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International TypeFounders, Inc. Desktop Fonts End User License Agreement for Prime Graphics





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(ITF) Prime Graphics Collection — Standard License Agreement
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ACKNOWLEDGEMENT. 
IMPORTANT NOTICE: INTERNATIONAL TYPEFOUNDERS (ITF) IS WILLING TO LICENSE
THE LICENSED PRODUCT TO LICENSEE ONLY ON THE CONDITION THAT LICENSEE ACCEPTS
THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.  BY PLACING AN ORDER FOR
AND ACCEPTING ITF FONT SOFTWARE (ELECTRONIC DATA), OR BY DOWNLOADING THE
SOFTWARE AND CLICKING THE “I ACCEPT” 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
LICENSEE’S COMPUTER(S).
 
1. Grant of License. In consideration of payment of the license fee,
included in the price paid by the Licensee for this product, the Licensor
grants to the Licensee a non-exclusive right to use this product, which
consists of electronic data to display and output PostScript®, TrueType® or
OpenType® typefaces. This electronic data may be installed on up to five (5)
CPUs. If you are using this product with more than five (5) CPUs, you are
required to obtain a Multi-User License for the appropriate number of
CPUs/Users.
(See
Multi-User Licenses section below).


 


The terms
of this Agreement are contractual in nature and not mere recitations.



When you order Prime Graphics Collection fonts
through Fonts.com, you are able to purchase your Multi-User License(s) at the
same time.


1
(a). License Extensions.

You are able to add additional Multi-User Licenses for the same font
products
for a period of three (3) years from the date of your
original purchase.


1
(b). Multi-User Licenses

ITF calculates Multi-User Licenses based on the chart below. The price ITF
charges you will be calculated based on the Recommended End User Price times
the number of CPUs or Users, (whichever is the greater).
The maximum number of CPUs licensed is equal to the number of users selected in
the applicable receipt. Please retain this receipt as proof.
Number                      Price                                                  
of CPUs/Users            Multiplier
1-5                              price x 1
6-15                            price x 2
16-30                           price x 3
31-45                           price x 4
46-65                           price x 5
66-80                           price x 6
81-95                           price x 7
96-120                         price x 8
121-145                       price x 9
146-160                       price x 10
161-180                       price x 11
181-195                       price x 12
196-215                       price x 13
216-230                       price x 14
231-260                       price x 15
261-300                       price x 16
301-335                       price x 17
336-375                       price x 18
376-415                       price x 19
416-460                       price x 20
461-520                       price x 21
521-580                       price x 22
581-640                       price x 23
641-700                       price x 24
701-760                       price x 25
761-820                       price x 26
821-880                       price x 27
881-940                       price x 28
941-1000                     price x 29
1001-1125                  price x 33  
1126-1250                            price x 36  
1251-1375                            price x 40  
1376-1500                  price x 43  
1501-1625                  price x 47  
1626-1750                  price x 50  
1751-1875                  price x 54  
1876-2000                  price x 57  
2001-2125                  price x 61  
2126-2250                  price x 64  
2251-2375                  price x 68  
2376-2500                  price x 71  
2501-2625                  price x 75  
2626-2750                            price x 78  
2751-2875                            price x 82  
2876-3000                  price x 85  
3001-3500                  price x 99  
3501-4000                  price x 113  
4001-4500                  price x 127  
4501-5000                  price x 141


If your
Multi-User Licensing requirements exceed the chart above, please contact ITF or
one their Authorized Distributors for additional information.
2. OWNERSHIP. ITF retains intellectual property rights, title and
ownership of any of its electronic data provided. This title and ownership
extends to copies of the data installed on any computer, downloaded to any
output device, or retained on other media by the Licensee as a backup. This
license does not constitute an exclusive sale of the original product to the
Licensee.


 


This
Agreement does not grant you any right to patents, copyrights, trade secrets,
trade names, trademarks (whether registered or unregistered), or any other
rights, franchises or licenses in respect of the electronic data. No rights are
granted to you other than a License to use the electronic data on the terms
expressly set forth in this Agreement.


 


The Licensee
further acknowledges and agrees that the structure, organization and code of
the font software are valuable trade secrets and confidential information of
ITF. The font software is protected by copyright including without limitation,
by United States Copyright Law, international treaty provisions, and applicable
laws in the jurisdiction of use.



3. COPY RESTRICTIONS. This product is copyrighted and contains proprietary
information and trade secrets of ITF. Unauthorized copying of this product is
expressly forbidden. You are permitted to create backups of the font software,
provided that: (a) they are stored only at the site where this product is
licensed, and (b) the full copyright information is included with each backup
copy. You may be held legally responsible for any infringement of ITF's
intellectual property rights that is caused or encouraged by your failure to
abide by the terms of this Agreement.



4. PERMITTED USES.

This product is licensed only to the Licensee, and may not be transferred to
any third party at any time without the prior written consent of ITF. You may
not modify, translate, adapt, alter, decompile, disassemble, decrypt, reverse
engineer, change or alter the embedding bits, the font name, legal notices
contained in the font software, nor seek to discover the source code of the
font data, convert into another font format, create bitmaps, add or subtract
any glyphs, symbols or accents, or any other derivative works based on the
electronic data in this product.


 


Licensee
may not supply, directly or indirectly, any ITF font data to any other firm,
business or individual for any type of modifications or updates whatsoever.
If the Licensee needs to modify or
update the font data in anyway in the future, ITF (Licensor) solely will
perform and invoice this additional work at its normal prevailing rates.


 


You may not
duplicate, modify, adapt, translate or create derivative works based on the
printed materials that may have been supplied with this product.  It is a
breach of this license agreement to use the product in any way that infringes
the rights of any third party under copyright, trademark, patent or any other
laws.  In the event of infringing uses by Licensee, this license immediately
terminates and Licensee is solely responsible for any such infringing uses
including all legal and other damages that may be incurred.



Embedding Restrictions


PDF
embedding of the font software into PDF documents is only permitted in a
secured read-only mode that allows only printing and viewing, and prohibits
editing, selecting, enhancing or modifying the text. Licensee must ensure that
recipients of PDF documents cannot extract the ITF font software from such PDF documents
or use the embedded font software for editing purposes or for the creation of
new documents. This type of embedding may only be used in a non-commercial, not-for-profit
scenario.  If you are unable to limit access to the document to “printing and
viewing” only, then the electronic document(s) may not be used on computers
that are not Licensed Computers. Examples of non-commercial, not-for-profit
permitted usage include PDF documents supplied to Service Bureaus, printers, or
any documents that disseminate personal, internal or business information.



With the purchase of a Special Font License upgrade
(see below), you may embed the font software
into digital for-profit commercial documents.


 


 


Special
Font Licensing

All commercial for-profit usage require a Special Font License upgrade
and is available for the following scenarios: Web Servers, Web to Print
technologies, Webfonts, e
ditable
PDFs, PowerPoint, Flash, Silverlight or other non-static files or situations
where
the font software
is embedded into electronic documents that permit editing, selecting, enhancing
or other modification of the text. A Special Font License
is also required for ePublishing,
eBooks, eZines
,
conversion into any kind of Scalable Vector Graphics (SVG), bitmap fonts,
digital news media, subscription services, iapps, handheld reader devices,
motion pictures, videos, television, incorporating the font software into your
hardware, software or any other products, such as application programs,
electronic games, gaming devices, kiosks, LED displays or similar mediums,
signage, alphabet, scrapbook products or software, adhesive or rub on
lettering, printers, application software for broadcast graphics, such as Avid,
Chyron, Harris, Vizrt, commercial merchandising and goods for sale, (such as
clothing apparel and accessories), physical goods, unique branding situations,
and any and all other unique or new applications or future technologies.

If you require further
information regarding Special Font Licensing for any of the ITF collections,
please contact ITF or one their Authorized Distributors.


 


5. LIMITED
WARRANTY.
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.
6. DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THIS PRODUCT IS
PROVIDED "AS IS". ITF 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 PARTICULAR PURPOSE. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY ITF, ITS DEALERS, DISTRIBUTORS, AGENTS, OR
EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS
WARRANTY, AND LICENSEE MAY NOT RELY UPON ANY SUCH INFORMATION OR ADVICE. ITF
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES
OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING DAMAGES FROM LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION AND LOSS OF BUSINESS INFORMATION)
ARISING OUT OF THE USE OR INABILITY TO USE THIS PRODUCT.
Because laws governing the exclusion or limitation of liability for
consequential or incidental damages vary, the above limitation may not be
applicable.
7. UPDATE REGISTRATION. At its option, ITF will, from time to time, provide
updates of this product to Licensees who have opted into receiving updates in
their Fonts.com user profile.

8. TERMINATION. This Agreement is effective until terminated. 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.
9. GENERAL. You agree to inform your employees or any other person
having access to the ITF software and copies thereof, of the terms and
conditions of this Standard License Agreement and to ensure that they shall
strictly abide by these terms and conditions.



You agree that you will not export or re-export the Software in any form
without the appropriate United States and foreign government licenses.


 


You agree
not to sublicense, sell, lease or otherwise transfer the electronic data
without the prior written consent of ITF.


10.
SEVERABILITY.
  If
any provisions of this Agreement are held to be invalid, illegal or
unenforceable, then such provision(s) shall be severed from it, and the
validity, legality and enforceability of its remaining provisions shall not be
affected or impaired.


11.
WAIVER.
  Waiver of
any right(s) at any time shall not constitute waiver of any right(s) at any
future time.


12.
JURISDICTION.
  This
Agreement represents the entire agreement between the Licensor and Licensee.
This Agreement supersedes any other (ITF) Prime Graphics Collection —
Standard License Agreement
which may have been included with the font
software or previously displayed on the ITF or its Authorized Distributors’ 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 the Commonwealth of
Pennsylvania, USA. If you have any questions concerning this Agreement or any
matters regarding our products, please write to:
International TypeFounders, Inc., P.O. Box 89, Cedars, PA 19423, USA
or email: [email protected]
The
International TypeFounders logos are the brands and trademarks of International
TypeFounders, Inc.
 
PostScript and Flash are registered trademark of Adobe Systems, Inc.
TrueType, OpenType and Silverlight are registered trademarks of Microsoft
Corporation.
All other brand or product names are the trademarks or registered trademarks of
their respective holders and are duly recognized.

© 2011. International TypeFounders, Inc.