single (1) user/device. Use of the Font Software on a portable computer is permitted provided that the portable computer is owned by the Licensed User and is not used in excess of the Users licensed under this Agreement. If at any time your use of the Font Software exceeds that permitted in the applicable license, you agree to and purchase the appropriate license from ITF.
Multi User License. When you order fonts through www.indiantypefoundry.com, you are able to purchase any needed Multi-User License(s) at the same time.
One Back-up. You are permitted to make one (1) back-up copy of the Font Software for archival purposes only. Unauthorized sharing, lending, renting, sale, or the unauthorized use or misuse of the original Font Software and/or the back-up copy is a material breach of this license and will result in immediate Termination of this License. You are not permitted to alter the Font Software in any manner whatsoever. You are not permitted, by way of example not limitation, to decompile, reverse engineer, disassemble, modify, alter or change the Font Software or any associated embedding bits.
Exclusive Ownership. ITF and/or the respective owner of the Font Software retain all right and title to their respective software, trademarks, copyrights and the designs embodied in the Font Software. You agree not to copy the Font Software or create derivative works based upon the Font Software and/or the design of the Font embodied in the Font Software. You hereby agree that this term is contractual in nature and that the unauthorized use of the design of the Font and the Font Software shall be an infringement of ITFâ€™s or the ownerâ€™s rights, causing irreparable harm. You further agree that such damages cannot be readily estimated, are irreparable and that ITF or the owner of the respective fonts shall be entitled, without the obligation of a bond, to seek a temporary or permanent restraining order to prevent harm. ITFâ€™s or the ownerâ€™s rights shall be cumulative in nature.
Limited Distribution. You are permitted to make a temporary copy of the Font Software for use by a commercial printer or service bureau solely for use in the production of your own materials. Copying and distribution to commercial printers or service bureaus is limited to those who state that
they are licensed to use the Font Software. You are further permitted to include a temporary copy the Font Software with a document solely for the purposes of your facilitating your personal printing and/or viewing of the document.
Third Parties. If you are a design consultancy, advertising agency, or purchasing this license for use by or on behalf of such an entity, the ultimate end user must purchase a License appropriate for their intended uses. Specifically, if your client will use copies of the Font Software, your client must also purchase the required license. The license granted herein does not extend to uses by temporary employees, freelancers or independent contractors using the Font Software in professional environments or for other professional uses in excess of the number licensed users. Specifically, you may not make copies greater than those authorized under this license for temporary use by freelance users, temporary employees or independent contractors.
Limitations. Use of ITF Font Software in any of the following circumstances, among others, without limitation, is NOT permitted without first obtaining the appropriate special licensing:
ALPHABET OR LETTERFORM-RELATED PRODUCTS
FOR RESALE OR LETTERFORM CREATION PRODUCTS OR DEVICES;
EMBEDDING IN ELECTRONIC DEVICES; ELECTRONIC BOOKS, ALL GAMING USES AND/OR DEVICES.
EMBEDDING IN SOFTWARE.
STORING, CACHING, SERVING OR OTHERWISE PROVIDING ACCESS TO THE FONT SOFTWARE TO THIRD PARTIES VIA THE INTERNET FOR USE OR DISPLAY ON THE INTERNET, IRRESEPCTIVE OF THE FORMAT OR TECHNOLOGY USED.
USE IN FILM, FLASH-TYPE ANIMATIONS, TELEVISION OR BROADCAST VIA CABLE TELEVISION OR ON THE INTERNET.
USE OF â€œDINGBATS,â€ OR IMAGES IN OR FORMING A PART OF THE FONT SOFTWARE USED AS AN ELEMENT IN OR PART OF A LOGO OR TRADEMARK OR USE OF THE SAME ON GOODS FOR SALE.
USE OF ANY ILLUSTRATIONS EMBODIED IN THE FONT SOFTWARE ON PRODUCTS FOR RESALE WITH THE PURCHASE OF A SPECIAL LICENSE.
INSTALLATION OF THE FONT SOFTWARE ON A SERVER FOR SERVING TO USERS.
Special Upgrades. All usage requires a Special Font License upgrade for the following uses: Installation on Servers, Web Servers, Web to Print technologies, Webfonts, Applications (Apps), editable PDFs, PDF editing software (such as uPDF), PowerPoint, Flash, Silverlight or other non- static files or situations where the Font software is embedded or subset into electronic documents that permit editing, selecting, enhancing or other modification of the text in the document. A Special License is required for ePublishing, ePub, eBooks, conversion to Web Font format, use in Apps, use in mobile devices, incorporating the Font software into your hardware unless licensed under this agreement, software or any other products, automotive displays, scrapbook products or software, adhesive or rub on lettering, embroidery machines, plotters, printers, application software for broadcast graphics, such as Avid, Chyron, Harris, Vizrt, commercial merchandising and goods for sale, (such as clothing apparel and accessories) and physical goods for sale. Using ITF software without the appropriate license is expressly prohibited. All Special Font Licensing is issued and administered directly from ITF. If you require further information or have any questions regarding Special Font Licensing, you must contact ITF directly by email at [email protected]
Software Modification. You may not modify the Font Software for any purpose whatsoever. You agree not to copy the Font Software or create derivative works based upon the Font Software and/or the design of the Font embodied in the Font Software. Except as may be otherwise permitted by the law of your country, you may not decompile, reverse engineer, disassemble, modify, alter or change the software or any associated embedding bits. If You are located in a European Community country or any other country which provides rights substantially similar to the rights regarding the interoperability of software, You may reverse engineer or decompile the Font Software only to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purpose and only to the extent that sufficient information is not provided in a timely manner free of charge by ITF upon written request).
PDF Embedding. PDF and Other Forms of Embedding or Internet transmission is restricted. You are permitted to embed the Font Software in Adobe Acrobat (PDF) documents, solely for the purposes of presenting information and designs to others or for sending designs to a service bureau or printer for output or other preparation for production. You agree and understand that the Font software shall be SUBSET when embedded and the PDF document shall be set as NON- EDITABLE. If you are not sure how to subset and create non-editable PDFs, contact Adobe or ITF. Use of Font Software in PDF documents for sale or products utilizing other forms of embedding of the Font Software for sale (for example as part of a commercial product such as a design template or an electronic book) requires the purchase of a special license. You are permitted to use the Fonts to make GIF, JPEG, and PNG pixel-based images for use on the Internet provided that the image creation is not automated, the images are made personally by a licensed user, and that no embedding or other transmission of the Font Software is made possible.
Transfer of License. You are permitted to transfer this License if the transferee agrees to the terms of this license and you destroy all copies of the Font software under your possession and control.
Warranties. If the media or the Font software contained in this ITF product is found to be defective within 90 days of the date of delivery to the Licensee, ITF will provide suitable replacements at no charge to the Licensee, provided the Licensee can provide proof of purchase. The entire risk of performance and quality of this product is with the Licensee. ITF does not warrant that this product will operate with all other software products, or that it will satisfy your requirements. ITF's entire liability to the Licensee will not extend beyond replacement of defective media or refund of the purchase price. You expressly acknowledge and agree that use of the Font Software is at your sole risk. The Font Software and related documentation are provided "AS IS" and, except as noted herein, is without warranty of any kind and ITF and its affiliated companies (together, "ITF") hereby EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ITF DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE FAIL-SAFE OPERATION MAY BE REQUIRED. THE FONT SOFTWARE MAY NOT BE USED IN MANUFACTURING, NAVIGATION, AND CONTROL EQUIPMENT OR IN ANY OTHER CIRCUMSTANCES WHERE THE USE OR FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. UNDER NO CIRCUMSTANCES SHALL ITF BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. ITF's sole liability to you shall in no event exceed the refunding of the cost of the Font software or replacement of the Font Software, either at ITFâ€™s sole discretion.
Other Law. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, implied warranties or implied warranties. ANY IMPLIED WARRANTY OR CONDITION CREATED BY LAW IS ONLY EFFECTIVE FOR THE THIRTY-DAY (30-DAY) WARRANTY PERIOD. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE THIRTY-DAY (30-DAY) WARRANTY PERIOD. The exclusions noted above may not apply to you. Otherwise, and to the extent permissible by law, you agree that all implied warranties are not effective for more than thirty (30) days.
Termination. This License Agreement is effective as of the Date of full payment for the License. This License Agreement may be terminated by you at any time by destroying the Font Software together with any printed material and any copies of the Font Software. This agreement will terminate automatically without notice from ITF, if the Licensee fails to comply with any provision contained herein. Upon termination of this Agreement, the Licensee must: (a) destroy all copies of the electronic data, including the copy on the disk media originally provided in this product, (b) destroy all written materials provided with this product, if any, and (c) provide ITF with written verification that the product has been destroyed.
Governing Law. This agreement represents the entire agreement between the ITF and Licensee. This agreement supersedes any other Standard License Agreement which may have been included with the Font Software or previously displayed on the ITF or its Authorised Distributorsâ€™ web sites. This agreement may only be modified by ITF in writing that expressly states that such writing is intended to modify this agreement. This License Agreement is governed by the laws of India. If you have any questions concerning this Agreement or any matters regarding our products, please email: [email protected]
Compliance with Law and Export Restrictions. You agree be responsible for compliance with all laws and regulations, foreign and domestic, relating to the control of exports or the transfer of technology as they relate to your receipt and use of the font Software.
Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by ITF with a provision that most closely affects the intent of the invalid provision.
Waiver. Waiver of any right(s) at any time shall not constitute an ongoing or permanent waiver of any right(s).
Entire Agreement. This agreement constitutes the entire understanding between the parties and supersedes all previous agreements, promises, representations and negotiations between the parties.
Headings. The captions of the sections of this License Agreement are for convenience only and shall not control or affect the meaning or construction of any of the terms or provisions of this Agreement.