| License Description: |
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(ITF) Red Rooster Collection Ñ Standard License Agreement
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IMPORTANT NOTICE: ITF 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 ITF FONT SOFTWARE, OR BY DOWNLOADING THE SOFTWARE AND CLICKING THE ÒI ACCEPTÓ 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.
IF LICENSEE DOES NOT AGREE TO THESE TERMS AND CONDITIONS, LICENSEE MUST PROMPTLY CEASE DOWNLOAD OR DELIVERY OR USE OF THE LICENSED PRODUCT AND RETURN THE LICENSED PRODUCT AND ALL ACCOMPANYING ITEMS, IF ANY, TO ITF OR ITS RESELLER FOR A FULL REFUND OF THE LICENSE FEE WHICH LICENSEE PAID FOR THE LICENSED PRODUCT, AND LICENSEE MUST IMMEDIATELY DELETE ANY PORTION OF THE FONT SOFTWARE INSTALLED ON LICENSEEÕS COMPUTER(S).
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 up to five (5) CPUs. If you are using this product with more than five (5) CPUs, you are required to obtain a Multi-User License for the appropriate number of CPUs/Users. (See Special Multi-User License Notes below).
"When you order Red Rooster Collection fonts through HouseofType.com, you are able to purchase your Multi-User License(s) at the same time."
1 (a). Special Multi-User Licenses
ITF calculates Special Multi-User Licenses based on the chart below. The price ITF charges you will be calculated based on the Recommended End User Price times the number of CPUs or Users, (whichever is the greater).
The maximum number of CPUs licensed is equal to the number of users selected in the applicable receipt. Please retain this receipt as proof.
Number of Price
CPUs/Users Multiplier
1-5 price x 1
6-15 price x 2
16-30 price x 3
31-45 price x 4
46-65 price x 5
66-80 price x 6
81-95 price x 7
96-125 price x 8
126-145 price x 9
146-160 price x 10
161-180 price x 11
181-195 price x 12
196-215 price x 13
216-230 price x 14
231-290 price x 15
291-310 price x 16
311-335 price x 17
336-355 price x 18
356-445 price x 19
446-470 price x 20
471-615 price x 21
616-645 price x 22
646-675 price x 23
676-705 price x 24
706-845 price x 25
846-880 price x 26
881-915 price x 27
916-950 price x 28
951-985 price x 29
986-1000 price x 30
2. OWNERSHIP. ITF retains title to 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.
3. COPY RESTRICTIONS. This product is copyrighted and contains proprietary information and trade secrets of ITF. Unauthorized copying of this product is expressly forbidden. You are permitted to create backups of the electronic data, 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 ITF'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 to any third party at any time without the prior written consent of ITF. You may not modify, translate, adapt, decompile, disassemble, reverse engineer, or create derivative works based on the electronic data in this product. 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.
Embedding of the font software into electronic documents or internet pages is only permitted in a secured read-only mode. Licensee must ensure that recipients of electronic documents or internet pages cannot extract the ITF font software from such documents or use the embedded font software for editing purposes or for the creation of new documents. Contact ITF or one of our distributors for current details of permitted uses with this technology.
5. LIMITED WARRANTY. If the media or the electronic data contained in this ITF product is found to be defective within 90 days of the date of delivery to the Licensee, ITF 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. ITF does not warrant that this product will operate with all other software products, or that it will satisfy your requirements. ITF'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". ITF 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 ITF, 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. ITF 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, ITF will, from time to time, provide updates of this product to Licensees who have opted into receiving updates in their HouseofType.com user profile.
8. TERMINATION. This Agreement is effective until terminated. This Agreement will terminate automatically without notice from ITF, 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 ITF 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 ITF 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.
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.
This License Agreement is governed by the laws of the Com |