Emigre Fonts Software License Agreement
By downloading and/or installing Emigre Fonts software you agree to the following terms:
If you are entering this Agreement on behalf of your employer, the terms and conditions recited herein apply to your employer as well as to you as a representative of your employer. Should you cease working for your employer, you will no longer be entitled to use the Emigre Font Software, but your employer will continue to be the license holder.
1. The Emigre Font Software is licensed for use at one (1) location with a maximum of five (5) devices.
2. Use of the Emigre Font Software at more than one (1) location or with more than five (5) devices requires a Multi-Device Site License upgrade. A device may be, but is not limited to, a printer, rasterizer, video display terminal, CPU, workstation or any device where the font software is rasterized or display of the Emigre Font is generated from font software outlines using Adobe Type Manager or similar software. For example, a display terminal shall be considered a device if the Emigre Font outline is embedded or otherwise included for viewing by end users in a multimedia CD.
3. Except as permitted herein, you may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter or otherwise copy the Emigre Font Software.
4. You are permitted to make a single back-up copy. The Emigre Font Software or documentation may not be sublicensed, sold, leased, rented, lent, or given away to another person or entity. You may not place the Emigre Font Software on-line in a downloadable format, post the Emigre Font Software on any electronic bulletin board or on-line service.
5. The Emigre Font Software may be returned or exchanged only if defective. Defective software will be replaced when accompanied by a valid sales receipt and Emigre is notified within one (1) week of purchase.
6. You agree that any derivative works created by you from the Emigre Font Software, including, but not limited to, software, EPS files, or other electronic works, are considered derivative works under U.S. Law and use of the derivative work is subject to the terms and conditions of this License Agreement. Derivative works may not be sublicensed, sold, leased, rented, lent, or given away without written permission from Emigre. Emigre shall not be responsible for unauthorized, modified and/or regenerated software or derivative works. Embedding of the Emigre Fonts Software in any form is strictly prohibited without an additional license.
7. The Emigre Font Software is protected under domestic and international trademark and copyright law. You agree to identify the Emigre fonts by name and credit Emigre's ownership of the trademarks and copyrights in any design or production credits.
8. Any breach of the terms of this Agreement shall be cause for termination. In the event of termination, and without limitation of any remedies under law and equity, you agree to immediately return the Font Software to Emigre and certify that no copy remains in your possession or control.
9. EMIGRE MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, EMIGRE SHALL IN NO EVENT BE LIABLE TO THE LICENSED USER OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT EVEN IF NOTIFIED IN ADVANCE. UNDER NO CIRCUMSTANCES SHALL EMIGRE'S LIABILITY EXCEED THE REPLACEMENT COST OF THE SOFTWARE.
FONT EMBEDDING
Embedding of the Emigre Fonts Software in digital documents or in any other form is governed by a separate license agreement. If an embedding license is desired, the licensee must represent and warrant that licensee's encryption of the embedded Emigre Fonts is secure enough to prevent any access or use by others. For more information regarding an Embedding License go to:
http://www.emigre.com/Embedding.php
LICENSE UPGRADES
The Emigre Font Software is licensed for use at a single location for use with a maximum five (5) devices. The Emigre Font Software may not be shared between locations or business entities. Each additional location and/or entity must purchase a separate license to be used in accordance with the terms of the Emigre Font Software License. License upgrades may be purchased for use with additional devices. The upgrade price is calculated as a percentage of the original price of the software. To determine the number of devices, add up all CPUs, workstations, printers, and other devices that use the fonts. The following is cumulative:
1 - 5 devices (standard license)
6 -10 devices: add 50 percent
11-50 devices: add 20% for each 5 devices
51-125 devices: add 15% for each 5 devices
126-250 devices: add 10% for each 5 devices
over 251 devices: add 5% for each 5 devices
Very large or unlimited uses of the Emigre Font Software will require a custom license agreement.
Some states or jurisdictions do not allow the exclusion or limitations of implied warranties and incidental, consequential or special damages. The exclusions or limitations contained in the Emigre Font Software License Agreement may not apply to you. Restrictions to exclusions and/or limitations of the Emigre Font Software License Agreement shall only be effective to the minimum extent permitted by your state or jurisdiction and only if required by your state or jurisdiction. Under no circumstances shall the exclusions and/or limitations of the Emigre Font Software License Agreement be greater than thirty (30) days after the date of purchase or the minimum time allowed by your state or jurisdiction, whichever is shorter. Thereafter, all the exclusions and/or limitations of the Emigre Font Software License Agreement shall apply. The Emigre Font Software License Agreement gives you specific legal rights and you may have other rights that vary from state to state.
This Standard License does NOT cover: Web fonts, Games, online greeting cards, or online applications. These require a special license and are quoted separately. Please send an email to: sales@emigre.com
|
 |
Embedding License Addendum
This Addendum is valid only in conjunction with the Emigre Fonts User License Agreement. Emigre will update and expand this license as necessary to accommodate new and changing technologies.
This Addendum allows for restricted distribution of portable digital documents, in Adobe Acrobat PDF format.
I. PDF EXCHANGE BETWEEN LICENSEES
While the Emigre Fonts EULA generally prohibits the embedding of fonts in digital documents, an exclusion is made if the licensee can guarantee that all recipients of the PDF (and embedded fonts) are covered by a user license from Emigre. For example, if a font user and the service bureau are both licensed for the fonts, then transfer of font embedded PDF files is allowed between these two parties.
PDFs containing embedded fonts may be exchanged freely between two parties, subject to the following conditions:
1. Both parties must be licensed for the fonts being embedded.
2. Subsetting must be used for any font embedding.
3. The PDF must have security set to allow only printing and viewing; it must prohibit changing, selecting, or adding.
II. PROOFING OR DIGITAL OUTPUT AT SERVICE BUREAU
A licensed font user may send a PDF file to an unlicensed third party, such as a service bureau, subject to the following conditions:
1.
One copy of any PDF file may be sent for the purpose of digital output by a service bureau, or for the purpose of proofing by a client or proofreader.
Under no circumstances shall anyone be allowed to further distribute, duplicate or make additional copies of the PDF.
2. Subsetting must be used for any font embedding.
3. The PDF must have security set to allow only printing and viewing; it must prohibit changing, selecting, or adding.
If a licensed user prefers to send editable pdf files to an unlicensed third party for the purpose of proofing or digital output at a service bureau, such third parties may be covered by extending the user's license with the appropriate number of users.
III. INTERNAL USE
Use of PDFs within a company is subject to the following conditions:
1. The use and distribution of each PDF must be limited to 100 workstations within the licensee's location, for which the fonts are licensed.
2. Subsetting must be used for any font embedding.
3. The PDF must have security set to allow only printing and viewing; it must prohibit changing, selecting, or adding.
The licensee assumes responsibility for any misuse that arises out of failure to meet the above conditions.
If additional embedding of Emigre Fonts is desired, the licensee must purchase an additional embedding license from Emigre based upon usage.
|