THIS IS A CONTRACT BETWEEN THE LICENSEE AND THE LICENSOR. THIS TRANSACTION DOES NOT CONSTITUTE A SALE OF THE PHIL′S FONTS/GARAGEFONTS FONT SOFTWARE — IT IS A LICENSE TO USE THE FONT SOFTWARE SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT.
BY PLACING AN ORDER FOR AND ACCEPTING PHIL′S FONTS/GARAGEFONTS FONT SOFTWARE (ELECTRONIC FONT SOFTWARE), OR BY DOWNLOADING THE SOFTWARE AND CLICKING THE “YES, I AGREE” 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 USE OF THE LICENSED PRODUCT. LICENSEE MUST IMMEDIATELY DELETE ANY PORTION OF THE FONT SOFTWARE INSTALLED ON LICENSEE′S COMPUTER(S).
THIS LICENSE SUPERSEDES ALL PHIL′S FONTS/GARAGEFONTS END USER LICENSE AGREEMENTS.
PHIL′S FONTS/GARAGEFONTS ADVISES LICENSEE TO PRINT OUT A COPY OF THE LICENSE AGREEMENT TERMS AND CONDITIONS AND SAVE IT FOR YOUR RECORDS. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE CONTRACTUAL AND BINDING IN NATURE, AND NOT MERE RECITATIONS. ONCE THE FONT SOFTWARE LICENSE HAS BEEN PURCHASED, THE SOFTWARE IS NONRETURNABLE, AND THE LICENSE FEE IS NONREFUNDABLE.
- Software means the computer program contained in this package (which may include digitally encoded, machine readable, scalable outline font data as encoded in special format), together with all codes, techniques, software tools, formats, designs, concepts, methods and ideas associated with the computer program and all documentation related thereto.
Please refer to important information regarding Permitted Uses and Special Font Licensing requirements in Sections 5, 6, 7, 8 and 9.
Grant of Desktop Publishing License. In consideration of payment of the nonrefundable license fee, included in the price paid by the Licensee for this product, the Licensor grants to the Licensee a non-exclusive, non-transferable right to use this product, which consists of electronic font software to display and output PostScript®, TrueType® or OpenType® typefaces. Any use other than Desktop will require additional licensing. This font software may be installed on up to five (5) CPUs for Desktop Publishing. If Licensee is using this product with more than five (5) CPUs, Licensee is required to obtain a Multi-
User Desktop Publishing License for the appropriate number of CPUs/Users. (See Multi- User Desktop Publishing Licenses section below).
When Licensee orders GarageFonts library fonts through Phil′s Fonts, Inc., or it′s resellers, distributors or third-party licensing agents, Licensee is able to purchase Multi-User Desktop Publishing License(s) at the same time.
2 (a). License Extensions. Licensee is able to add additional Multi-User Desktop Publishing Licenses for the same font products. You may not, however, downgrade your license once you have made your purchase. The entire license will be governed by the License Agreement in affect at the time of the latest extension.
The Font Software may not be installed or used on an internal or external (i.e., internet accessed) server unless all Workstations that can access such server are part of a Licensed Unit. For the purpose of determining the proper number of Workstations for which a license is needed, the following example is supplied for illustration purposes only: If there are 100 Workstations connected to the server, with no more than 15 Workstations ever using the Font Software concurrently, but the Font Software will be used on 25 different Workstations at various points in time, a license must be obtained which creates a Licensed Unit for 25 Workstations.
The maximum number of CPUs licensed is equal to the number of users selected in the applicable receipt. Please retain that receipt as proof.
1-5 price x 1
6-25 price x 2
26-50 price x 3
50-75 price x 4
76-125 price x 5
126-175 price x 6
176-250 price x 7
251-375 price x 9.5
376-500 price x 11
501-625 price x 13.5
626-750 price x 16
751-875 price x 18.5
876-1000 price x 21
If Licensee′s Multi-User Desktop Publishing Licensing requirements exceed the chart above, please contact Phil′s Fonts/GarageFonts or one their Authorized Distributors or Resellers for additional information.
This Agreement does not grant Licensee any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), service marks, font software
rights, design rights or any other rights, franchises or licenses in respect of the electronic font software. 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. Phil′s Fonts/GarageFonts reserves all its rights under these laws.
The Licensee further acknowledges and agrees that the structure, organization and source code of the font software are valuable trade secrets and confidential information of Phil′s Fonts/GarageFonts. No rights are granted to Licensee other than a License to use the electronic font software on the terms expressly set forth in this Agreement.
Wherever and whenever design and production credits are displayed (such as a colophon), user of this font software agrees to list the font names and credit Phil′s Fonts/GarageFonts as the trademark and copyright owner.
Licensee may not modify, make error corrections, enhance, translate, adapt, alter, decompile, disassemble, decrypt, reverse engineer, change or alter the embedding bits, the font name, copyright or trademark information, nor any other proprietary or legal notices contained in the font software, nor seek to discover the source code of the font software, convert into another font format, create bitmaps, create Web fonts with proprietary or third party tools or otherwise, add or subtract any glyphs, symbols or accents, or any other derivative works based on the electronic font software in this product in whole or in part, whatsoever.
Licensee may not supply, directly or indirectly, any Phil′s Fonts/GarageFonts font software to any other firm, business, third party or individual for any type of modifications, conversions or updates whatsoever. If the Licensee needs to modify or update the font software in anyway in the future, Phil′s Fonts/GarageFonts (Licensor) solely will perform and invoice this additional work at its normal prevailing rates.
Licensee 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 Licensor or 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.
Fonts/GarageFonts font software from such PDF documents or use the embedded font software for editing purposes or for the creation of new documents.
Any and all varieties of embedding may only be used in a non-commercial, not-for-profit scenario. If Licensee is 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), Licensee may, for example, embed and subset the font software into digital for-profit commercial documents, or choose the appropriate Special Font License upgrade for a host of other uses and applications.
Special Font Licensing. All commercial for-profit usage requires a Special Font License upgrade and is available for the following scenarios: Web Servers, Server-based applications, VPN, Web to Print technologies; Web fonts (to be used for page ‘views′ only), fonts incorporated into videos, film clips or movies on the Web; static, animated images, or graphics being used for iOS, Android and other unique non-traditional uses. Editable PDFs, PDF editing software (such as PitStop, 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.
A Special Font License is also required for ePublishing, ePub, ePub 2.01, ePub 3, KF8, eBooks, eZines, conversion into any kind of Scalable Vector Graphics (SVG), bitmap fonts, rasterized fonts, obfuscated or encrypted fonts, digital news media, subscription services, graphic image assets, any and all social media networking mechanisms and alternatives that utilize and include the licensed font software for commercial use, iPad apps, iApps, iOS, Android, phones, mobile devices, pagers, handheld reader devices, e-readers, proprietary reader devices, DPS, MOBI, AZW, OEM Licensing, motion pictures, videos, web videos, video games such as Xbox, Wii, PlayStation, cameras, television, exhibitions, DVR menus, movie trailers and credits, acknowledgments, syndication, incorporating the font software into Licensee′s computer hardware, software or any other products, such as application programs, interfaces, interactive media, EPOS, WEPOS, POSReady, operating systems, electronics, electronic books, electronic games, gaming consoles, machines and devices; kiosks, ATMs, Internet TV, IPTV, WebTV, Smart TVs, Hotel TV systems, intra-TV or digital graphic display systems, digital slide presentations, LED displays or similar electronic display mediums; CRM, ECRM and ERP systems, sports scoreboards, message or news displays, video advertising, LearnScapes, L&D, SharePoint, automotive displays, signage, POP displays, alphabet products, die-cut or stencil products, tattoos, scrapbook products or software, adhesive or rub on lettering or stickers, rubber stamps, sewing and embroidery machines, monogramming, 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), retail, retail packaging, physical goods, goods for sale, unique branding situations, and any and all other unique usage, new applications or future technologies, irrespective of operating systems or platforms.
Any logo, graphic file, EPS file, illustration, software, etc., created, modified, or derived from the Phil′s Fonts/GarageFonts font software is always licensed in accordance with the Permitted Uses contained in this Agreement, and may require a Special Font License in certain situations.
Under no circumstances will Phil′s Fonts/GarageFonts be responsible for modified and/or regenerated software that is created or derived from the original Phil′s Fonts/GarageFonts font software.
The entire risk of performance and quality of this product is with the Licensee. Phil′s Fonts/GarageFonts does not warrant that this product will operate with all other software products, or that it will satisfy Licensee′s requirements. Phil′s Fonts/GarageFonts′ entire liability to the Licensee will not extend beyond replacement of defective media or refund of the purchase price. In most circumstances and situations, the font software is nonreturnable and nonrefundable. Any refunds need to be approved in writing, and will be made at the sole discretion of Phil′s Fonts/GarageFonts.
Because laws governing the exclusion or limitation of liability for consequential or incidental damages vary, the above limitation may not be applicable.
Licensee shall, at Phil′s Fonts/GarageFonts′ request, procure and execute, or procure the execution of any and all such other documents, as Phil′s Fonts/GarageFonts may require
from time to time in order to enable Phil′s Fonts/GarageFonts to protect, perfect, enforce or enjoy Phil′s Fonts/GarageFonts′ Intellectual Property Rights.
No person who is not a party to this Agreement shall have any rights to enforce any terms of this Agreement. This Agreement shall be binding upon and inure for the benefit of the personal representatives and successors in title and assigns of each of Phil′s Fonts/GarageFonts and Licensee.
Licensee agrees to inform their employees or any other person having access to the Phil′s Fonts/GarageFonts 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.
Licensee agrees that they will not export or re-export the Software in any form without the appropriate United States and foreign government licenses.
Phil′s Fonts/GarageFonts expressly reserves the right to amend, modify or change this
P.O. Box 247,
Sandy Spring, MD 20860, USA Email: email@example.com Phone: 301-879-9222
Phil′s Fonts and GarageFonts logos are the brands and trademarks of Phil′s Fonts, Inc.
PostScript and Flash are registered trademark of Adobe Systems, Inc. TrueType, OpenType, Sharepoint, Silverlight,
and Xbox are registered trademarks of Microsoft Corporation. PlayStation is a registered trademark of Sony Computer Entertainment, Inc. Wii is a registered trademark of Nintendo Co., Ltd. All other brand or product names are the trademarks or registered trademarks of their respective holders and are duly recognized.