(ITF) Red Rooster Collection — ‘Standard’ (End User) License Agreement (until Nov 2015)
Acknowledgement. IMPORTANT NOTICE: INTERNATIONAL TYPEFOUNDERS (ITF) “LICENSOR” IS WILLING TO LICENSE ITS FONT SOFTWARE TO ANY BUSINESS ENTITY OR INDIVIDUAL “LICENSEE” ONLY ON THE CONDITION THAT LICENSEE ACCEPTS THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT.
THIS IS A CONTRACT BETWEEN THE LICENSEE AND THE LICENSOR (ITF). THIS TRANSACTION DOES NOT CONSTITUTE A SALE OF THE ITF 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 ITF FONT SOFTWARE (ELECTRONIC FONT SOFTWARE), 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 USE OF THE LICENSED PRODUCT. LICENSEE MUST IMMEDIATELY DELETE ANY PORTION OF THE FONT SOFTWARE INSTALLED ON LICENSEE’S COMPUTER(S).
ITF ADVISES LICENSEE TO PRINT OUT A COPY OF ITF’S LICENCE 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 AN ITF FONT SOFTWARE LICENSE HAS BEEN PURCHASED, THE SOFTWARE IS NONRETURNABLE, AND THE LICENSE FEE IS NONREFUNDABLE.
Please refer to important information regarding additional Special Font Licensing requirements in Section 5. Permitted Uses.
1. Third-Party Purchasing Agent. If you are acting as a third-party purchasing agent for a business or organization, you represent and warrant that the business or organization for which you are acting has consented to this Agreement. You further agree that as a third-party purchasing agent for a business or organization, you have no rights to use the Font Software whatsoever, but you agree to be bound by the Agreement in its entirety as if you were the end user.
2. 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. 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 Red Rooster Collection fonts through MyFonts, 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 for a period of three (3) years from the date of Licensee’s original purchase.
2 (b). Multi-User Desktop Publishing Licenses. ITF calculates Multi-User Desktop Publishing Licenses based on the chart below. The fee ITF charges Licensee 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.
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 Licensee’s Multi-User Desktop Publishing Licensing requirements exceed the chart above, please contact ITF or one their Authorized Distributors or Resellers for additional information.
3. Ownership. This Agreement does not constitute an exclusive sale of the original product to the Licensee. The Licensee acknowledges and agrees that ITF retains all intellectual property rights, title and ownership of any of its electronic font software. This title and ownership extends to copies of the font software installed on any computer, downloaded to any output device, or retained on other media by the Licensee as a backup.
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. ITF 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 ITF. 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.
4. Copy Restrictions. This product is copyrighted and contains proprietary information and trade secrets of ITF. Unauthorized copying of this product is expressly forbidden. Licensee is 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. Licensee may be held legally responsible for any infringement of ITF’s intellectual property rights that is caused or encouraged by Licensee’s failure to abide by the terms of this Agreement.
5. Permitted Uses. This product is licensed only to the Licensee, and may not be transferred, sold, leased, rented, lent, shared, assigned, distributed or sublicensed to any third party at any time without the prior written consent of ITF.
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 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 ITF font software to any other firm, business, third party or individual for any type of modifications or updates whatsoever. If the Licensee needs to modify or update the font software in anyway in the future, ITF (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.
6. No Other Use. Licensee is only granted the rights expressly stated in this Agreement. Licensee may not use the ITF font software for any other use whatsoever.
7. 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 by means of obfuscation or encryption. 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.
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.
8. Special Font Licensing. All commercial for-profit usage requires a Special Font License upgrade and is available for the following scenarios: Web Servers, VPN, Web to Print technologies, Web fonts or static images (page views only), Web fonts or static images 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 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, iapps, ios, Android, phones, mobile devices, pagers, handheld reader devices, proprietary reader devices, DPS, MOBI, AZW, OEM Licensing, motion pictures, videos, 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, EPOS, WEPOS, POSReady, operating systems, electronics, electronic games, gaming machines and devices, kiosks, intra-TV or digital graphic display systems, LED displays or similar electronic display mediums, sports scoreboards, message or news displays, video advertising, automotive displays, signage, 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), physical goods, unique branding situations, and any and all other unique or new applications or future technologies, irrespective of operating systems or platforms. Using any and all ITF software without the appropriate Special Font License is expressly prohibited.
9. Important information regarding Special Font Licensing. All Special Font Licensing can only be approved, issued and administered directly from ITF. If Licensee requires further information or have any questions regarding Special Font Licensing for any of the ITF collections, Licensee must contact ITF directly.
email: [email protected]
10. 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 Licensee’s requirements. ITF’s 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 ITF.
11. 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.
12. 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 MyFonts user profile.
13. 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, or upon your bankruptcy. Upon termination of this Agreement, the Licensee must: (a) destroy all copies of the electronic font software, 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. The balance of this Agreement shall survive any such termination of license rights.
14. General. Nothing in this Agreement is intended to, or shall be deemed to, establish any agency, partnership or joint venture between Licensee and ITF, nor authorize either Licensee or ITF to make or enter into any commitments for or on behalf of the other.
Licensee shall, at ITF’s request, procure and execute, or procure the execution of any and all such other documents, as ITF may require from time to time in order to enable ITF to protect, perfect, enforce or enjoy ITF’s 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 ITF and Licensee.
Licensee agrees to inform their 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.
Licensee agrees that they will not export or re-export the Software in any form without the appropriate United States and foreign government licenses.
15. 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.
16. Waiver. Waiver of any right(s) at any time shall not constitute waiver of any right(s) at any future time.
17. License Agreement. This Standard License Agreement represents the entire License Agreement between the Licensor and Licensee. This Agreement supersedes any other prior License Agreement that may have been included with the font software or previously displayed by ITF on its own website, or those websites of its Authorized Distributors or Resellers. This Agreement may only be modified by ITF in writing that expressly states that such writing is intended to modify this License Agreement.
ITF expressly reserves the right to amend, modify or change this Standard License Agreement at any time and without prior notification.
18. Jurisdiction. The ITF ‘Red Rooster Collection’ 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
email: [email protected]
Red Rooster Collection, Rabbit Reproductions Typefoundry, Red Rooster and 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.
© 2014. International TypeFounders, Inc.
Amended: April 7th, 2014