Pink Broccoli End User License Agreement
Pink Broccoli Types - a div. of Astigmatic (AOETI) - End User License Agreement
THIS IS A BINDING LEGAL AGREEMENT - Please read this Agreement before purchasing, downloading, installing or using the Font Software shall indicate your express agreement to these terms and conditions.
USERS LICENSED. The Number of Licensed Users is determined by the Purchaser at the time of Purchase. The Font Software may not be used with more than two (2) computers owned by the same licensed party or End User.
1. GRANT OF LICENSE. This license to use the Font Software is non-exclusive, terminable and non-transferable and the use of the Fonts Software must be in accordance with the following terms and conditions.
2. PERMITTED INSTALLATIONS. Use of the Pink Broccoli Types/Astigmatic (AOETI) Font Software is not permitted by more End Users than you identify when the Font Software is purchased. However, the Font Software may be installed on not more than two (2) computers for each licensed End User, provided that those computers are not used at the same time. For the purposes of clarity, a Licensed End User may install the Font Software on their laptop and their workstation, provided both are not used at the same time. Serving of the Font Software to a Licensed End Users over a network, LAN, WAN or the Internet is strictly prohibited. If you need or desire to install & use the Font Software in such a manner, contact Astigmatic for a special license.
3. REFUNDS. If you do not agree to the terms of the Font Software License Agreement, do not download or install the Font Software. The Pink Broccoli Types/Astigmatic (AOETI) Font Software may be exchanged only if defective. If you do not agree to the terms of this Agreement and you wish to claim a refund you must (a) certify that no copy of the Fonts remains in your possession or control and (b) provide proof of a valid sale and a valid sales receipt. All claims must be made within one (1) week of purchase.
4. LIMITED EMBEDDING. You are permitted to embed or otherwise include the Font outlines for PERSONAL USE ONLY. Uses that are commercial or professional in nature, such as, but not limited to, multi-media CD, DVD, or flash movies distributed physically or online requires the purchase of a special license. Professional users are permitted to create PDF documents using the Font Software provided the Font Software cannot be extracted. All embedded uses must prohibit or not provide for the extraction of the Font Software. If you are unsure how to prevent font extraction, review your embedding software prior to creating documents containing embedded copies of the Font Software. The sale of access to or the sale of any file containing an embedded copy of the Font Software is prohibited. If the ability to sell documents and/or files containing embedded copies of the Fonts is desired, the purchase of a license upgrade is required.
5. RESTRICTIONS. Except as may be otherwise expressly permitted by your specific License, you may not distribute, sell, modify, include, adapt, translate, reverse engineer, decompile, disassemble, alter the embedding bits, translate into other font formats or other formats for use with other forms of devices or otherwise copy and/or include the Pink Broccoli Types/Astigmatic (AOETI) Font Software or the design of the Font embodied therein without the express written consent of Pink Broccoli Types/Astigmatic (AOETI). All rights not expressly granted are reserved to Pink Broccoli Types/Astigmatic (AOETI). Any modifications, derivations and/or adaptations of the Font Software or the design embodied therein, requires the express permission of Pink Broccoli Types/Astigmatic (AOETI) which expressly reserves a right to create any such modifications, derivations or adaptations.
6. RIGHTS RESERVED. This Software is licensed, not sold, to you by Pink Broccoli Types/Astigmatic (AOETI), and is licensed for use in accordance with the terms of this Agreement. As a licensee, your ownership of the magnetic and/or optical media on which the Software is recorded, if any, is distinct from and does not grant any right, title or interest in and to the design of the Font or the Font Software itself. All copies of the Software downloaded or installed, including the copy(ies) of any Software that accompanies this document either as part of a downloaded file or on recorded media, such as, but not limited to, magnetic or optical media, remain the exclusive property of Pink Broccoli Types/Astigmatic (AOETI). The Pink Broccoli Types/Astigmatic (AOETI) Font Software and the design of the Font embodied therein are the exclusive property of Pink Broccoli Types/Astigmatic (AOETI) and are protected under both domestic and international copyright, trademark and unfair competition laws. You agree to credit Pink Broccoli Types/Astigmatic (AOETI) as the
trademark and copyright owner of the Pink Broccoli Types/Astigmatic (AOETI) Fonts and list the font names, used whenever and whenever design production or any other credits are shown. The various names of the Pink Broccoli Types/Astigmatic (AOETI) Fonts are the trademarks of Pink Broccoli Types/Astigmatic (AOETI). All other trademarks are the property of their respective owners, and may be registered in the United States and/or other jurisdictions. Direct any questions, in writing, to: Pink Broccoli Types/Astigmatic (AOETI), 8511 Benidorm Avenue, Las Vegas, Nevada 89178.
7. SERVICE BUREAUS. You may lend a copy of this Software to any service bureau or printer which you hire to output your film, paper or color proofs, or create plates for printing provided that they do not use the Font Software for any purpose other than outputting or printing your work. Upon completion of your job, the service bureau must delete the Font Software or purchase their own license for continued use of the Font Software with others.
8. OTHER RESTRICTIONS. Use of Pink Broccoli Types/Astigmatic (AOETI) Font Software and/or the design of the Font embodied therein in the following circumstances and/or applications are NOT permitted without a license upgrade. In order to obtain a license upgrade, you must contact Pink Broccoli Types/Astigmatic (AOETI) at [email protected] for more information. If you are unsure whether your use of Pink Broccoli Types/Astigmatic (AOETI) Font Software is specifically permitted under this Agreement, contact Pink Broccoli Types/Astigmatic (AOETI).
a) ALPHABET OR LETTERFORM-RELATED PRODUCTS; PERSONALIZED PRODUCTS FOR RESALE OR IN LETTERFORM CREATION PRODUCTS OR DEVICES;
b) BROADCAST ON TELEVISION, CABLE, OR THE INTERNET; COMMERCIAL EXHIBITION, or FILM;
c) EMBEDDING IN ELECTRONIC DEVICES; ALL GAMING DEVICES;
d) EMBEDDING IN SOFTWARE;
Letter form, Alphabet Products and Personalized Products includes, but are not limited to, scrapbooking uses involving reproductions of individual letterforms, including but not limited to digital alphabets (Alphas); adhesive sticker alphabet products; use in the creation of signage or numbering products; monogram products; rubber stamps; die-cut products, stencil products; tattoo, flash, or converted into software or by other means for the purposes of producing alphabet or letterforms by the use of sewing and/or embroidery machines; die-cut devices and plotters or any other product producing or containing any image of the letterforms or images derived from the design of the Font embodied in the Font Software of which any likeness of the alphabet can be reproduced where the letterform or alphabet product will be distributed or resold; on physical goods, by way of example only, T-shirts personalized for sale. For the purpose of clarity, these restrictions do not apply to laser or inkjet printers used for those purposes generally associated with design, graphic and industrial design or to sign-making facilities provided the end product is a finished, ready to use sign.
Broadcast, Exhibition, Internet and Film Usage includes, but is not limited to the use of the Font Software to create titling and/or credits for any broadcast via television, the Internet and/or cable and/or motion picture distribution and/or exhibition. For use in film or in television broadcasts and where a license has been granted, the terms of any such License are normally limited to an annual broadcast season or the initial release. Unless otherwise provided for, broadcast usage licensing must be renewed prior to following season (whether original or re-rerun, both foreign and domestic) to retain the granted license. Failure to renew a broadcast, exhibition and film usage license is a breach of this license causing significant monetary harm to Pink Broccoli Types/Astigmatic (AOETI). Additional licensing options are available.
Embedded in Electronic Devices includes, but is not limited to, the use of the Font Software for any on-screen display or in an electronic device. For example, and not by way of limitation, such electronic devices include electronic books, kiosks or gaming devices and some forms of gaming machines. Use of the Font in the creation of or as part of a Company Logo is permitted. Upon the purchase of a license upgrade the Font Software may be embedded and resident within an electronic device provided it cannot be extracted from the device. NOTE: This restriction may not apply to a laptop or notebook depending upon the license you purchased.
The embedding or other use of the Fonts or the outlines thereof, in software or other works distributed electronically and/or via physical media for sale is prohibited under this License. Any such use requires the express written permission by Pink Broccoli Types/Astigmatic (AOETI) and may or may not require the purchase of a license upgrade at the sole discretion of Pink Broccoli Types/Astigmatic (AOETI).
9. ARTWORK RESTRICTED. In the event any dingbats or other art work forms are part of the Font Software, use of the artwork is further restricted. You may not use artwork, drawings or dingbats for professional uses such as, but not limited to, goods for sale, in logo design, retail packaging or point of sale displays. Any such use requires the purchase of a license upgrade.
10. ONE BACK-UP. You are permitted to make a single back-up copy. The Pink Broccoli Types/Astigmatic (AOETI) Font Software or documentation may not be sublicensed, sold, leased, rented, lent, or given away to another person or entity.
11. DERIVATIVE WORKS PROHIBITED. You may not alter Font Software in any manner whatsoever. Reformatting the Font Software into other formats or for use in other operating systems is expressly prohibited. Altering or amending the embedding bits characteristics of the Font Software is expressly prohibited. The Font Software may not be used to create or distribute any electronic document in which the Font Software, or any part thereof, is embedded in a format that permits editing, alterations, enhancements, or modifications by the recipient of such document. You hereby agree not to transmit any electronic document to any party that intends to “hack,” edit, alter, enhance, or otherwise modify or remove the Font Software any document. Derivative works based upon the Pink Broccoli Types/Astigmatic (AOETI) Font Software may not be sublicensed, sold, leased, rented, lent, or given away without written permission from Pink Broccoli Types/Astigmatic (AOETI). Pink Broccoli Types/Astigmatic (AOETI) shall not be responsible for unauthorized, modified and/or improperly regenerated, adapted or translated software or derivative works.
12. TERMINATION. Any breach of the terms of this Agreement shall be cause for termination of this License. In the event of termination, and without limitation of any remedies under law and equity, you agree to immediately return the Font Software to Pink Broccoli Types/Astigmatic (AOETI) and certify that no copy remains in your possession or control.
13. COMPLIANCE WITH LAWS. You shall be responsible for your compliance with all laws relating to the control of exports or the transfer of technology in connection with any use and distribution of the Font Software. The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or
disclosure by the government, governmental authorities, its employees or vendors may be subject to restrictions set forth in federal law and regulations. If applicable, you hereby agree to familiarize yourself and adhere to any applicable rule, regulation or statute that may apply. The contractor / manufacturer is Pink Broccoli Types/Astigmatic (AOETI), 8511 Benidorm Avenue, Las Vegas, Nevada 89178.
14. REVOCATION OF WARRANTIES. Subject to the representations and warranties stated herein, the Font Software is provided “AS IS” and without fiduciary obligation to you or other warranties of any kind and Pink Broccoli/Astigmatic (AOETI) hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PINK BROCCOLI TYPES/ASTIGMATIC (AOETI) DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE THE FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. THE FONT SOFTWARE IS NOT FAULT TOLERANT AND IS NOT INTENDED FOR USE IN THE CONTROL OR OPERATION OF DEVICES OR EQUIPMENT FOR MANUFACTURING, OR FOR USE IN NAVIGATIONAL DEVICES. UNDER NO CIRCUMSTANCES SHALL PINK BROCCOLI TYPES/ASTIGMATIC (AOETI) BE LIABLE TO YOU, OR ANY THIRD 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. Under no circumstances, subject to the conditions noted herein, shall Pink Broccoli Types/Astigmatic (AOETI)'s maximum liability to you or any third party exceed the replacement cost of Font Software or the provision of substitute software, at the sole discretion of Pink Broccoli Types/Astigmatic (AOETI).
15. OTHER LAW - CONSUMERS ONLY. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, implied warranties or implied warranties as they relate to sales to non-business purchases to consumers. ANY IMPLIED WARRANTY OR CONDITION CREATED BY LAW IS ONLY EFFECTIVE FOR A THIRTY (30) DAY WARRANTY PERIOD OR THE SHORTEST PERIOD ALLOWED BY ANY APPLICABLE RULE, LAW OR STATUTE. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE SHORTEST APPLICABLE WARRANTY PERIOD. The exclusions noted above may not apply to you. Otherwise, and to the extent permissible by law, you agree that all implied warranties are not to be effective for more than thirty (30) days.
16. GOVERNING LAW. This Agreement will be governed by the laws of the State of Nevada as applies to contracts entered into and wholly performed therein without application of its conflict of law provisions or the conflict of law provisions of any other jurisdiction. You hereby expressly consent to the personal jurisdiction of the local, state or federal courts selected by Pink Broccoli Types/Astigmatic (AOETI) for the hearing or resolution of any dispute or action arising out of or related to this License and you hereby further expressly waive any jurisdiction or venue defenses and agree to services of process by mail. All remedies are cumulative not exclusive.
17. COMPLETE AGREEMENT. You acknowledge that you have read this agreement and understand it and that by using the software you will be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Pink Broccoli Types/Astigmatic (AOETI) and you which supersedes any proposal or prior agreement, oral or written, and any other communications between Pink Broccoli Types/Astigmatic (AOETI) and you relating to the subject matter of this Agreement. No variation of the terms of this agreement or any different terms will be enforceable against Pink Broccoli Types/Astigmatic (AOETI) unless Pink Broccoli Types/Astigmatic (AOETI) gives its express written consent, including a written express waiver of the terms of this. If any provision of this agreement is held void or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions of this agreement will remain in full force and effect. Pink Broccoli Types/Astigmatic (AOETI) expressly reserves the right to amend or modify this License Agreement at any time and without prior notification.
18. LICENSE UPGRADES. License upgrades may be purchased for uses that are prohibited or otherwise restricted. All broadcast, film, commercial exhibition, large installations for business, enterprise or otherwise substantially unrestricted or unlimited uses of Pink Broccoli Types/Astigmatic (AOETI) Font Software will require a custom license agreement. You may contact Pink Broccoli Types/Astigmatic (AOETI) at [email protected] for custom licensing information.