| License Description: |
Mark Simonson Studio LLC
Font Software
END USER LICENSE AGREEMENT
PLEASE READ CAREFULLY this document is a legal agreement; you should print a copy for your records.
This End User License Agreement (the "Agreement" "EULA," "License," "Agreement" or "License Agreement") is a legal agreement between you and Mark Simonson Studio LLC ("Simonson") and becomes a binding contract between you and Mark Simonson Studio. This Agreement governs the terms of use of the Font Software and the design of the Fonts embodied therein (collectively, "Font Software"), together with any media, printed materials, electronic documentation, updates, add-ons, artwork, web services and any other material that may be associated with the product now or in the future. This Agreement becomes effective (a) when you click on the area marked "ACCEPT LICENSE AGREEMENT," or (b) if you are acquiring Font Software on a Compact Disc or Digital Video Disk (CD, DVD), or (c) as a compressed archive delivered via e-mail attachment, when you open the package in which the font is contained. If you do not wish to enter into this Agreement, do not purchase, access, use or otherwise download or install the Font Software.
1. Upon payment in full, you will be granted a non-exclusive terminable License to use the Font Software that accompanies this EULA. Use of the Font Software is limited to those Users Authorized by your purchase. For the purposes of the License, "Font Software" shall be defined as the design of the Fonts together with the Software which, when used, generates typeface and typographic designs and ornaments. Personal or Internal Business Use shall mean Use of the Font Software for your customary personal or internal business purposes and, except as may otherwise be permitted herein, shall not mean the commercial distribution or use of Font Software or any component thereof in any Commercial Product whatsoever. You hereby agree that the Font Software shall further comprise all bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. The Font Software shall be deemed to include any upgrades, updates, related files, permitted modifications, permitted copies, and related documentation.
2. If you are a design consultancy, advertising agency or purchasing this license for use by or on behalf of such an entity, the ultimate end user should also purchase a license appropriate for the intended use of the Font Software. The license granted herein for personal use does not extend to uses by temporary employees or independent contractors using the Font Software in professional environments or for other professional uses. Under such circumstances your employer and/or the ultimate end user are also required to purchase a license appropriate for their usage.
3. For the purposes of this Agreement, "Commercial Product" shall mean an electronic document containing an embedded copy of the Font Software created by Use of the Font Software which is offered for distribution to the general public (or to some subset of the general public) as a commercial product in exchange for a separate fee or other consideration. By way of example, not limitation, an electronic book or electronic magazine distributed for a fee shall be considered a Commercial Product; a document distributed in connection with a commercial transaction in which the consideration is unrelated to such document (for example, a business letter or a receipt for purchase of tangible goods such as clothing) shall not be considered a Commercial Product. Commercial products which contain the font in a non-editable manner are permitted.
4. Simonson, its successors and assigns, retain all right and title in and to the Font Software together with the design of the Font embodied therein together with any trademarks used in connection therewith. Except as may be otherwise expressly permitted herein, you agree not to copy the Font Software or create derivative works based upon the design of the Font or the Font Software. You hereby agree that the design of the Font and the Font Software and that the unauthorized use of the design of the Font or the Font Software is an infringement of Simonson's exclusive rights and causing significant monetary harm. All rights not expressly granted herein are reserved to Simonson. Simonson's rights and remedies in the event of an infringement shall be cumulative in nature.
5. You may install and Use the Font Software on a single file server for Use on a single local area network ("LAN") only when the Use of such Font Software is limited to the Users authorized under this Agreement.
6. You may not alter Font Software in any manner whatsoever. Reformatting the Font Software into other formats or for use in other operating systems is expressly prohibited. Altering or amending the embedding bits characteristics of the Font Software is expressly prohibited. The Font Software may not be used to create or distribute any electronic document in which the Font Software, or any part thereof, is embedded in a format that permits editing, alterations, enhancements, or modifications by the recipient of such document. You hereby agree not to transmit any electronic document to any party that intends to "hack," edit, alter, enhance, or otherwise modify or remove the Font Software from any document.
7. You may make one (1) back-up copy of Font Software for archival purposes only, and you agree to retain exclusive custody and control over any such copy. Upon termination of the Agreement, you must destroy the original and any and all copies of the Font Software. The unauthorized sharing, lending, renting, sale, or other unauthorized use or misuse of the back-up copy is a material breach of this Agreement and will result in the immediate termination of this License.
8. You may take a digitized copy of the Font Software used for a particular document, or Font Software embedded in an electronic document, to a commercial printer or service bureau for use by the printer or service bureau in printing such document provided that the printer or service bureau represents that it shall destroy any and all copies of the Font Software upon completion of its work.
9. The design of the Font, the Font Software and any trademarks associated therewith are the exclusive property of Simonson, Inc. and are protected by the copyright and other intellectual property law of the United States and its various States, by the copyright and design laws of other nations, and by other international treaties. You agree to treat the Font Software as you would any other copyrighted material, such as a film or book. Except as expressly provided for here, you may not copy the Font Software. Any copies that you are expressly permitted to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Font Software.
10. You are permitted to use the Font Software to create logos provided the Font is translated to outlines. You are permitted to modify the fonts solely for your own use. All such modified font software is subject to all the restrictions and limitations of this Agreement and may not be distributed or used in a manner contrary to the terms of this Agreement. Under no circumstances will Simonson be responsible to any end user, whether licensed, authorized or not, for the performance of any user modified font software nor will Simonson support any user modified font software. In the event an end user wishes to engage or hire Simonson modify the licensed Font Software, you are invited to contact Simonson at mark@ms-studio.com. Otherwise, you agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or otherwise attempt to discover the source code of the Font Software except as may otherwise be permitted by law. Other jurisdictions may provide for additional rights, and if applicable, you may reverse engineer or decompile the Font Software only to the extent that sufficient information is not available for the purpose of creating an interoperable software program (bu |