Underware Desktop License Agreement
By downloading the Font Software you agree to be bound by the terms of the Underware Desktop License Agreement, also called the Underware End- User License Agreement. If you don’t agree: don’t download, install or use the fonts.
Underware grants you a non-exclusive, non-transferable license to use the Font Software and Documentation, provided that you agree to the following:
Article 1: Use of Font Software and restrictions
1-1 print use only
You are granted a non-exclusive right to use the Font Software to produce and display typefaces on a printer, typesetter, film recorder or other output device. If the Software will be installed on more computers (for example: desktop or laptop) than you are granted for, an additional license must be acquired for every additional computer from Underware. ‘Print use only’ means that this license doesn’t allow any kind of webfonts usage. See 1-3.
1-2 embedding? no.
Embedding of the Font Software is not permitted. If embedding of the Font Software is desired (e.g. on the internet or cd-rom), an additional license must be purchased. It is not allowed to embed the Font Software in a published document. There is however one exception: you may take a pdf with the embedded Font Software to a commercial printer for approval and production activities, provided that the secured pdf is in a read-only mode and that the extraction of the Font Software is prohibited. That document is only distributed to the printer or service bureau for use by the printer or service bureau.
1-3 webfonts? hell no!
The Underware Desktop License Agreement doesn’t allow any kind of webfont usage of the Font Software. An additional Webfont License Agreement has to be purchased to use Underware’s fonts via the css @font-face declaration.
1-4 licensed to one company
Each Underware font is licensed for one (1) entity (company or individual), from now on called the Licensee. It’s not possible for multiple companies to ‘share’ one license. Each separate entity needs to acquire its own license.
1-5 maximum amount of users
The amount of cpu’s (Computer Processing Units) you can install the Font Software on, is limited with Underware’s Desktop License Agreement. A single- user license agreement allows the installation on one (1) computer. If you want to install the Font Software on more cpu’s than you’ve registered for, you need to upgrade your license. Take care, upgrading additional users will cost some money.
1-6 logo usage
You may use our Font Software in a logo without any additional charge if the annual gross revenue of that company is less than € 3.000.000,– Additional licensing is needed for logo usage of companies who’s annual gross revenue exceeds this.
1-7 back-up copy
Underware grants you the right, exclusively for the purpose of protecting the Font Software and exclusively for yourself, to make one (back-up) copy of the Font Software.
1-8 no modifications
You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, alter, redigitize, convert or otherwise attempt to discover the source code of the Font Software. You agree not to reformat the font software, or to regenerate the font format into other formats.
1-9 just you and us
You shall not transfer the License Agreement issued to you, to a third party, neither partially, nor completely. This License Agreement is non-transferable, unless you have written permission from Under- ware. The Font Software or documentation may not be sublicensed, sold, leased, rented, lent, re-served or given away to another person or entity.
Article 2: Copyrights & Trademarks
You agree that the Font Software and Documentation, and all copies thereof, are owned by Under- ware, and such structure, organization, and code are valuable property of Underware. You acknowledge that the Font Software and the documentation is protected by the laws of the Netherlands, by the copyright and design laws of other nations and by other treaties. You agree to treat the Font Software as you would any other copyrighted material, such as a book.
You agree to use trademarks associated with the Font Software according to accepted trademark practice, including identification of the trademark owner’s name. Trademarks can only be used to identify printed output by the Font Software. The use of any trademark as herein authorized does not give you any rights on or to intellectual property rights in the Font Software, the documentation, and any associated trademarks.
Underware retains title and ownership of the Font Software, the media on which it is recorded, and all subsequent copies of the Font Software, regardless of the form or media in or on which the original and other copies may exist.
Article 3: Limited Warranty
3-1 return within 30 days
Underware warrants you that the Font Software will perform substantially in accordance with the Documentation for the thirty (30) day period following your receipt. Underware’s Font Software may not be returned unless defective. To make a warranty claim, you must return the Font Software to the location from which you obtained it along with a copy of your sales receipt within such thirty (30) day period. If the Font Software doesn’t perform substantially in accordance with the Documentation, the entire
and exclusive liability and remedy shall be limited to either, at Underware’s option the replacement of the Font Software, or the refund of the license fee you paid for the Font Software.
3-2 don’t blame us
Underware does not and cannot warrant the performance or results you may obtain by using the Font Software. The foregoing states the sole and exclusive remedies for Underware’s breach or warranty. Except for the foregoing limited warranty, Underware makes no warranties express or implied, as to non- infringement of third party rights, merchantability, or fitness for any particular purpose. In no event will Underware be liable to you for any consequential, incidental or special damages, including any lost profits, business interruption, loss of business information, lost data or lost savings. Even if an Underware representative has been advised of the possibility of such damages, or for any claim against you by any third party.
3-3 no claims or whatsoever
You agree to indemnify and hold Underware harmless from and against any claims or damage which may result from your breach of this License Agreement.
Article 4: Term
4-1 license ends if…
The license is effective until terminated. Underware has the right to terminate your license immediately if you fail to comply with any terms of this Agreement. In addition, Underware reserves the right to claim punitive damages. Upon such termination you will destroy the original and any copies of the Font Software and related documentation and cease all use of the Trademarks.
Article 5: Governing Law
5-1 viva hollanda!
This agreement will be governed by the laws in force in the Netherlands.
Article 6: Entire Agreement
6-1 if it’s still not clear…
You acknowledge that you have read this Agreement, understand it and that it is the complete and exclusive statement of your Agreement with Under- ware which supersedes any prior Agreement, oral or written, and any other communications between Underware and you relating to the subject matter of this Agreement, and that your obligations under this Agreement, shall inure to the benefit of the Under- ware licensors whose rights are licensed under this Agreement. C’est tout! Thanks.
Underware Desktop License Agreement, version 1.5 (18 Sept 2012)