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END USER LICENSE AGREEMENT (EULA)

 

Preamble

This License Agreement for Font Software becomes a legally binding contract between the licensee and BrassFonts (BF) when the Licensee agrees to the Terms and Conditions in an electronic delivery method or purchases the Font Software on a storage medium and opens the packeging 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 agrement is the intellectual property of BF and/or its licensors. It contains BF Font Software with digital, machine-readable, scalable Font Software data, and is supplied to you by BF for usage only, however not sold. Usage of the BF Font Software is ruled by this License Agreement.

 

1. Use of BrassFonts Software

1.1 Upon full payment of the agreed-upon license fee, you are granted a non-exclusive, single user right to use the BF Font Software on up to five (5) computers at one single geographical location stipulated by the licensee. If the BF Font Software will be installed on more than five (5) hard disks and will be used by several systems, an additional license must be acquired for each additional system from BF. BF does not guarantee that the BF Font Software will work adequately in an environment with many systems.

BF reserves all rights not expressly granted to you under this License Agreement. The BF Font Software is solely for use in your own business or for your own personal use, and it remains BF’s ownership at all times.

1.2 You have the right to make additional backup copies of the BF Font Software for the exclusiv purpose of data backup.

1.3 For the exclusive purpose of outputting certain files, the licensee is permitted to transfer a copy of the BF 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 possess its own license. The licensee has to inform the commercial printer or service company about the content of this License Agreement.

1.4 If your publications contain an imprint, the names of the font and the foundry have to be mentioned, e.g. ‘Type set in “BF Fontname” from BrassFonts’.

 

2. Proprietary Rights and Obligations

The BF Font Software ist the valuable property of BF. You will not make or have made, or permit to be made, any copies of the BF Font Software, documentation, or any portions thereof, except such copies as are necessary for the insatllation of the BF Font Software in accordance with the terms of this Agreement. Any such copies of the BF Font Software shall contain the same property notice which appears on or in the BF Font Software.

 

3. Assignment

Assigning the license to a third party is not permitted.

 

4. Font Embedding

Embedding of the BF Font Software into electronic documents of Internet pages is only permitted under the absolute assurance that the recipient cannot use the BF Font Software to edit or create a new document (read-only). It must be ensured that the Font Software cannot be fully or partially extracted from said documents. The licensee may electronically distribute BF Font Software embeded in a “Personal or Business Use” document only when the BF 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 embeded document. The licensee may not embed BF Font Software in a Commercial Product without a separate written license from BF, and the Licensee may not embed BF 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 BF Font Software, a request must be made to BF. BF will then conclude an expansion/embedding License Agreement for said purpose. This expansion/embedding License Agreement is a subject to an additional fee.

 

5. Exclusion of Other Usage

Subject to the provision 1.3 and 3 of this Agreement, selling, lending or otherwise transferring the BF Font Software to a third party or parties is strictly prohibited. In addition, transferring the BF 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, the 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 BF Font Software or the typefaces created electronically or in a hard copy form as a result of the use of the BF Font Software. Specifically, it is prohibited to change or modify the Font and/or Trademark names used as identifying tags in the BF Font Software in any form or manner. If such changes or modifications become necessary, prior written consent has to be obtained from BF.

 

6. No other Rights

BF retains title and ownership of the BF Font Software and all subsequent copies of the BF 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 BF 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 cease 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. BF has the right to terminate your license immidiately if you fail to comply with any terms of this Agreement. In addition, BF reserves the right to claim punitive damages. Upon such termination you will destroy the original and any copies of the BF Font Software and related documentation and cease all use of the trademarks.

 

8. Limited Warrenty

BF warrents that the BF Font 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. BF’s entire liability to your exclusive remedy as to such physical media shall be replaced if the physical media that does not meet BF’s Limited Warrenty is returned to BF with a copy of the receipt. If failure of any physical media has resulted from accident, abuse, or misapplication, BF shall have no responsibility to replace the physical media. Any replacement of physical media will be warranted for the remainder of the original warrenty period or thirty (30) days, whichever is longer.

Except as expressly provided above, the BF Font Software and documentation are provided “as is”. BF does not and cannot warrant the performance or results you may obtain by using BF Font Software or documentation.

The foregoing states the sole and exclusive remedies for BF’s breach of warranty. Except for the foregoing Limited Warrenty, BF makes no warranties expressed or implied as to non – infringement of third party rights, or fitness for a particular purpose. BF does not make any warrenty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose.

 

9. Limit of Liability

In no event BF will 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 inability to use the BF Font Software, even if BF has been advised of the possibility of such damage.

 

10. Indemnification

You agree to indemnify and hold BF and BF’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.

 

 

BrassFonts

Försterstr. 30, D-50825 Köln (Cologne), Germany, EU, www.brass-fonts.de

End User License Agreement, Version 2.0, ©2005 BrassFonts