| License Description: |
This is a contract between you and Parachute Worldwide , a corporation established and operating according to the laws of Greece ("Parachute"). Subject to the terms and conditions hereof and upon payment of the license fee Parachute grants you a non-exclusive, non-assignable, non-transferable right to use the Parachute font software ("font software"). This is not an agreement for sale of the font software or any portion or copy of it.
Font Software. The font software you selected for purchase, is the property of Parachute and/or its suppliers. The term "font software" is referred to the computer program which contains digitally encoded scaleable outline font data and includes any related documentation, updates, permitted modifications and permitted copies of the font software licensed to you by Parachute. You agree that Parachute and/or its suppliers own all rights to the font software and its structure, selection, organization and code, including copyrights, patents, design and trademark rights. In addition, you agree that the code and structure of the font software constitute and contain valuable trade secrets owned by Parachute and/or its suppliers. The font software is protected by International Copyrights Laws.
Standard User License. You may install the Font Software on up to 5 (five) "workstations" at the same location. "Workstation" is referred to any device by which an individual is able to make use of the font software. You may not duplicate or copy the font software except as needed to use it as expressly permitted by this Agreement. However, you may make one (1) copy of the font software for backup purposes. All permitted copies you make must contain the exact copyright, trademark and other proprietary notices that appear on and/or in the font software. You may install the Font Software on a single local network only when the use of the font software is limited to the workstations which are part of this license . If you wish to use the font software at more than one (1) location or with more than five (5) workstations you must acquire a multi-device site license upgrade at an additional cost.
Modifications. You agree that you will not modify, add new functionalities, adapt, translate, reverse engineer, decompile, decrypt, disassemble nor create derivative works of the font software without Parachute's prior, express written consent. "Derivative work" is referred to any font software which is derived or based upon the hereto licensed font software binary data (or any portion of it).
Embedding. 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 font software from such documents or use the embedded font software for editing purposes or for the creation of new documents.
Transfer/Service Bureau/Printer. You may not sell, lend, otherwise transfer or sublicense the font software to any third party without Parachute's prior written consent. You may send a copy of the font software, or any portion of the font software, used in your documents to a commercial printer or service bureau to enable the editing or printing of your documents, provided that such commercial printer or service bureau has purchased a valid license to use the font software.
Other Restrictions. You agree that you may not use the font software or portion of it (unless you obtain additional licensing) for purposes other than those licensed under this Agreement. In particular you may not use the font software or portion of it in the following:
A. as part of a copyrighted logo or trademark
B. as part of interactive software such as video games
C. as part of electronic templates such as website design templates and presentation templates which an individual can use to create electronic greeting cards, business cards, e-business cards, or any other electronic or printed matter
D. as part of a commercial product when the font software becomes the primary aspect for resale (for example on plain t-shirts or coffee mugs, where the main element used to sell the product is the image of letters which is stamped on it)
Termination. The license granted hereunder shall automatically terminate, if you fail to comply with the terms and conditions hereof. Upon termination of this font software License Agreement, you agree to either return or to destroy and refrain from using the font software, the media, copies and/or any modified or merged portions thereof.
Limited Warranty. For a period of 90 days after delivery, Parachute warrants that the font software will perform as outlined in the user documentation in effect at the time of the commencement of this license. Parachute will undertake reasonable commercial efforts to correct substantial malfunctions occurring during this warranty period provided that such malfunctions are reproducible, your product is properly registered, and you give immediate notice in writing and sufficient detail of such malfunctions to Parachute. PARACHUTE'S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO BREACH OF THE FOREGOING LIMITED WARRANTY WILL BE LIMITED TO ERROR CORRECTION OR PRODUCT REPLACEMENT. Such corrections generally will be incorporated into new revisions of the font software, or until the release of such new revisions into temporary versions, at Parachute's discretion.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, THE FONT SOFTWARE IS HEREUNDER LICENSED "AS IS," AND PARACHUTE MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE FONT SOFTWARE. PARACHUTE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
The font software is nonreturnable and nonrefundable.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL PARACHUTE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF THE FONT SOFTWARE, HOWEVER CAUSED, (WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE. UNDER NO CIRCUMSTANCES SHALL PARACHUTE'S LIABILITY EXCEED THE REPLACEMENT COST OF THE FONT SOFTWARE.
Third Parties. You agree to inform your employees or any other person having access to the font software and copies thereof, of the terms and conditions of this font software License Agreement and to ensure that they shall strictly abide by these terms and conditions.
General. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous written and oral agreements between the parties regarding the subject matter of this Agreement. No waiver or modification of this Agreement will be binding upon either party unless made in writing and signed by a duly authorized representative of such party and no failure or delay in enforcing any right will be deemed a waiver.
Severability. If any provision of this Agreement is found to be illegal or unenforceable, the other provisions shall remain effective and enforceable to the greatest extent permitted by law.
Assignability. Except as otherwise provided in this Agreement, you may not sell, assign or delegate any rights or obligations under this Agreement. Any attempted assignment in violation of this Agreement shall be void and without effect.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Greece. All disputes related to this Agreement shall be heard in the Court of Law of the City of Athens, Greece. Both you and Parachute agree to the personal jurisdiction and venue of these courts in any action related to the Agreement. This Agreement will not be governed by the conflict of |