URW++ Design & Development GmbH License Agreement
URW++ Software License
NOTICE TO USER; BY OPENING THIS PACKAGE YOU ACCEPT ALL THE TERMS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this Agreement, promptly return this package, UNOPENED, to URW++ or the location where you obtained it.
This package contains URW++ Software, that means: software, electronic data describing alphabet characters, and software assisting in the use of digital typefaces. In return for acquiring a license to use the URW++ Software and related documentation, you agree to the following terms and conditions:
1. Use of URW++ Software. You are granted a non-exclusive, single user right to use the URW++ Software on up to five (5) computers. If the software will be installed on more than five (5) hard disks and will be used by several systems, an additional license must be acquired for each additional system from URW++. URW++ does not guarantee that the software will work adequately in an environment with many systems. URW++ reserves all rights not expressly granted to you under this license Agreement. The physical media on which the software has been copied is your own property. The software is solely for use in your own business or for your own personal use.
Embedding of the URW++ Font Software into electronic documents or internet pages is permitted in a secured "Editable / Preview / Print" mode. Licensee must ensure that recipients of electronic documents or internet pages cannot extract the URW++ Font Software from such documents or use the embedded URW++ Font Software for the creation of new documents.
2. Proprietary Rights and Obligations. The URW++ Software is the valuable property of URW++. You will not make or have made, or permit to be made, any copies of the URW++ Software, documentation, or any portions thereof, except one (1) copy solely for backup purposes or such copies as are necessary for the installation of the URW++ Software in accordance with the terms of this Agreement. Any such copies of the URW++ Software shall contain the same propriety notice which appear on or in the URW++ Software.
You agree not to modify, adapt, translate, rent, lease, lend, resell, distribute, produce, reverse engineer, decompile, disassemble, redigitize or create derivative works or typefaces based on the URW++ Software or the typefaces created electronically or in hard copy form as a result of the use of the URW++ Software.
Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner` s name. Trademarks can only be used to identify printed output produced by the URW++ Software.
3. Assignment. You may assign your rights under this Agreement to a third party who agrees in writing to be bound by this Agreement prior to the assignment provided that you transfer all copies of the URW++ Software and related documentation to the third party or destroy any copies not transferred. Except as set forth above, you may not assign your rights under this Agreement. You agree that the URW++ Software will not be shipped, transferred, or exported into any county.
4. NO Other Rights. URW++ retains title and ownership of the URW++ Software, the media on which it is recorded, and all subsequent copies of the URW++ Software, regardless of the from or media in or on which the original and other copies may exist. Except as stated above, this Agreement does not grant you any rights to trademark or any other intellectual property rights in the URW++ Software or in any typeface design. In the event your use of this software is found to infringe on the intellectual property rights of any third party, in any jurisdiction, you will crease use of such software in such jurisdiction or you will secure any and all additional rights necessary for such use in such jurisdiction. The use of any trademark by URW++ in description of comparable typefaces or industry naming conventions does not convey any right to use of such trademark, and any such trademarks remain the property of their respective owners.
5. Term. The license is effective until terminated. URW++ has the right to terminate your license immediately if you fail to comply with any term of this Agreement. In addition, URW++ reserves the right to claim punitive damages. Upon such termination you will destroy the original and any copies of the URW++ Software and related documentation and cease all use of the trademarks.
6. Limited Warranty. URW++ warrants the physical media upon which the URW++ Software was furnished to you to be free of defects in workmanship and manufacture for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt. URW++`s entire liability and your exclusive remedy as to such physical media shall be replaced if the physical media that does not meet URW++`s Limited Warranty is returned to URW++ with a copy of the receipt. If failure of any physical media has resulted from accident, abuse, or misapplication, URW++ shall have no responsibility to replace the physical media. Any replacement of physical media will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE URW++ SOFTWARE AND DOCUMENTATION ARE PROVIDED “ AS IS ” . URW++ DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE URW++ SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR URW++` s BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, URW++ MAKES NO WARRANTIES EXPRESSED OR IMPLIED AS TO NON - INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. URW++ 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 PARTYICULAR PURPOSE.
7. Limit of Liability. In no event will URW++ be liable to you for consequential or incidential damage (including damage from loss of business profits or savings, business interruption, loss of business information, and the like) or for claim by any party arising out of the use of or inabilitiy to use the URW++ Software, even if URW++ has been advised of the possibility of such damage.
8. Indemnifiction. You agree to indemnify and hold URW++ and URW++` s suppliers harmless from and against any claims or damage which may result from your breach of this License Agreement.
9. Governing Law. This Agreement will be governed by the laws in force in the Federal Republic of Germany.
10. Entire Agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF YOUR AGREEMENT WITH URW++ WHICH SUPERSEDES ANY PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN URW++ AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND THAT YOUR OBLIGATIONS UNDER THIS AGREEMENT SHALL INURE TO THE BENEFIT OF URW++ LICENSORS WHOSE RIGHTS ARE LICENSED UNDER THIS AGREEMENT. NO VARIATION OF THE TERMS OF THIS AGREEMENT WILL BE ENFORCEABLE AGAINST URW++ UNLESS URW++ GIVES IT EXPRESSED CONSENT IN WRITING SIGNED BY AN OFFICER OF URW++.
URW++ Design & Development GmbH
Poppenbütteler Bogen 36
Tel. +49 (40) 606050
Fax +49 (40) 60605111