S-Core Standard License Agreement
End User License Agreement
End User License Terms
This License Agreement is a legal contract between you and S-Core Co., Ltd. ("S-Core"). When you purchase a font, you are purchasing the right to use that font under a particular set of conditions. By installing, copying or otherwise using the enclosed software (“Font Software”) you are agreeing to be bound by the terms of this Agreement. Upon payment in full, the S-Core grants to you a non-exclusive, non-assignable, non-transferable license to use our fonts under the following terms and conditions. If you do not agree to the terms of this Agreement, promptly return the unused Software and the accompanying items (including written materials) to the place from which you obtained it for a full refund.
(a) “Font”, “Fonts” or “Font Software” are referred to the computer program which contains digitally encoded scaleable outline font data and includes any related documentation, updates, permitted modifications and permitted copies of the font software licensed to you by S-Core.
(b) “Use” means storing, loading, installing, executing or displaying Software on the Output Device.
(c) “Software License” means the Software license grant and general license terms set forth herein.
(d) “You”, “Your” and the “End User” are defined as and refer to a customer who has purchased a license to use the Font. An End User is not defined as a distributor, reseller, dealer, sub-licensee, original equipment manufacturer (“OEM”), or other wholesale buyer, etc. S-Core products may not be distributed and/or sold to third parties without prior written consent from S-Core.
(e) “Output Device” is defined as any device producing a usable representation of the Font, such as, but not limited to: a printer, image setter, laser setter, plate maker, game playing devices, game of chance devices, mp3 players, electronic books, or mobile phones or other mobile devices.
2. PERMITTED USES AND RESTRICTIONS
(a) Installation : The Font may be installed and used on the number of workstation computers identified in your sales receipt. For example, the purchase of a single license allows for the installation and use of the Font on one (1) computer. Please refer to your sales receipt for the amount of installations permitted.
(b) Location : The Font Software may be installed and used at a single geographic location. If you need a license that permits installation of the Font Software at multiple locations, please contact S-Core.
(c) Transfer/Service Bureau/Printer : You may not sell, lend, otherwise transfer or sublicense the font software to any third party without S-Core’s prior written consent. You may send a copy of the font software, or any portion of the font software, used in your documents to a commercial printer or service bureau to enable the editing or printing of your documents, provided that such commercial printer or service bureau has purchased a valid license to use the font software.
(d) Modifications : You agree that you will not modify, add new functionalities, adapt, translate, reverse engineer, decompile, decrypt, disassemble nor create derivative works of the font software without S-Core’s prior, express written consent. “Derivative work” is referred to any font software which is derived or based upon the hereto licensed font software binary data (or any portion of it).
(e) Embedding : Embedding of the Fonts into web pages or digital documents is permitted only in a secured, read-only mode. You must ensure that recipients of such web pages or documents cannot extract, install or use the embedded Fonts. The creation of new documents using an embedded copy of the Font Software is expressly prohibited. You further agree not to change or alter the embedding bits or other restrictions of the embedding programs within the Font Software itself.
(f) Output Devices : All such uses are not permitted installations and are not authorized output devices/uses under this License. Any such installation or use requires the purchase of a special license.
(g) Other Restrictions : You agree that you may not use the font software or portion of it (unless you obtain additional licensing) for purposes other than those licensed under this Agreement. In particular you may not use the font software or portion of it in the following:
A. as part of a copyrighted logo or trademark
B. as part of interactive software such as video games
C. as part of electronic templates such as website design templates and presentation templates which an individual can use to create electronic greeting cards, business cards, e-business cards, or any other electronic or printed matter
D. as part of a commercial product when the font software becomes the primary aspect for resale (for example on plain t-shirts or coffee mugs, where the main element used to sell the product is the image of letters which is stamped on it)
3. RIGHTS RESERVED
(a) You expressly acknowledge that the Font Software, the designs embodied therein, the trade names and/or trademarks and copyrights associated therewith are each the exclusive property of S-Core.
(b) You agree that the Fonts, and all copies thereof, are owned by S-Core and the Fonts' structure, organization and code are the valuable trade secrets of S-Core. You acknowledge that the Fonts are protected under the Republic of Korea trademark and/or copyright law, by the trademark and/or copyright and design laws of other nations, and by international treaties. The unauthorized use of the Font Software shall be a willful breach of this License and may, at S-Core’s sole discretion, result in its immediate termination, without obligation of notice or opportunity to cure. All rights of S-Core are cumulative, not exclusive, including the right to seek temporary and/or permanent injunctive relief.
4. LIMITED WARRANTY.
LIMITED WARRANTY. S-CORE warrants that the Software will perform substantially in accordance with the accompanying written material for a period of thirty (30) days from the date of receipt.
EXCLUSION. The above warranties do not apply to Software non-performance resulting from conditions caused by improper use, abuse, external causes such as accident, modifications not performed by S-CORE, or operations outside the standard operating environment specified for the Software description.
YOUR REMEDIES. S-CORE' and its licensors' entire liability and Customer’s exclusive remedy shall be, at S-CORE' option, either (i) return the purchase price of the Software, or (ii) replacement of Software which does not meet the S-CORE' limited warranty and which is returned to S-CORE with a copy of the applicable invoice.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITH REGARD TO THE SOFTWARE AND THE ACCOMPANYING ITEMS THE COMPANY AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.
S-CORE shall defend, or (at its sole discretion) settle any action, claim or demand brought against Customer on the basis of infringement of any copyright, trademark, trade secret or patent (the “Intellectual property Rights”) by the Software or use thereof. S-CORE shall pay any final judgment entered into against Customer in such action provided that S-CORE has the sole control of the defense and/or settlement and Customer promptly notifies in writing of such claim and provides all information known to the Customer relating thereto, and Customer cooperates with S-CORE in the defense and/or settlement.
Should the Software become (or, in S-CORE’ opinion, may become) the subject of infringement of any Intellectual Property Rights, S-CORE may at its expense do one of the following: (i) replace the Software or affected part with non-infringing programs; (ii) modify the Software or affected part to make it non-infringing; (iii) procure for Customer the right to use the Software; or (iv) if none of the alternatives are commercially reasonable, S-CORE may refund the license fees received from Customer for the Software or the affected part less a usage charged on a forty eight (48) months amortization schedules.
S-CORE shall have no indemnification obligation to the extent a claim is based upon (i) the use of any version of the Software other than a current release where such infringement would have been avoided by use of an unaltered current release; (ii) the combination, operation or use of the Software with any products or services not provided by S-CORE; or (iii) the use of the Software in a manner not authorized by this Agreement.
THIS SECTION PROVIDES THE ENTIRE OBLIGATION OF S-CORE AND EXCLUSIVE REMEDY OF CUSTOMER WITH RESPECT TO THE INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL S-CORE OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE EVEN IF S-CORE OR ANY OF ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
S-CORE’ AGGREGATE LIABILITY FOR DAMAGES HEREUNDER WILL IN NO EVENT EXCEED THE FEES PAID BY CUSTOMER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM.
S-CORE shall have the right to terminate Customer’s Software License upon notice for failure to comply with any applicable Software License terms. Immediately upon termination, the Software and all copies of the Software and the Documentation will be destroyed or returned to S-CORE.
(a) Customer shall comply with all applicable laws and regulations in its use of the Software. Customer may not export, re-export or otherwise transfer the Software except in full compliance with all applicable laws and regulations.
(b) Customer may not assign any rights or obligations hereunder without prior written consent of S-CORE.
(c) If any term or provision herein is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms or provisions herein will remain in full force and effect.
(d) Except as specifically provided in Section 2(a)2., these S-CORE Software License Terms supersede any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. Customer’s additional or different terms and conditions will not apply. These S-CORE Software License Terms may not be changed except by an amendment signed by an authorized representative of each party.
(e) GOVERNING LAW. This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Korea, without reference to conflict of law principles. Customer and S-CORE agree to the exclusive jurisdiction of the Seoul District Courts.
(f) PARTIAL INVALIDITY. Both parties to this Agreement hereby acknowledge that neither of them intends to violate any public policy, statutory or common laws, rules, regulations, treaties, or decisions of any government agency or executive body of any country or community or association of countries.
Should you have any questions about or require assistance installing our font(s), please do not hesitate to contact us:
+82 31 696 7114 (voice) +82 31 696 7115 (fax)
S-Core Co., Ltd.
9F, Yemigee Bld, 6-5