Ascender Corporation End User License Agreement
Note: Click here for more information on various font license options, including
multi-workstation licenses, enterprise-wide licenses, and application server
licenses.
This Ascender Corporation End User Agreement (the "Agreement") becomes a binding
contract between you and Ascender Corporation when you click on the area marked
"OK" or "I Accept." If you do not wish to be bound by the Agreement, you cannot
access, use or download the Font Software. Please read all of the Agreement
before you agree to be bound by its terms and conditions.
You hereby agree to the following:
1. You are bound by the Agreement and you acknowledge that all Use (as defined
herein) of the Font Software (as defined herein) supplied to you by Ascender
is governed by the Agreement.
2. "Ascender" as used herein shall mean collectively Ascender Corporation, its
authorized distributors and suppliers.
3. "Font Software" as used herein shall mean software which, when used on an
appropriate device, generates the typefaces. Font Software includes all bitmap
representations of the typeface designs. Font Software includes permitted copies,
and related documentation.
4. "Licensed Computers" as used herein shall mean five (5) personal computers,
unless you specifically purchased the right from Ascender to use the Font Software
on more than five (5) personal computers. If you intend to use the Font Software
on more than five (5) personal computers, you may obtain a license from Ascender
(or its authorized distributor) for an additional fee. Your receipt will serve
as your record of the number of personal computers for which you are licensed
to use the Font Software.
5. "Use" of the Font Software shall occur when an individual is able to give
commands (whether by keyboard or otherwise) that are followed by the Font Software,
regardless of the location in which the Font Software resides.
6. "Personal or Internal Business Use" shall mean Use of the Font Software for
your customary personal or internal business purposes and shall not mean any
distribution whatsoever of the Font Software. "Personal or Internal Business
Use" shall not include any Use of the Font Software by persons that are not
members of your immediate household, your authorized employees, or your authorized
agents.
7. "Commercial Product" as used herein shall mean an electronic document or
data file created by Use of the Font Software which is offered for distribution
as a commercial product in exchange for a separate fee or other consideration.
By way of illustration and not by way of limitation, an electronic book or magazine
distributed for a fee shall be considered a Commercial Product; a document distributed
in connection with a commercial transaction in which the consideration is unrelated
to such document (for example, a business letter, a ticket for an event, or
a receipt for purchase of tangible goods such as clothing) shall not be considered
a Commercial Product.
8. You are hereby granted a non-exclusive, non-assignable, non-transferable
(except as expressly permitted herein) license to access the Font Software (i)
only in a Licensed Computer, (ii) only for your Personal or Internal Business
Use, and (iii) only subject to all of the terms and conditions of the Agreement.
You have no rights to the Font Software other than as expressly set forth in
the Agreement. You agree that Ascender owns all right, title and interest in
and to the Font Software, its structure, organization, code, and related files,
including all property rights therein such as copyright, design and trademarks
rights. You agree that the Font Software, its structure, organization, code,
and related files are valuable property of Ascender and that any intentional
Use of the Font Software not expressly permitted by the Agreement constitutes
a theft of valuable property. All rights not expressly granted in the Agreement
are expressly reserved to Ascender. You may not use or include the Font Software
as part of a Commercial Product, or any other hardware or software product,
without a separate license from Ascender authorizing you to do so.
9. You may install and Use the Font Software on a single file server for Use
on a single local area network ("LAN") only when the Use of such Font Software
is limited to the number of Licensed Computers for which you have a license.
The Font Software may not be installed or Used on a server that can be accessed
via the Internet or other external network system (a system other than a LAN)
by personal computers which are not Licensed Computers, unless you acquire a
license from Ascender granting you this specific right.
10. You may electronically distribute Font Software embedded in a "Personal
or Internal Business Use" document (that is, a document other than a "Commercial
Product" as defined herein) only when the Font Software embedded in such document
is distributed in a secure format that permits only the viewing, printing and
editing (and not the installing) of such Font Software. You may not embed Font
Software in a Commercial Product without a separate written license from Ascender,
for an additional fee. You may not alter or modify the embedding permission
contained within the Font Software.
11. You acknowledge that the Font Software is protected by the copyright and
other intellectual property law of the United States and its various States,
by the copyright and design laws of other nations, and by international treaties.
You agree to treat the Font Software as you would any other copyrighted material,
such as a book. You may not copy the Font Software, except as expressly provided
herein and you agree not to copy the design embodied within the Font Software.
Any copies that you are expressly permitted to make pursuant to the Agreement
must contain the same copyright, trademark, and other proprietary notices that
appear on or in the Font Software. You agree not to adapt, modify, alter, translate,
convert, or otherwise change the Font Software, or to create any derivative
works from Font Software or any portion thereof. You further agree not to use
Font Software in connection with software and/or hardware which creates any
derivative works of such Font Software. You agree not to reverse engineer, decompile,
disassemble, or otherwise attempt to discover the source code of the Font Software,
provided, however, that if you are located in a European Community member country
or any other country which provides rights materially similar to the rights
set forth in this proviso, you may reverse engineer or decompile the Font Software
only to the extent that sufficient information is not available for the purpose
of creating an interoperable software program (but only for such purpose and
only to the extent that sufficient information is not provided by Ascender upon
written request). 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 produced
by the Font Software. The use of any trademark as herein authorized does not
give you any rights of ownership in that trademark and all use of any trademark
shall inure to the sole benefit of the trademark owner. You may not change any
trademark or trade name designation for the Font Software.
12. You may not rent, lease, sublicense, give, lend, or further distribute the
Font Software, or any copy thereof, except as expressly provided herein. You
may transfer all your rights to use the Font Software to another person or legal
entity provided that (i) the transferee accepts and agrees to be bound by all
the terms and conditions of this Agreement, and (ii) you destroy all copies
of the Font Software, including all copies stored in the memory of a hardware
device. If you are a business or organization, you agree that upon request from
Ascender or Ascender's authorized representative, you will with thirty (30)
days fully document and certify that use of any and all Ascender Font Software
at the time of the request is in conformity with your valid licenses from Ascender.
13. You may make one back-up copy of Font Software for archival purposes only,
and you shall retain exclusive custody and control over such copy. Upon termination
of the Agreement, you must destroy the original and any and all copies of the
Font Software.
14. Ascender warrants to you that the Font Software will perform substantially
in accordance with its documentation for the ninety (90) day period following
delivery of the Font Software. To make a warranty claim, you must, within the
ninety (90) day warranty period, return the Font Software to the location from
which you obtained it along with a copy of your receipt or, if such Font Software
is acquired on-line, contact the on-line provider with sufficient information
regarding your acquisition of the Font Software so as to enable Ascender to
verify the existence and date of the transaction. If the Font Software does
not perform substantially in accordance with its documentation, the entire,
exclusive, and cumulative liability and remedy shall be limited to the refund
of the license fee you paid to Ascender to obtain delivery of the Font Software.
ASCENDER DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING
THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR
ASCENDER'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, Ascender
MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT
OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT WILL ASCENDER BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL,
INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS,
LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF ASCENDER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST
YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF ASCENDER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
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 an implied warranty may last, so the above limitations
may not apply to you. To the greatest extent permitted by law, any implied warranties
not effectively excluded by the Agreement are limited to ninety (90) days. Some
jurisdictions do not permit a limitation of implied warranties where the product
results in physical injury or death so that such limitations may not apply to
you. In those jurisdictions, you agree that Ascender's liability for such physical
injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000),
provided that such jurisdictions permit a limitation of such liability. This
warranty gives you specific legal rights. You may have other rights that vary
from state to state or jurisdiction to jurisdiction. The Font Software is nonreturnable
and nonrefundable.
15. The Agreement will be governed by the laws of Illinois applicable to contracts
wholly entered and performable within such state. All disputes related to the
Agreement shall be heard in the Circuit Court of Cook County, Illinois, U.S.A.
or the United States District Court for the Northern District of Illinois, Chicago,
Illinois U.S.A. Both you and Ascender agree to the personal jurisdiction and
venue of these courts in any action related to the Agreement. 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. If any part of
this Agreement is found void and unenforceable, it will not affect the validity
of the balance of the Agreement, which shall remain valid and enforceable according
to its terms.
16. The Agreement shall automatically terminate upon failure by you (or any
authorized person or member of your immediate household to whom you have given
permission to Use the Font Software) to comply with its terms. The termination
of the Agreement shall not preclude Ascender from suing you for damages of any
breach of the Agreement. The Agreement may only be modified in writing signed
by an authorized officer of Ascender. You agree that the Font Software will
not be shipped, transferred or exported into any country or used in any manner
prohibited by the United States Export Administration or any applicable export
laws, restrictions or regulations.
17. You have the rights expressly set forth in the Agreement and no other. All
rights in and to the Font Software, including unpublished rights, are reserved
under the copyright laws of the United States and other jurisdictions. All rights
reserved. Notwithstanding the foregoing, to the extent that any law, statute,
treaty, or governmental regulation shall be deemed by a court of competent jurisdiction
to provide you with any additional or different rights from those provided herein
and such rights shall be deemed non-waiveable as a matter of law and to supersede
the rights specifically provided herein, then such law, statute, treaty, or
governmental regulation shall be deemed to be made a part of the Agreement.
To the extent that any such rights created by any law, statute, treaty or governmental
regulation are waiveable, you agree that your acceptance of the Agreement shall
constitute an effective and irrevocable waiver of such rights. The Agreement
may be enforced by Ascender or by an authorized dealer acting on behalf of Ascender.
18. If this product is acquired under the terms of a (i) GSA contract: use,
reproduction or disclosure is subject to the restrictions set forth in the applicable
ADP Schedule contract, (ii) DOD contract: use, duplication or disclosure by
the Government is subject to the applicable restrictions set forth in DFARS
252.277-7013; (iii) Civilian agency contract: use, reproduction, or disclosure
is subject to FAR 52.277-19(a) through (d) and restrictions set forth in the
Agreement.
Monotype Imaging Inc. (USA)
25 Northwest Point Blvd, Suite 525
Elk Grove Village, IL 60007
United States
Phone: +1 (847) 631-1100
For Font Licensing Inquiries - Option 2
Office Hours: 9AM – 5PM Monday - Friday
http://www.ascendercorp.com
"Ascender" is a trademark of Ascender Corporation registered in the U.S. Patent
and Trademark Office and elsewhere. All other trademarks are the property of
their respective owners. All trademarks and copyrights are property of their
respective owners.
Revised 27 February, 2007