Font Software For Desktop End User License Agreement.
WE RECOMMEND THAT YOU PRINT THIS FONT SOFTWARE FOR DESKTOP END USER LICENSE
AGREEMENT FOR FURTHER REFERENCE.
This Font Software For Desktop End User License Agreement (the Agreement) is
a legal agreement between you and The Type Founders, LLC dba Lipton Letter Design that governs
the use of the Font Software that you license from The Type Founders, LLC dba
Lipton Letter Design, and which are accompanied by or refer to this Agreement. This
Agreement becomes a binding contract between you and The Type Founders, LLC
dba Lipton Letter Design when you click on the area marked ACCEPT LICENSE AGREEMENT, or
similar language or when you accept the Agreement by other means (for instance
referring to the Agreement in a purchase order, a confirmation email etc.). If
you do not wish to be bound by the Agreement, you cannot access, use or download
the Font Software. Please read this entire Agreement before agreeing to be bound.
The Agreement contains capitalized terms that are defined in Section 9 of the
Agreement.
You hereby agree to the following:
1. Binding Agreement.
You are bound by the Agreement and you acknowledge that all use of the Font
Software supplied to you by The Type Founders, LLC dba Lipton Letter Design for the purposes
set forth under this Agreement is governed by this Agreement.
2. License Grants.
You are hereby granted, subject to all of the terms and conditions herein, a
worldwide (subject to the Export section of The Type Founders, LLC dba Lipton Letter Design’s standard Terms and Conditions of Business), non-exclusive, non-assignable,
non-transferable (except as expressly permitted herein) license to allow your
Licensed Desktop Users to:
a. install the Font Software on such Licensed Desktop User’s Workstation(s);
b. install the Font Software on a Server on which the Font Software may only
be accessed by your Licensed Desktop Users;
c. Use the Font Software on such Workstations or via such Server to: (i)
create, edit, view, print and distribute materials, provided that, (a) if
you distribute such materials, the materials do not contain the Font
Software, and (b) if you create a static graphic image with a representation
of a typeface and typographic design or ornament, such static graphic image
does not correspond to glyphs or glyph combinations of the Font Software
which are individually addressed by software, a website, a hardware device
or other means to render such designs and ornaments; and/or (ii) embed the
Font Software into Electronic Documents and duplicate the Font Software as
an integrated part of any such Electronic Document, provided that Electronic
Documents with embedded Font Software may only be distributed if (a) they
are not Commercial Electronic Documents and (b) the Font Software cannot be
fully or partially extracted from such Electronic Documents. (For
distribution rights of Commercial Electronic Documents with embedded Font
Software, a Commercial Electronic Document license is required); and
d. make backup copies of the Font Software, provided that such copies are
for your internal back up purposes only and remain in your exclusive
control. Any copies that you are expressly permitted to make pursuant to
this Agreement must contain the same copyright, trademark, and other
proprietary notices that appear on or in the Font Software.
You may embed the Font Software in an Electronic Document solely for print
and view and provide such Electronic Document to a commercial printer for
printing only. You may take a copy of the Font Software used for a
particular Electronic Document to a commercial printer provided that the
printer represents to you that it has purchased or been granted a license to
use that particular Font Software.
Trademarks. Although use of the Trademarks is not required,
if you elect to do so, you may use the Trademarks (i) in your advertising, publicity,
literature, packaging and other promotional activities in connection with the
Font Software incorporated into your products or materials, and (ii) to identify
the Font Software that is/are embedded in or accessed through your products or
materials as permitted by this Agreement. You acknowledge that The Type Founders,
LLC dba
Lipton Letter Design or its licensors own all right, title and interest in and to the Trademarks.
All rights not expressly granted in this Agreement are reserved to The Type
Founders, LLC dba Lipton Letter Design.
3. License Limitations and Reporting.
The maximum number of Licensed Desktop Users who may exercise the rights
granted to you on your behalf may not exceed the number of Licensed Desktop
Users indicated in your Account or transaction documentation such as a
receipt or an invoice when licensing the Font Software. You are responsible
for compliance with the terms of this Agreement by all such Licensed Desktop
Users.
You have licensed rights in this Agreement that may be subject to certain
limitations in volume, which are reflected in your Account or in your
transaction documentation such as a receipt or an invoice. You are obligated
to maintain records with respect to your Use of the Font Software against
such licensed amounts and The Type Founders, LLC dba Lipton Letter Design has the right
to ask you, from time to time, to provide information regarding such Use amounts
and/or to fully document and certify that Use of any and all Font Software at
the time of the request is in conformity with your valid licenses from The Type
Founders, LLC dba Lipton Letter Design, which you shall provide to us within 30 days of
our request. In the event your Use of the Font Software exceeds your
licensed amounts, you agree to license from The Type Founders, LLC dba Lipton Letter Design the necessary additional amounts and pay any fee associated with such increase.
4. Restrictions on Use.
You may not:
a. Transfer your license rights in the Font Software, 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 the Agreement,
(ii) you destroy all copies of the Font Software, including all copies
stored in the memory of a hardware device and (iii) there is no change to
the intent or scope of the rights granted by this Agreement as a result of
such transfer.
b. Rent, lease, sublicense, give, lend, or further distribute the Font
Software, or any copy thereof, except as expressly provided herein.
c. Modify the Font Software in any way, including to create, directly or
indirectly, Derivative Works from the Font Software or any portion thereof
(except as otherwise specifically set forth herein). If the Font Software
contains embedding bits that indicate that the Font Software is only
authorized for certain purposes, you may not change or alter the embedding
bits.
d. Embed the Font Software in open source software which may have the direct
or indirect effect of causing the Font Software to become Publicly Available
Software or otherwise be subject to a Publicly Available Software agreement.
5. Intellectual and Industrial Property Rights.
You agree that the Font Software is protected by the copyright law or other
intellectual and industrial property rights of the United States and its
various States, by the copyright law and other intellectual and industrial
property rights of other nations, and by international treaties.
You agree that The Type Founders, LLC dba Lipton Letter Design owns all right, title, and
interest in and to the Font Software, its structure, organization, code, and
related files, including all intellectual and industrial 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 The Type Founders, LLC dba Lipton Letter Design
and that any intentional or negligent Use of the Font Software not expressly
permitted by the Agreement constitutes an infringement of intellectual and industrial
property rights.
All rights in and to the Font Software, including unpublished rights, are
reserved under the copyright laws of the United States and other
jurisdictions.
6. Limited Warranty; Limitation of Liability.
The Type Founders, LLC dba Lipton Letter Design warrants to you that the Font Software will
effect a faithful reproduction of the underlying typeface design which is of
a quality consistent with industry standards. To make a warranty claim, you must
notify The Type Founders, LLC dba Lipton Letter Design in text form within the Warranty
Period, which could include via an email to [email protected] and provide sufficient information regarding your licensing of the Font Software
so as to enable The Type Founders, LLC dba Lipton Letter Design to verify the existence
and date of the transaction. The entire, exclusive, and cumulative liability
and remedy shall be that The Type Founders, LLC dba Lipton Letter Design will use reasonable
efforts to cause the Font Software to effect a faithful reproduction of the underlying
typeface design which is of a quality consistent with industry standards as soon
as commercially practicable. THE TYPE FOUNDERS, LLC DBA LIPTON LETTER DESIGN DOES
NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE.
THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR THE TYPE FOUNDERS, LLC
DBA LIPTON LETTER DESIGN’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING
LIMITED WARRANTY, THE TYPE FOUNDERS, LLC DBA LIPTON LETTER DESIGN MAKES NO REPRESENTATIONS
OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL THE
TYPE FOUNDERS, LLC DBA LIPTON LETTER DESIGN 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 THE TYPE FOUNDERS, LLC DBA LIPTON LETTER DESIGN 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 THE TYPE FOUNDERS, LLC DBA
LIPTON LETTER DESIGN DOES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination.
Upon failure by you or your Licensed Desktop User to comply with the terms
of this Agreement, The Type Founders, LLC dba Lipton Letter Design shall be entitled to
terminate this Agreement upon notice by regular mail, paid carrier or email.
Upon termination of the Agreement, you must destroy the original and any and
all copies of the Font Software. The termination of the Agreement shall not preclude
The Type Founders, LLC dba Lipton Letter Design 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 The Type Founders, LLC dba Lipton Letter Design.
8. Terms and Conditions.
You have separately agreed to The Type Founders, LLC dba Lipton Letter Design’s
standard Terms and Conditions of Business which include provisions relating to
governing law and jurisdiction, export restrictions and U.S. government contracts.
In the case of a conflict between The Type Founders, LLC dba
Lipton Letter Design’s standard Terms and Conditions of Business and this Agreement,
this Agreement shall control.
9. Definitions:
Account means your account at the The Type Founders, LLC dba
Lipton Letter Design website through which you purchased the Font Software license that
is subject to the terms of this Agreement.
Commercial Electronic Document means an electronic document
which may be distributed to the general public (or to some subset of the general
public) as a commercial product for a fee or other consideration (for example,
an e-book). For the avoidance of doubt, an electronic document that is created
for one’s own internal use only or for distribution in a manner that is incidental
to its business (for example an instruction manual that explains its product),
is not considered a Commercial Electronic Document under this Agreement.
Derivative Work means a work, including but not limited to software
or data based upon or derived from the Font Software (or any portion of Font
Software) in any form in which such software or data may be recast, transformed,
or adapted including, but not limited to, binary data in any format into which
Font Software may be converted.
Electronic Document means an electronic document or data file,
for example a .pdf manual or an e-book, which is created by Use of the Font Software.
Font Software means software or instructions which, when used
on an appropriate device or devices, generates typeface and typographic designs
and ornaments. Font Software shall include all Subsets and bitmap representations
of typeface and typographic designs and ornaments created by or derived from
the Font Software. Font Software includes upgrades or updates (each of which
may be provided to you by The Type Founders, LLC dba Lipton Letter Design in its sole discretion),
related files, permitted modifications, permitted copies, and related documentation.
Licensed Desktop User means any user up to the number of individuals
who may exercise the license grants to the Font Software under this Agreement,
as indicated in your Account or transaction documentation such as a receipt or
an invoice, whether or not such user does actually exercise such rights. Licensed
Desktop Users must be your employees. The number of Licensed Desktop Users shall
be counted regardless of whether and when actual Use occurs and thus equal the
total of all individuals who are authorized and can potentially Use the Font
Software during the Term (non-concurrent use).
Publicly Available Software means a) any software that contains,
or is derived in any manner (in whole or in part) from, any software that is
distributed as free software, open source software (e.g. Linux) or similar licensing
or distribution models; and (b) any software that requires as a condition of
use, modification and/or distribution of such software that such software or
other software incorporated into, derived from or distributed with such software
(i) be disclosed or distributed in source code form, (ii) be licensed for the
purpose of making Derivative Works, or (iii) be redistributable at no charge.
Server means any server that is either (a) maintained on your
premises; (b) under your exclusive control; or (c) owned and controlled by a
third party hosting service for your benefit, provided that you (i) have a written
agreement regarding the Use and protection of the Font Software installed on
such server, and (ii) shall remain responsible for any unauthorized access to
and security of the Font Software on such Server.
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.
Use of the Font Software shall also occur when the software or instructions are
executed.
Workstation means a hardware component in which an individual
is able to give commands (whether by keyboard or otherwise) that are followed
by the Font Software or implement the Font Software, regardless of the location
in which the Font Software resides.
Warranty Period means the period of validity of the warranties
given by The Type Founders, LLC dba Lipton Letter Design in this Agreement. The Type Founders,
LLC dba Lipton Letter Design’s standard Warranty Period is ninety (90) days from
delivery.
Font Software For Applications End User License Agreement.
WE RECOMMEND THAT YOU PRINT THIS FONT SOFTWARE FOR APPLICATIONS END USER
LICENSE AGREEMENT FOR FURTHER REFERENCE.
This Font Software For Desktop End User License Agreement (the Agreement) is
a legal agreement between you and The Type Founders, LLC dba Lipton Letter Design that governs
the use of the Font Software that you license from The Type Founders, LLC dba
Lipton Letter Design, and which are accompanied by or refer to this Agreement. This
Agreement becomes a binding contract between you and The Type Founders, LLC
dba Lipton Letter Design when you click on the area marked ACCEPT LICENSE AGREEMENT, or
similar language or when you accept the Agreement by other means (for instance
referring to the Agreement in a purchase order, a confirmation email etc.). If
you do not wish to be bound by the Agreement, you cannot access, use or download
the Font Software. Please read this entire Agreement before agreeing to be bound.
The Agreement contains capitalized terms that are defined in Section 9 of the
Agreement.
You hereby agree to the following:
1. Binding Agreement.
You are bound by the Agreement and you acknowledge that all use of the Font
Software supplied to you by The Type Founders, LLC dba Lipton Letter Design for the purposes
set forth under this Agreement is governed by this Agreement.
2. License Grants.
You are hereby granted, during the Term and subject to all of the terms and
conditions herein, a worldwide (subject to the Export section of The Type
Founders, LLC dba Lipton Letter Design’s standard Terms and Conditions of Business),
non-exclusive, non-assignable, non-transferable (except as expressly permitted
herein) license to:
a. incorporate the Font Software into an iOS, Android or Windows Phone
Application, in a manner in which the Font Software cannot be fully or
partially extracted, provided (i) that the Application does not allow End
Users to use the Font Software for authoring purposes (e.g. in an
Application that provides office functionality such as word processing or
presentation design or that allows users to create graphic designs or
merchandising) and/or (ii) its primary purpose is not to replace the Font
Software;
b. duplicate the Font Software as an integral part of any such Application;
c. distribute the Font Software, directly or indirectly, as an integrated
component of any such Application; and
d. make backup copies of the Font Software, provided that such copies are
for your internal back up purposes only and remain in your exclusive
control. Any copies that you are expressly permitted to make pursuant to
this Agreement must contain the same copyright, trademark, and other
proprietary notices that appear on or in the Font Software.
Although use of the Trademarks is not required, if you elect to do so, you
may use the Trademarks (i) in your advertising, publicity, literature,
packaging and other promotional activities in connection with the Font
Software incorporated into your products or materials, and (ii) to identify
the Font Software that is/are embedded in or accessed through your products
or materials as permitted by this Agreement. You acknowledge that The Type
Founders, LLC dba Lipton Letter Design own all right, title and interest in and to the Trademarks.
All rights not expressly granted in this Agreement are reserved to The Type
Founders, LLC dba Lipton Letter Design.
3. License Limitations and Reporting.
The maximum number of separate and distinct Applications into which the Font
Software may be incorporated during the Term may not exceed the number of
Applications indicated in your Account or transaction documentation such as
a receipt or an invoice when licensing the Font Software. For avoidance of
doubt, a version of an Application that does not have unique functionality
beyond the scope of a previously released Application and is not licensed or
marketed under a new name shall not be considered a new Application.
If any Application requires its users to register to install and/or use it,
all of your licensed Applications may only be distributed up to, in the
aggregate, 25,000 registered users.
Businesses or organizations such as advertising agencies, design agencies or
hosting providers that are responsible for multiple clients'
Applications must enter into separate Agreements for each client's
Applications.
You have licensed rights in this Agreement that may be subject to certain
limitations in volume, which are reflected in your Account or in your
transaction documentation such as a receipt or an invoice. You are obligated
to maintain records with respect to your Use of the Font Software against
such licensed amounts and The Type Founders, LLC dba Lipton Letter Design has the right
to ask you, from time to time, to provide information regarding such Use amounts
and/or to fully document and certify that Use of any and all Font Software at
the time of the request is in conformity with your valid licenses from The Type
Founders, LLC dba Lipton Letter Design, which you shall provide to us within 30 days of
our request. In the event your Use of the Font Software exceeds your
licensed amounts, you agree to license from The Type Founders, LLC dba Lipton Letter Design the necessary additional amounts and pay any fee associated with such increase.
4. Restrictions on Use.
You may not:
a. Transfer your license rights in the Font Software, 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 the Agreement,
(ii) you destroy all copies of the Font Software, including all copies
stored in the memory of a hardware device and (iii) there is no change to
the intent or scope of the rights granted by this Agreement as a result of
such transfer.
b. Rent, lease, sublicense, give, lend, or further distribute the Font
Software, or any copy thereof, except as expressly provided herein.
c. Modify the Font Software in any way, including to create, directly or
indirectly, Derivative Works from the Font Software or any portion thereof
(except as otherwise specifically set forth herein). If the Font Software
contains embedding bits that indicate that the Font Software is only
authorized for certain purposes, you may not change or alter the embedding
bits.
d. Embed the Font Software in open source software which may have the direct
or indirect effect of causing the Font Software to become Publicly Available
Software or otherwise be subject to a Publicly Available Software agreement.
5. Intellectual and Industrial Property Rights.
You agree that the Font Software is protected by the copyright law or other
intellectual and industrial property rights of the United States and its
various States, by the copyright law and other intellectual and industrial
property rights of other nations, and by international treaties.
You agree that The Type Founders, LLC dba Lipton Letter Design owns all right, title, and
interest in and to the Font Software, its structure, organization, code, and
related files, including all intellectual and industrial 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 The Type Founders, LLC dba Lipton Letter Design
and that any intentional or negligent Use of the Font Software not expressly
permitted by the Agreement constitutes an infringement of intellectual and industrial
property rights.
All rights in and to the Font Software, including unpublished rights, are
reserved under the copyright laws of the United States and other
jurisdictions.
6. Limited Warranty; Limitation of Liability.
The Type Founders, LLC dba Lipton Letter Design warrants to you that the Font Software will
effect a faithful reproduction of the underlying typeface design which is of
a quality consistent with industry standards. To make a warranty claim, you must
notify The Type Founders, LLC dba Lipton Letter Design in text form within the Warranty
Period, which could include via an email to [email protected] and provide sufficient information regarding your licensing of the Font Software
so as to enable The Type Founders, LLC dba Lipton Letter Design to verify the existence
and date of the transaction. The entire, exclusive, and cumulative liability
and remedy shall be that The Type Founders, LLC dba Lipton Letter Design
will use reasonable efforts to cause the Font Software to effect a faithful reproduction
of the underlying typeface design which is of a quality consistent with industry
standards as soon as commercially practicable. THE TYPE FOUNDERS, LLC DBA LIPTON LETTER DESIGN DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT
SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR THE TYPE FOUNDERS,
LLC DBA LIPTON LETTER DESIGN’S
BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE TYPE FOUNDERS,
LLC DBA LIPTON LETTER DESIGN MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS
FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL THE TYPE FOUNDERS, LLC DBA LIPTON LETTER DESIGN 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 THE TYPE FOUNDERS, LLC DBA LIPTON LETTER DESIGN 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 THE TYPE FOUNDERS,
LLC DBA
LIPTON LETTER DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Term and Termination.
This Agreement shall remain in place for the length of the Term set forth in
your Account or transaction document, such as a receipt or email. This
Agreement shall automatically renew for additional terms of equal length to
the initial Term, unless either party provides the other party with written
notice of termination before the end date of the then-current term. Upon
failure by you to comply with the terms of this Agreement, The Type
Founders, LLC dba Lipton Letter Design shall be entitled to terminate this Agreement upon
notice by regular mail, paid carrier or email. Upon termination of the Agreement,
you must destroy the original and any and all copies of the Font Software. The
termination of the Agreement shall not preclude The Type Founders, LLC dba
Lipton Letter Design 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 The Type Founders,
LLC dba Lipton Letter Design.
8. Terms and Conditions.
You have separately agreed to The Type Founders, LLC dba Lipton Letter Design’s
standard Terms and Conditions of Business which include provisions relating to
governing law and jurisdiction, export restrictions and U.S. government contracts.
In the case of a conflict between The Type Founders, LLC dba
Lipton Letter Design’s standard Terms and Conditions of Business and this Agreement,
this Agreement shall control.
9. Definitions:
Account means your account at the The Type Founders, LLC dba
Lipton Letter Design website through which you purchased the Font Software license that
is subject to the terms of this Agreement.
Application means a separate and distinct stand-alone product
that is distributed as software only, which runs on an iOS, Android or Windows
Phone platform and (i) is not embedded into hardware of any kind, (ii) is not
a platform or operating system that can run other software programs, (iii) which
is not Publicly Available Software or integrated in such software and (iv) is
made available by you to End Users either directly or through a distributor.
Derivative Work means a work, including but not limited to software
or data based upon or derived from the Font Software (or any portion of Font
Software) in any form in which such software or data may be recast, transformed,
or adapted including, but not limited to, binary data in any format into which
Font Software may be converted.
End User(s) means an individual or entity which downloads an
Application to run on a platform designed to run such Application.
Font Software means software or instructions which, when used
on an appropriate device or devices, generates typeface and typographic designs
and ornaments. Font Software shall include all Subsets and bitmap representations
of typeface and typographic designs and ornaments created by or derived from
the Font Software. Font Software includes upgrades or updates (each of which
may be provided to you by The Type Founders, LLC dba Lipton Letter Design in its sole discretion),
related files, permitted modifications, permitted copies, and related documentation.
Publicly Available Software means a) any software that contains,
or is derived in any manner (in whole or in part) from, any software that is
distributed as free software, open source software (e.g. Linux) or similar licensing
or distribution models; and (b) any software that requires as a condition of
use, modification and/or distribution of such software that such software or
other software incorporated into, derived from or distributed with such software
(i) be disclosed or distributed in source code form, (ii) be licensed for the
purpose of making Derivative Works, or (iii) be redistributable at no charge.
Term means the length of time this license will remain in place
as set forth in your Account or in your transaction documentation such as a receipt
or an invoice.
Warranty Period means the period of validity of the warranties
given by The Type Founders, LLC dba Lipton Letter Design in this Agreement. The Type Founders,
LLC dba Lipton Letter Design’s standard Warranty Period is ninety (90) days from
delivery.
Font Software For Web Content End User License Agreement.
WE RECOMMEND THAT YOU PRINT THIS FONT SOFTWARE FOR WEB CONTENT END USER
LICENSE AGREEMENT FOR FURTHER REFERENCE.
This Font Software For Web Content End User License Agreement (the
Agreement) is a legal agreement between you and The Type Founders, LLC dba Lipton Letter Design
that governs the use of the Font Software that you license from The Type Founders,
LLC dba Lipton Letter Design, and which are accompanied by or refer to this Agreement.
This Agreement becomes a binding contract between you and The Type Founders,
LLC dba Lipton Letter Design when you click on the area marked ACCEPT LICENSE AGREEMENT,
or similar language or when you accept the Agreement by other means (for instance
referring to the Agreement in a purchase order, a confirmation email etc.). If
you do not wish to be bound by the Agreement, you cannot access, Use or download
the Font Software. Please read this entire Agreement before agreeing to be bound.
The Agreement contains capitalized terms that are defined in Section 9 of the
Agreement.
You hereby agree to the following:
1. Binding Agreement.
You are bound by the Agreement and you acknowledge that all use of the Font
Software supplied to you by The Type Founders, LLC dba Lipton Letter Design for the purposes
set forth under this Agreement is governed by this Agreement.
2. License Grants.
You are hereby granted, during the Term and subject to all of the terms and
conditions herein, a worldwide (subject to the Export section of The Type
Founders, LLC dba Lipton Letter Design’s standard Terms and Conditions of Business),
non-exclusive, non-assignable, non-transferable (except as expressly permitted
herein) license to:
a. install the Font Software on a Server, solely to generate content on a
Website for up to the number of Page Views indicated in your Account or
transaction documentation such as a receipt or an invoice;
b. allow users of your Website to type text on that website through Use of
the Font Software (e.g. in form fields, customer feedback etc.) solely for
transactional or marketing purposes; and
c. make backup copies of the Font Software, provided that such copies are
for your internal back up purposes only and remain in your exclusive
control. Any copies that you are expressly permitted to make pursuant to
this Agreement must contain the same copyright, trademark, and other
proprietary notices that appear on or in the Font Software.
Although use of the Trademarks is not required, if you elect to do so, you
may use the Trademarks (i) in your advertising, publicity, literature,
packaging and other promotional activities in connection with the Font
Software incorporated into your products or materials, and (ii) to identify
the Font Software that is/are embedded in or accessed through your products
or materials as permitted by this Agreement. You acknowledge that The Type
Founders, LLC dba Lipton Letter Design or its licensors own all right, title and interest
in and to the Trademarks.
All rights not expressly granted in this Agreement are reserved to The Type
Founders, LLC dba Lipton Letter Design.
3. License Limitations and Reporting.
If your Website Using the Font Software is accessed in excess of the number
of monthly Page Views licensed in your Account or transaction documentation
such as a receipt or an invoice, you must either cease using the Font
Software or purchase an extended license from The Type Founders, LLC dba Lipton Letter Design.
This license does not allow the Font Software (i) to be embedded in a Web
Based Customer Product (e.g. a web server application, SaaS or other online
product); (ii) to be used for authoring purposes (e.g. in an application
that provides office functionality such as word processing or presentation
design or that allows users to create graphic designs or merchandising).
Businesses or organizations such as advertising agencies, design agencies or
hosting providers that are responsible for multiple of its own or its
clients' Websites must enter into separate Agreements for each Website.
You have licensed rights in this Agreement that may be subject to certain
limitations in volume, which are reflected in your Account or in your
transaction documentation such as a receipt or an invoice. You are obligated
to maintain records with respect to your Use of the Font Software against
such licensed amounts and The Type Founders, LLC dba Lipton Letter Design has the right
to ask you, from time to time, to provide information regarding such Use amounts
and/or to fully document and certify that Use of any and all Font Software at
the time of the request is in conformity with your valid licenses from The Type
Founders, LLC dba Lipton Letter Design, which you shall provide to us within 30 days of
our request. In the event your Use of the Font Software exceeds your
licensed amounts, you agree to license from The Type Founders, LLC dba Lipton Letter Design the necessary additional amounts and pay any fee associated with such increase.
4. Restrictions on Use.
You may not:
a. Transfer your license rights in the Font Software, 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 the Agreement,
(ii) you destroy all copies of the Font Software, including all copies
stored in the memory of a hardware device and (iii) there is no change to
the intent or scope of the rights granted by this Agreement as a result of
such transfer.
b. Rent, lease, sublicense, give, lend, or further distribute the Font
Software, or any copy thereof, except as expressly provided herein.
c. Modify the Font Software in any way, including to create, directly or
indirectly, Derivative Works from the Font Software or any portion thereof
(except as otherwise specifically set forth herein). If the Font Software
contains embedding bits that indicate that the Font Software is only
authorized for certain purposes, you may not change or alter the embedding
bits.
d. Embed the Font Software in open source software which may have the direct
or indirect effect of causing the Font Software to become Publicly Available
Software or otherwise be subject to a Publicly Available Software agreement.
5. Intellectual and Industrial Property Rights.
You agree that the Font Software is protected by the copyright law or other
intellectual and industrial property rights of the United States and its
various States, by the copyright law and other intellectual and industrial
property rights of other nations, and by international treaties.
You agree that The Type Founders, LLC dba Lipton Letter Design owns all right, title, and
interest in and to the Font Software, its structure, organization, code, and
related files, including all intellectual and industrial 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 The Type Founders, LLC dba Lipton Letter Design
and that any intentional or negligent Use of the Font Software not expressly
permitted by the Agreement constitutes an infringement of intellectual and industrial
property rights.
All rights in and to the Font Software, including unpublished rights, are
reserved under the copyright laws of the United States and other
jurisdictions.
6. Limited Warranty; Limitation of Liability.
The Type Founders, LLC dba Lipton Letter Design warrants to you that the Font Software will
effect a faithful reproduction of the underlying typeface design which is of
a quality consistent with industry standards. To make a warranty claim, you must
notify The Type Founders, LLC dba Lipton Letter Design in text form within the Warranty
Period, which could include via an email to [email protected] and provide sufficient information regarding your licensing of the Font Software
so as to enable The Type Founders, LLC dba Lipton Letter Design to verify the existence
and date of the transaction. The entire, exclusive, and cumulative liability
and remedy shall be that The Type Founders, LLC dba Lipton Letter Design
will use reasonable efforts to cause the Font Software to effect a faithful reproduction
of the underlying typeface design which is of a quality consistent with industry
standards as soon as commercially practicable. THE TYPE FOUNDERS, LLC DBA LIPTON LETTER DESIGN DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT
SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR THE TYPE FOUNDERS,
LLC DBA LIPTON LETTER DESIGN’S
BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE TYPE FOUNDERS,
LLC DBA LIPTON LETTER DESIGN MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS
FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL THE TYPE FOUNDERS, LLC DBA LIPTON LETTER DESIGN 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 THE TYPE FOUNDERS, LLC DBA LIPTON LETTER DESIGN 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 THE TYPE FOUNDERS,
LLC DBA
LIPTON LETTER DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Term and Termination.
This Agreement shall remain in place for the length of the Term set forth in
your Account or transaction document, such as a receipt or email. This
Agreement shall automatically renew for additional terms of equal length to
the initial Term, unless either party provides the other party with written
notice of termination before the end date of the then-current term. Upon
failure by you to comply with the terms of this Agreement, The Type
Founders, LLC dba Lipton Letter Design shall be entitled to terminate this Agreement upon
notice by regular mail, paid carrier or email. Upon termination of the Agreement,
you must destroy the original and any and all copies of the Font Software. The
termination of the Agreement shall not preclude The Type Founders, LLC dba
Lipton Letter Design 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 The Type Founders,
LLC dba Lipton Letter Design.
8. Terms and Conditions.
You have separately agreed to The Type Founders, LLC dba Lipton Letter Design’s
standard Terms and Conditions of Business which include provisions relating to
governing law and jurisdiction, export restrictions and U.S. government contracts.
In the case of a conflict between The Type Founders, LLC dba
Lipton Letter Design’s standard Terms and Conditions of Business and this Agreement,
this Agreement shall control.
9. Definitions:
Account means your account at the The Type Founders, LLC dba
Lipton Letter Design website through which you purchased the Font Software license that
is subject to the terms of this Agreement.
Editing means any input of text that is displayed using the
Font Software. For the avoidance of doubt, Editing includes the insertion of
text into a form field.
Font Software means software or instructions which, when used
on an appropriate device or devices, generates typeface and typographic designs
and ornaments. Font Software shall include all Subsets and bitmap representations
of typeface and typographic designs and ornaments created by or derived from
the Font Software. Font Software includes upgrades or updates (each of which
may be provided to you by The Type Founders, LLC dba Lipton Letter Design in its sole discretion),
related files, permitted modifications, permitted copies, and related documentation.
Page View means a single request to load a particular web page
of your Website. For the avoidance of doubt, each visit to or display of a web
page is a Page View, regardless of whether such visit or display is unique. Page
Views also referred to as page impressions or page requests must be recorded
by a commonly accepted or recognized performance tracking system.
Publicly Available Software means a) any software that contains,
or is derived in any manner (in whole or in part) from, any software that is
distributed as free software, open source software (e.g. Linux) or similar licensing
or distribution models; and (b) any software that requires as a condition of
use, modification and/or distribution of such software that such software or
other software incorporated into, derived from or distributed with such software
(i) be disclosed or distributed in source code form, (ii) be licensed for the
purpose of making Derivative Works, or (iii) be redistributable at no charge.
Server means any server that is either (a) maintained on your
premises; (b) under your exclusive control; or (c) owned and controlled by a
third party hosting service for your benefit, provided that you (i) have a written
agreement regarding the Use and protection of the Font Software installed on
such server, and (ii) shall remain responsible for any unauthorized access to
and security of the Font Software on such Server.
Term means the length of time this license will remain in place
as set forth in your Account or in your transaction documentation such as a receipt
or an invoice.
Use of or Using 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.
Use of the Font Software shall also occur when the software or instructions are
executed.
Warranty Period means the period of validity of the warranties
given by The Type Founders, LLC dba Lipton Letter Design in this Agreement. The Type Founders,
LLC dba Lipton Letter Design’s standard Warranty Period is ninety (90) days from
delivery.
Web Based Customer Product means anything, other than web pages
of your Website, created by Use of the Font Software which is offered for distribution
to the general public (or to some subset of the general public) in exchange for
a separate fee or other consideration.
Website means one web site domain name (i.e., a collection of
web pages, images, videos or other digital assets that are hosted on one or more
web servers, accessed from a common root Uniform Resource Identifier (URI)) which:
(i) is owned by you or under your control; (ii) Uses or accesses the Font Software
in its web pages; (iii) does not in any way enable the permanent installation
of the Font Software by Website visitors on any printer or display which displays
a screen image created by Use of or access to the Font Software; and (iv) reasonably
restricts access to Font Software from Use or access by web pages or any document
not originating from such Website.
Not seeing a license that fits your needs? Curious about custom options?
Send an email to [email protected]
This website uses cookies in order to offer you the most relevant
experience. Please accept cookies for optimal performance. Read our cookie
policy here.
