End User License Agreement

Volcano Type Standard License Agreement

You are deemed to have agreed to the terms of the following license agreement if you make an order, download a freefont or open the seal of the recording media containing the typeface.

The rules for using typeface software are laid down in the licenses of the respective manufacturers. You acknowledge these if you open and install a typeface package. Respectively, you also expressly acknowledge this license agreement before you download a typeface from our internet site.

License agreement for the use of Volcano Type typefaces

(the products marketed under the name of Volcano Type are products from MAGMA [Büro für Gestaltung], Bachstrasse 43, 76 185 Karlsruhe)

1. Rights of use
1.1 The typeface software is the intellectual property of MAGMA [Büro für Gestaltung].
The term typeface software includes all updates, upgrades, extensions, amended versions and working copies of the typeface software to which you are granted a license under this agreement. Recording media on which the typeface software is delivered are and remain in future the property of MAGMA [Büro für Gestaltung].

After payment of the agreed license fee is made in full, MAGMA [Büro für Gestaltung] grants you a non-exclusive, non-transferable right to store the typeface at just one location on a hard drive or other recording media for use by up to five computers. Use of the typeface software is defined as each permanent or temporary copy of the typeface software by saving, loading, running or activating the typeface software and processing data in the typeface software on a computer.

A back-up of the typeface software may be made. However, this may not be passed on or left in the care of third parties, even temporarily.

1.2 If it is intended to use the typeface software on a network, you may store it on a single fileserver for use in a local area network for only one of the following purposes:
- Permanent installation on a hard drive or other storage medium for access by a total of up to five computers;
- Use of typeface software on this network is permitted on condition that the number of different devices on which the typeface software will be used does not exceed five computers or, respectively, the number of users at any one time does not exceed five.
Likewise, you may install the typeface software on a home PC or portable computer. However, the typefaces may not be used simultaneously on the initial computer and by a third party on an additional computer.
- Simultaneous use of the typeface software on more than five computers or by more than five authorized users simultaneously is only permitted if you have acquired a multi-user license (for an additional fee and subject to availability). (Please contact MAGMA [Büro für Gestaltung] in advance).

1.3 You are entitled to assign the license granted to you to a third party only if all the following conditions are met:
- the latest version of this license agreement is fully included as an integral component of the assignment contract between yourself and the respective third party
- by signing the assignment contract, the third party, as legal successor, acknowledges the contents of this license agreement for typeface software as binding it and a copy of the complete assignment contract signed by you and the third party is forwarded to MAGMA [Büro für Gestaltung], and
- You do not retain any copies of the typeface software and refrain from any further use of such copies or parts thereof.

By assigning the license to typeface software you assign your rights of use to the legal successor under the terms of this agreement. Your license expires immediately upon assignment.

1.4 You may only pass on a copy of the typeface software which you have used to generate a file to an external reprographics studio or similar services provider for the sole purpose of rendering single files which you have prepared using the typeface software and provided that the services provider has reasonably assured you that it has properly acquired a license to the typeface software concerned.

1.5 Embedding the typeface software in electronic documents or internet pages is only permitted if there is a technical application in the software concerned that prevents a third party from editing or preparing new documents (read only function). Likewise it must be ensured that a third party cannot make unauthorized use, in full or in part, of the typeface software by extracting it from such documents.

2. Exclusion of other uses

The provisions of 1.3 and 1.4 notwithstanding, it is expressly forbidden to sell, loan or pass on in any other form the typeface software to a third party or to issue sub-licenses.

The provisions of 2.3 and 2.4 notwithstanding, it is not permitted:
- to change the typeface software, to combine it with other programs or to decompile it,
- to develop modules of it for own productions or
- to use the technical solutions contained in the typeface software for other purposes than for use on your own computer.

2.3 Such manipulations as defined under 2.2 are only permitted to the extent that they are unavoidable under §69e UrhG (German Copyright Act) to obtain the information required to ensure interoperability of the software with other programs and you do not disclose this information or make it accessible to any unauthorized parties and you have not received this information after requesting it from MAGMA [Büro für Gestaltung].
In this event, you shall immediately inform MAGMA [Büro für Gestaltung] in writing which parts of the typeface software you have decompiled.

2.4 You are only permitted to make modifications to the typeface software where these are necessary to meet you personal design requirements. Any modifications made for this purpose are subject in all regards to the terms of this license agreement.

3. Warranties and liability
3.1 It is not possible to develop typeface software that works flawlessly in all applications and under all circumstances. MAGMA [Büro für Gestaltung] assures that in its original condition the typeface software fulfils the functions and performance characteristics contained in the product specifications valid on the date this license agreement takes effect. This does not apply to insignificant restrictions of usability.

3.2 MAGMA [Büro für Gestaltung] assures that the original program is properly recorded on a recording medium that has been subject to quality control. This excludes typeface software that is preinstalled or has been downloaded.

3.2 The warranty period is for six months beginning on the date on which the typeface software is shipped to you.
If any defect in the typeface software appears during this period which restricts the usefulness of it in a not insignificant manner and which can be allocated to our sphere of responsibility also with regard to the restriction of 3.1, MAGMA [Büro für Gestaltung] shall remedy the defect without delay after notice of the defect has been received and with due consideration paid to available capacity, however not later than in five working days.
A prerequisite for remedying such defects is that the effects of a defect can be reproduced and that the notice of defect, complete with packing slips, has been made without delay.

We may fulfill our warranty obligations by making an improvement to the defective product, or providing a new version of the program at no cost or making a temporary correction until such a version becomes available, such choice being at the discretion of MAGMA [Büro für Gestaltung]. Our warranty does not extend to any new features and functions that may be contained in the new version of the program.
In the event that a replacement is received or this agreement is cancelled, you agree to return any recording media within 14 days of the replacement being shipped or notice of cancellation being made in full, and at your own cost, to MAGMA [Büro für Gestaltung]. In the event of the agreement being cancelled, you are obliged to also return any accompanying material delivered to you. Any back-ups of typeface software are to be destroyed immediately upon receipt of a replacement shipment or notice of cancellation. Likewise, all data relating to the typeface software must be deleted.

If an improvement fails to remedy the defect, you have the right to cancel the agreement.

3.3 All further warranties are excluded. This implies that no warranty is made that the typeface software is suitable for your particular needs. You bear the sole responsibility for selecting, installing and using the typeface software as well as for the intended results. Moreover, no warranty is made for versions of the software which are amended or changed as defined in 1.1 unless you can prove that defects are not related to amendments or changes.

3.4 All further warranty and indemnification claims are excluded unless the losses have been caused due to the willful intent or gross negligence of MAGMA [Büro für Gestaltung]. This exclusion also covers the liability of MAGMA [Büro für Gestaltung] for indirect losses and consequential losses such as idle time or loss of profit.

3.5 No warranty is made for typeface software provided free. If typeface software is downloaded, MAGMA [Büro für Gestaltung] accepts no liability for any errors in transmission, incompleteness or manipulation of data.

4. General
4.1 The license granted under 1.2 to use the product expires with immediate effect upon breach of any one of the provisions of this agreement.
4.2 Upon termination of this agreement, you agree to return the typeface software with all existing copies, amendments and summaries to MAGMA [Büro für Gestaltung] at your own cost or, if this is not technically possible, to delete or destroy the corresponding data.
4.3 You agree to oblige all employees of your company or other people who gain access to the typeface software, to acknowledge the content of this license agreement for typeface software and to ensure that they observe the terms of this agreement.
4.4 Unless this license agreement contains a clause to the contrary, or other more specific effective clause, the general terms of sale of MAGMA [Büro für Gestaltung] for products trading under the name of VolcanoType are an integral component of this agreement.
4.5 The law of the Federal Republic of Germany shall apply to this agreement. The United Nations Convention on the International Sale of Goods does not apply.
4.6 The English version of this license agreement is a translation of the German original. In cases of dispute, the German version shall prevail.