(TAF) TypeArt® Foundry -- Standard License Agreement
IMPORTANT NOTICE: TYPEART® FOUNDRY (TAF) IS WILLING TO LICENSE THE LICENSED PRODUCT TO LICENSEE ONLY ON THE CONDITION THAT LICENSEE ACCEPTS THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BY PLACING AN ORDER FOR AND ACCEPTING TAF FONT SOFTWARE (ELECTRONIC DATA), OR BY DOWNLOADING THE SOFTWARE AND CLICKING THE "I ACCEPT" BUTTON (OR SIMILAR ONLINE ACCEPTANCE MECHANISM) ACCOMPANYING THIS LICENSE, LICENSEE ACKNOWLEDGES THAT IT HAS READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTANDS THEM, AND AGREES TO BE BOUND BY THEM.
1. Grant of License. In consideration of payment of the license fee, included in the price paid by the Licensee for this product, the Licensor grants to the Licensee a non-exclusive right to use this product, which consists of electronic data to display and output PostScript®, TrueType® or OpenType® typefaces. This electronic data may be installed on a single (1) CPU. If you are using this product with more than one (1) CPU, you are required to obtain a Multi-User License for the appropriate number of CPUs/Users, unless the additional CPU(s) are only to be accessed by the same initial user, for example, on a home and work computer of the licensee. (See Multi-User Licenses section below).
The terms of this Agreement are contractual in nature and not mere recitations.
When you order TypeArt® Foundry fonts you are able to purchase your Multi-User License(s) at the same time. Please refer to important information regarding Special Font Licensing requirements in Section 4. PERMITTED USES.
1 (a). License Extensions. You are able to add additional Multi-User Licenses for the same font products for a period of three (3) years from the date of your original purchase.
1 (b). Multi-User Licenses
There is a new price structure for the pricing of Multi-User Licenses coming down the pipeline. But for the present, TAF calculates Multi-User Licenses purchased through the TAF website based on the following formula:
Multi-User pricing = Price of Font(s) + (number of fonts x number of additional users x $2.50)
e.g. Multi-User pricing for 10 users of a 4-font, $64 family =
$64 + (4 x 9 x $2.50) = $154 (that's 9 additional users in addition to the single user covered by the $64)
2. OWNERSHIP. TAF retains intellectual property rights, title and ownership of any of its electronic data provided. This title and ownership extends to copies of the data installed on any computer, downloaded to any output device, or retained on other media by the Licensee as a backup. This license does not constitute an exclusive sale of the original product to the Licensee.
This Agreement does not grant you any right to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, franchises or licenses in respect of the electronic data. No rights are granted to you other than a License to use the electronic data on the terms expressly set forth in this Agreement.
The Licensee further acknowledges and agrees that the structure, organization and code of the font software are valuable trade secrets and confidential information of TAF. The font software is protected by copyright including without limitation, by United States Copyright Law, Canadian Copyright Law, international treaty provisions, and applicable laws in the jurisdiction of use.
3. COPY RESTRICTIONS. This product is copyrighted and contains proprietary information and trade secrets of TAF. Unauthorized copying of this product is expressly forbidden. You are permitted to create backups of the font software, provided that: (a) they are stored only at the site where this product is licensed, and (b) the full copyright information is included with each backup copy. You may be held legally responsible for any infringement of TAF's intellectual property rights that is caused or encouraged by your failure to abide by the terms of this Agreement.
4. PERMITTED USES. This product is licensed only to the Licensee, and may not be transferred or sublicensed to any third party at any time without the prior written consent of TAF. You may not modify, translate, adapt, alter, decompile, disassemble, decrypt, reverse engineer, change or alter the embedding bits, the font name, legal notices contained in the font software, nor seek to discover the source code of the font data, convert into another font format, create bitmaps, add or subtract any glyphs, symbols or accents, or any other derivative works based on the electronic data in this product.
Licensee may not supply, directly or indirectly, any TAF font data to any other firm, business or individual for any type of modifications or updates whatsoever. If the Licensee needs to modify or update the font data in anyway in the future, TAF (Licensor) solely will perform and invoice this additional work at its normal prevailing rates.
You may not duplicate, modify, adapt, translate or create derivative works based on the printed materials that may have been supplied with this product. It is a breach of this license agreement to use the product in any way that infringes the rights of any third party under copyright, trademark, patent or any other laws. In the event of infringing uses by Licensee, this license immediately terminates and Licensee is solely responsible for any such infringing uses including all legal and other damages that may be incurred.
PDF embedding of the font software into PDF documents is only permitted in a secured read-only mode that allows only printing and viewing, and prohibits editing, selecting, enhancing or modifying the text. Licensee must ensure that recipients of PDF documents cannot extract the TAF font software from such PDF documents or use the embedded font software for editing purposes or for the creation of new documents. This type of embedding may only be used in a non-commercial, not-for-profit scenario. If you are unable to limit access to the document to "printing and viewing" only, then the electronic document(s) may not be used on computers that are not Licensed Computers. Examples of non-commercial, not-for-profit permitted usage include PDF documents supplied to Service Bureaus, printers, or any documents that disseminate personal, internal or business information.
With the purchase of a Special Font License upgrade (see below), you may, for example, embed and subset the font software into digital for-profit commercial documents, or choose the appropriate Special Font License upgrade for a host of other uses and applications.
Special Font Licensing
All commercial for-profit usage requires a Special Font License upgrade and is available for the following scenarios: Web Servers, Web to Print technologies, Webfonts, editable PDFs, PowerPoint, Flash, Silverlight or other non-static files or situations where the font software is embedded or subset into electronic documents that permit editing, selecting, enhancing or other modification of the text. A Special Font License is also required for ePublishing, eBooks, eZines, conversion into any kind of Scalable Vector Graphics (SVG), bitmap fonts, digital news media, subscription services, iapps, ios, Android, handheld reader devices, proprietary reader devices, MOBI, OEM Licensing, motion pictures, videos, television, trailers, credits, acknowledgments, syndication, incorporating the font software into your hardware, software or any other products, such as application programs, electronic games, gaming devices, kiosks, LED displays or similar mediums, automotive displays, signage, alphabet products, scrapbook products or software, adhesive or rub on lettering, embroidery machines, plotters, printers, application software for broadcast graphics, such as Avid, Chyron, Harris, Vizrt, commercial merchandising and goods for sale, (such as clothing apparel and accessories), physical goods, unique branding situations, and any and all other unique or new applications or future technologies, irrespective of operating systems or platforms.
Important information regarding Special Font Licensing
All Special Font Licensing can only be approved, issued and administered directly from TAF. If you require further information or have any questions regarding Special Font Licensing please contact TypeArt Foundry directly.
5. LIMITED WARRANTY. If the media or the font software contained in this TAF product is found to be defective within 90 days of the date of delivery to the Licensee, TAF will provide suitable replacements at no charge to the Licensee, provided the Licensee can provide proof of purchase.
The entire risk of performance and quality of this product is with the Licensee. TAF does not warrant that this product will operate with all other software products, or that it will satisfy your requirements. TAF's entire liability to the Licensee will not extend beyond replacement of defective media or refund of the purchase price.
6. DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THIS PRODUCT IS PROVIDED "AS IS". TAF 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 PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TAF, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND LICENSEE MAY NOT RELY UPON ANY SUCH INFORMATION OR ADVICE. TAF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION AND LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THIS PRODUCT.
Because laws governing the exclusion or limitation of liability for consequential or incidental damages vary, the above limitation may not be applicable.
7. UPDATE REGISTRATION. At its option, TAF will, from time to time, provide updates of this product to Licensees.
8. TERMINATION. This Agreement is effective until terminated. This Agreement will terminate automatically without notice from TAF, if the Licensee fails to comply with any provision contained herein. Upon termination of this Agreement, the Licensee must: (a) destroy all copies of the electronic data, including the copy on the disk media originally provided in this product, (b) destroy all written materials provided with this product, if any, and (c) provide TAF with written verification that the product has been destroyed.
9. GENERAL. You agree to inform your employees or any other person having access to the TAF software and copies thereof, of the terms and conditions of this Standard License Agreement and to ensure that they shall strictly abide by these terms and conditions.
You agree that you will not export or re-export the Software in any form without the appropriate United States and foreign government licenses.
You agree not to sublicense, sell, lease or otherwise transfer the electronic data without the prior express written consent of TAF.
10. SEVERABILITY. If any provisions of this Agreement are held to be invalid, illegal or unenforceable, then such provision(s) shall be severed from it, and the validity, legality and enforceability of its remaining provisions shall not be affected or impaired.
11. WAIVER. Waiver of any right(s) at any time shall not constitute waiver of any right(s) at any future time.
12. LICENSE AGREEMENT. This Agreement represents the entire License Agreement between the Licensor and Licensee. This Agreement supersedes any other (TAF) TypeArt® Foundry -- Standard License Agreement which may have been included with the font software or previously displayed on the TAF or its Authorized Distributors' web sites. This Agreement may only be modified by TAF in writing that expressly states that such writing is intended to modify this License Agreement.
TAF expressly reserves the right to amend, modify or change this Standard License Agreement at any time and without prior notification.
For inquiries, please contact:
TypeArt® Foundry, P.O. Box 48611, Bentall Centre, Vancouver, BC V7X 1A3, Canada or e-mail: orders@TypeArt.com
"TypeArt" is a registered trademark of TypeArt® Foundry TypeArt® and the TypeArt® logo are the brand and trademark of TypeArt® Foundry
PostScript and Flash are registered trademarks of Adobe Systems, Inc.
TrueType, OpenType and Silverlight are registered trademarks of Microsoft Corporation.
All other brand or product names are the trademarks or registered trademarks of their respective holders and are duly recognized.
© 2017 TypeArt® Foundry (adapted from license drafted by International TypeFounders, Inc.)