FontMesa Standard License Agreement
Software License and Conditions of Use:
By installing and using the font(s) Software constitutes an agreement between FontMesa Type Foundry and the original purchaser of the Fonts and agree to be bound by the terms of this agreement.
The terms and conditions of this agreement will be as follows.
1) Grant of License:
The purchase of this software grants to you (“user”) as licensee, the non-exclusive right to use and display a copy of the software on 5 computers, including desktop,notebook or laptop computers at one location including printers and or shared printer.
This software may not be installed on internet servers.
If you are using this product for your work, this agreement applies to your employer.
If this software needs to be used commercially on more than five computers at any given time, the user(s) must upgrade to a multi-system license.
2) ALL RIGHTS RESERVED:
The Font Software is the exclusive property of the Licensor. The Font Software contains copyrighted material, trade secrets and other proprietary material. The Font Software is protected under the laws of the United States and other International Treaty Provisions. This Agreement shall not be construed as transferring any rights other than those expressly permitted herein. Licensor reserves all copyrights, trademarks and any other form intellectual property rights in and to the Font Software.
All intellectual property rights in the Software are owned by FontMesa Type Foundry and are protected by United States copyright laws and international treaty provisions. You must treat the Software like any other copyrighted material, except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not loan, rent or lease the Software. You may not reverse engineer, decompile or disassemble the Software, except to the extent applicable law expressly prohibits this restriction.
4) Service Bureaus:
You may send a copy of any FontMesa font data along with your documents to a commercial printer or other service bureau to enable the editing or printing of your document, provided that such party agrees to delete the font or fonts from his/her/their system upon completion of your project.
You must include a printed copy of this license agreement along with the software to any service bureau.
You may not modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the FontMesa font data without FontMesa’s prior written consent. Reformatting or regenerating the font software for compatibility with another operating system is not permitted.
6) Embedding Restrictions:
You may not to create Portable Font Resources (PFRs) files with Bitstream’s TrueDoc as Dynamic Text for web page distribution.
You may embed fonts within PostScript files or Adobe Pdf (portable document files) files for distribution, viewing, and imaging to third parties as long as the document is set to read only, non-editable or print and preview thus protecting the font data from importation. If FontMesa fonts can be extracted, imported, edited and therefore transferred in any way, an additional license is required to account for each recipient of the document and font file(s) used in the document.
You may create Flash files as long as you Ctrl+B on the outlines and generate using Static Text.
Dynamic Text in Flash files is prohibited.
7) Piracy or Unauthorized Redistribution:
You agree not to re-distribute or resell copies of FontMesa font software in any format, including CD-ROM’s, internet applications, zip files in font archive web sites.
>>>Uploading to Bulletin Boards or Newsgroups is strictly prohibited<<<
Should you place this font onto any on-line service, newsgroup or bulletin board or by any other means cause it to be distributed as a usable font file then you are subject to a U.S. $10,000.00 redistribution fee. By downloading this font you are agreeing to this fee.
8) Transfer of Software to a new Licensee:
You may transfer the Software with a copy of this Agreement to another party on a permanent basis and only if the other party accepts the terms and conditions of this Agreement. Upon such transfer, you must include any hard copies of the software accompanied by all written materials and delete all copies of the software within your computer(s) including purging of the Recycle/Trash Bin.
9) COMPLIANCE WITH LAWS:
Licensee shall be responsible for compliance with all laws, foreign and domestic, including but not limited to, all United States laws and regulations relating to the control of exports or the transfer of technology.
10) OBLIGATIONS OF LICENSEE
Licensee shall use its best efforts to ensure that each user of the Font Software abides by the terms and conditions of this Agreement and the terms and conditions of Licensor’s CONDITIONS OF USE which is attached hereto and accompanies Font Software. Licensee further agrees to distribute to each Authorized User of the Font Software a copy of the Licensor’s CONDITIONS OF USE. Licensee may copy the CONDITIONS OF USE as necessary to ensure distribution to each Authorized User of the Font Software.
This Agreement will immediately and automatically terminate without notice if you fail to comply with any condition of this Agreement. If this Agreement is terminated, you agreed to destroy all copies of the font data in your possession.
12) Update Policy:
Over time updated font data may become available and offered to registered users.
Product upgrade pricing may apply.
13) Limited Warranty
FONTMESA AND ITS SUPPLIERS WARRANT THAT THE DISTRIBUTED SOFTWARE IS FREE FROM DEFECTS FOR A PERIOD OF NINETY DAYS FROM TIME OF RECEIPT. ANY AND ALL OTHER IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO NINETY (90) DAYS.
THIS LIMITED WARRANTY IS VOID IF FAILURE OF THE SOFTWARE HAS RESULTED FROM ACCIDENT, ABUSE, OR MISAPPLICATION. ANY REPLACEMENT SOFTWARE WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD.
14) Limitation of Liabilities
IN NO EVENT WILL FONTMESA TYPE FOUNDRY, ITS SUPPLIERS AND LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, USER DOCUMENTATION OR RELATED TECHNICAL SUPPORT, INCLUDING WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FONTMESA TYPE FOUNDRY, ITS SUPPLIERS AND LICENSORS' LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long and implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days. This warranty gives you specific legal rights. You may have other rights, which vary from state to state or jurisdiction to jurisdiction.
15) This Agreement constitutes the entire understanding between the parties and supersedes all previous agreements, promises, representations and negotiations between the parties concerning the Font Software.
This agreement is governed by the laws of the United States of America and the State of Illinois.
The agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.