Parkinson Type Design End User License Agreement
1. THIS IS A LEGAL AGREEMENT between you and Parkinson Type Design; please read it carefully. By downloading and/or installing Parkinson Type Design (“PTD”) font software you agree to the following terms and conditions. The PTD Font Software and the designs of the fonts are the subject matter of this Agreement. Additional licensed users are governed by a Multi-CPU license, where your invoice supplements the number of licensed CPUs permitted under this license. Your invoice shall not alter any other term or condition of this Agreement.
2. This font software may be used on up to 5 (five) computers at one physical location and any number of output devices (without permanent hard disks) at that same location.
3. PTD font software may not be copied or duplicated in any form except for a single back up copy. PTD font software may not be rented, leased, served, retransmitted sublicensed or lent to another person, firm or organization, or entity.
4. You agree not to re-distribute or resell PTD font software in any format, including CD-ROM, internet and PDF applications.
5. This font software may not be embedded for distribution in any type of digital document, (such as Acrobat (tm) .PDF files, CD-ROMs or internet applications such as TrueDoc, and other internet/world wide web software embedding or serving schemes, or otherwise distributed, served or re-directed in any way). No rights are granted for re-distribution of any kind without the express permission and a valid re-distribution agreement with PTD.
6. You are authorized to provide a copy of the Software to a service bureau only if they provide you with written assurance that they already own a valid license from PTD to use the Software. Any copies of the Software transferred to a service bureau under this condition must contain the copyright and trademark notices of PTD contained in the Software.
7. Use of the Software over a network is permitted provided the number of different computers on which the Software is used does not exceed the number of computers licensed under this Agreement. For example only, if there are 50 computers connected to the network server, with no more than fifteen computers using the Software concurrently, but the Software will be used on 25 different computers at various points in time, the number of computers for which you need a license is 25.
8. PTD owns all right, title and interest in and to the Font Software and the designs embodied therein, and all copies thereof, regardless of form or media, and to all copyrights therein. PTD also owns all trademarks associated with the Font Software. The Software and accompanying written materials are copyrighted. You may either (a) transfer the Software to a single hard disk and retain the original Software for backup purposes, or (b) make one copy of the Software solely for backup or archival purposes, or (c) make one temporary copy for use with a “portable” or secondary computer that is used by you at a location other than that of the licensed copy. During such use, the licensed copy at the primary location must not also be in use. This does not cover service bureau usage.
9. You may permanently transfer the Software with a copy of this Agreement to another provided the other party accepts and agrees to the terms and conditions of this Agreement. Upon such transfer, you must also transfer all accompanying written materials and either transfer or destroy all copies of the Font Software in your possession or control. You may not lease, rent, merge, reverse engineer, decompile serve, distribute, create derivative works or disassemble the Font Software.
10. This License is effective until terminated. The License will terminate automatically without the requirement of notice from PTD if you fail to comply with any provision, term or condition of this License. You may voluntarily terminate at any time. Upon termination, you agree to destroy or purge all copies of the Software and accompanying written materials.
PTD warrants that the Font Software will perform substantially in accordance with its documentation for ninety (90) days following delivery of the Font Software. To make a warranty claim, you must either return the Font Software to the location from which you obtained it together with a copy of your sales receipt or, if acquired on-line, contact the on-line provider with sufficient information regarding your acquisition of the Font Software to permit the confirmation of the effective date of this License. PTD hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PTD DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. UNDER NO CIRCUMSTANCES SHALL PTD BE LIABLE TO YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, 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. PTD’s entire liability and your sole remedy under this License is, at PTD’s sole option, either (a) return of payment as evidenced by a copy of your purchase receipt; or (b) replacement of media not meeting PTD’s Limited Warranty. In no event will PTD or its principles, officers directors or vendors be liable for any direct, consequential or incidental damages (including damages for loss of business profits, information, or use), even if PTD has been advised of the possibility of such damages.
Under no circumstances shall PTD’s liability to you exceed either the refunding of the cost of the Font Software or replacement of the Font Software either of which shall be at PTD’s sole discretion.
OTHER LAW - NON-BUSINESS USERS ONLY. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, implied warranties or implied warranties. ANY IMPLIED WARRANTY OR OTHER RIGHT CREATED BY LAW IS ONLY EFFECTIVE FOR THE NINETY (90) DAY WARRANTY PERIOD. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE NINETY (90) DAY WARRANTY PERIOD. To the extent permissible by law, you agree that all implied warranties are not to be effective for more than thirty (30) days.
You expressly agree that this Agreement shall be governed by the laws of the State of California, U.S.A., as they apply to contracts wholly performed therein and without respect to its conflict of laws provisions or the conflict of laws provisions of any other jurisdiction. You expressly submit to the jurisdiction of the state and federal courts in the elected by PTD for the resolution of any dispute and waive any defenses arising out of the forum or court selected by PTD and further agree to accept service of process by certified mail, return receipt requested, effective upon delivery. You hereby expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
The Software and documentation is provided and delivered with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subdivision (b) (3) (ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013. Contractor/manufacturer is Jim Parkinson / Parkinson Type Design, 6170 Broadway Terrace, Oakland, California 94618. 510-547-3100. You may contact us at: [email protected]