Sentinel Type Commercial License Agreement
(i) Sentinel Type (‘ST’) End User Lisence Agreement (‘ELUA’) between Sentinel Type and User.
(ii) Your use of this digital typeface is conditional upon on your acceptance, without modification, of the terms and conditions expressed herein. Your use of the typeface is deemed to indicate your acceptance of all such terms and conditions (except for Multi-Workstation Products (‘MWP’), where another document supplants this one). If you do not agree to the terms, promptly contact Sentinel Type at the address below with proof of purchase within 10 days for a full refund.
(iii) Terms of reference: ‘digital typeface’, ‘fypeface’ and ‘font’ are equivalent terms of reference defined as a digitized scalable outline of a graphical nature depicting an alphabet and/or numerals, glyphs and other symbols. ‘Central Processing Unit’ (‘CPU’) and ‘Workstation’ are equivalent terms of reference defined as a microcomputer containing system board(s) and magnetic and/or optical storage drives.
(iv) Postal Address
7a Belford Road, Kew East
Victoria 3102, AUSTRALIA
(i) Number of Users: In consideration for the license fee paid, ST grants to you only, the User, the non-exclusive, non-transferable right to use and display the product purchased from ST. If you are using this product for your work, the ELUA also applies to your employer and any sub-contractor connected with your work. ST software collections consisting of one or more typefaces from ST may be used on up to five (5) CPUs and connected to any number of printers or other image producing devices at your site.
(ii) Third Parties: You may send a copy of any ST typeface along with your documents to a commercial printer or other service bureau to enable editing or printing of a document or other digitized artwork, provided that such party has informed you that it owns a valid license to use that particular font software. You may also “embed” PC TrueType format fonts within your documents for the viewing, editing, and printing of those documents.
(iii) Portable Documents: You may “embed” ST typefaces in PostScript-Language files, .PDF files, .DOC files and .EVY files for distribution, viewing, and imaging to other parties.
(iv) You agree to use the ST typeface for lawful personal or commercial purposes only, and not to modify, adapt, translate, publish, reverse engineer, decompile, disassemble, create derivative works of, transmit, transfer, distribute, upload to internet sites, licence or sell the ST product without ST’s prior written consent.
(i) Rights: ST typefaces and other software products are protected under international copyright law. These rights are valid and protected in all media and technologies existing now or later developed. Except as explicitly provided otherwise, this agreement, applicable copyright, and other laws regulate your use of the ST typeface. At a minimum ST asserts its right of ownership of the intellectual property contained in the typeface and accompanying materials.
(ii) Proprietry Rights: All contents of the Sentinel typeface are (c) Copyright ST, and/or Independent Content Providers (‘ICPs’), A.D 2002. All rights reserved. All rights not expressly granted here are reserved.
(iii) Copying and Backups: The ST typeface and the accompanying materials are copyrighted and contain proprietary information and trade secrets of ST. Unauthorized copying of the ST product, even if modified, merged, or included with other software, or of the accompanying written materials, is expressly prohibited. You may make 1 (one) copy of the ST product solely for backup purposes, provided the copyright and trademark notices and accompanying materials are reproduced in their entirety on the backup copy.
(iv) Infringement: You may be held legally responsible for any infringement of ST’s intellectual property rights caused or encouraged by your failure to abide by the terms of this Agreement, unless you have a Multi-Workstation License Agreement.
This Agreement is effective until terminated. This Agreement will terminate automatically without notice from ST if you fail to comply with the provisions specified herein. Upon termination you must destroy the written materials, the ST product, and all copies of them, in part and in whole, including modified copies, if any.
5. PRODUCT UPGRADE
ST may from time to time update the ST product. If you wish to upgrade additional pricing may apply.
6. DISCLAIMER AND WARRANTY
(i) Product: ST warrants the ST product to be free from reasonable defects in materials and workmanship under normal use for a period of 90 (ninety) days from the date of delivery as shown on the accompanying invoice.
(ii) Replacement: ST’s liability and your exclusive remedy to a defective product shall be, at ST’s option, either return of purchase price or replacement of the product, which must be returned to ST with a copy of the invoice. ST will not replace the product or refund the purchase price if failure results from accident, inappropriate use or misapplication, or if any product is lost or damaged due to theft, fire, or negligence. The replacement product will be warranted for the remainder of the original warranty period, or 30 (thirty) days, whichever is longer. This warranty gives you specific legal rights. You may have other rights which vary from state to state.
(iii) Expectation of Performance: The entire risk as to the quality and performance of ST product rests with you. ST does not warrant that the aesthetic properties and functions contained in the ST product will meet your requirements, or that operation of the software will be uninterrupted or error free. Each user must evaluate and bear the risk inherent in any reliance on the accuracy, completeness or usefulness of ST product.
You expressly agree that your use of the product is at your sole risk. The ST typeface and its content are provided “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to warranty of merchantability or fitness for a particular pupose, unless such warranties are legally incapable of exclusion. In no event shall ST and/or its ICPs be liable for any direct, indirect, punitive, incidential, special or consequential damages (including damages from loss of business profits, business interruption, loss of business information, and the like) arising out of or in any way connected with the use of or inability to use ST products, even if ST has been advised of the possibility of such damages. Because some states do not allow limitation of liability for incidental damages, in such states ST’s liability shall be limited to the extent permitted by law.
8. U.S. GOVERNMENT RESTRICTED RIGHTS
The ST product and its related documentation are provided with restricted rights. Use, duplication or disclosure of the ST product by the United States Government is subject to restrictions as set forth in FAR 52.227-19(c)(2) (May, 1987) when applicable or the applicable provisions of the DOD FAR supplement 252.227-7013 subdivision (a)(15)(April, 1988) or subdivision (a)(17)(April, 1988). The contractor/manufacturer is Sentinel Type, P.O. Box 2068, Hawthorn 3122, Victoria, AUSTRALIA.
Export (Domestic Versions): Irrespective of any disclosure made by the LICENSEE to ST of an ultimate destination of the ST product, the LICENSEE shall not re-export or transfer, either directly or indirectly the ST product to any person(s) or entities outside the United States of America without first obtaining a license from the United States Department of Commerce or other agency or department of the United States Government as required by United States Federal Export laws and regulations.
Should you have any questions concerning this Agreement, or if you desire to contact ST for any reason, please contact Sentinel Type in writing.