| License Description: |
JTT Products Licence Agreement
1. Introduction. This Agreement is a legal document which sets out your rights and obligations, and those of Jeremy Tankard Typography Limited (ÒJTTÓ, ÒweÓ or ÒusÓ), in relation to the software and fonts which you may agree to license from us (collectively, ÒJTT ProductsÓ). You must take the time to read and understand it, before agreeing to license any of the JTT Products. By signifying your agreement to this document, or by installing or using any JTT Product, you accept that you are entering into a contract with us on the terms of this Agreement.
2. Grant of Licence. In consideration of you paying the fees which are specified for the relevant JTT Product(s) (the ÒFeesÓ), we license you to use (a) the font software (the ÒSoftwareÓ), and (b) our fonts (the ÒFontsÓ), which we make available to you in return for your agreement to pay those Fees. The licence which we grant to you is (a) non-exclusive, (b) personal, meaning that it is granted only to the person or entity which initially licenses the JTT Products from us, and may not be shared with or transferred to any other person or entity, and (c) limited, in that it permits the Software and the Fonts to be used only on or through the number of devices, whether networked or stand-alone, specified by us (and agreed to by you) in the course of your agreeing to license them; see Clause 4 below for more details about this.
Where you license JTT Products for use by an entity, you undertake that (a) you are entitled to license them on behalf of the entity, (b) the entity will be bound to this Agreement in the same way as you, and (c) this Agreement will accordingly be enforceable both against you and the entity.
Certain of our licensees are licensed JTT Products under a licence agreement which we have entered into with another entity, which allows associated persons and entities to be provided with access to the relevant JTT Products. These agreements may contain scope of use restrictions, which allow the JTT Products to be used only for certain purposes, and other restrictions. If you are licensing JTT Products in such circumstances, you must ensure that you (and any entity for which you license the JTT Products) complies with each of the relevant restrictions.
3. Some Definitions. In this Agreement:
(a) ÒfontÓ includes typeface, bitmap and any technology resulting in a representation thereof;
(b) ÒuseÓ means (a) in relation to the Software, to be accessible in connection with the use of any of the Fonts, and (b) in relation to the Fonts, to be accessible for the inclusion or replication of any of the Fonts in any part of a work, in any medium;
(c) ÒnetworkedÓ includes any form of connectivity, whether wired or wireless, and whether through a client/server arrangement or otherwise;
(d) ÒdeviceÓ means any item through which it is possible to give commands which are capable of being responded to by any part of the JTT Products;
(e) ÒMaximum UsageÓ means the maximum number of uses which you are authorised for, either at the time you initially license the JTT Product(s), or as a result of an extension to the number of Maximum Users granted by us in accordance with this Agreement;
(f) ÒworkÓ includes any form of visual representation, whether textual, graphical or otherwise; and
(g) ÒentityÓ includes any incorporated or unincorporated entity or person, whether a company, corporation, partnership, association, or other.
4. Maximum Usage. For example, if you obtain a 1 to 5 device Maximum Usage licence, there must be no more than the following:
(a) 5 separate copies of the Software and Fonts available for use on separate devices (such as on the hard drives of a personal or laptop computer); or instead, where devices are networked,
(b) 5 devices capable of making any use of the Software or the Fonts at any time, whether by means of a centrally-held copy or otherwise.
Irrespective of how you license JTT Products from us (whether online, or through some other direct or indirect contact with us), a CD master bearing the JTT Products will be sent to you by a method which requires a signature to be provided at the recipient address. The CD will show, in the documentation which is inserted with it, the Maximum Usage for which you have been licensed in respect of the relevant JTT Products. If you increase the Maximum Usage by agreement with us, then in return for the payment of the relevant Fees we will send you replacement documentation stating that increased licensed Maximum Usage. You must ensure that the replacement documentation is retained with the CD. For the avoidance of doubt, Maximum Usage levels apply to each separate JTT Product, so that (for example) if you wish to use two different JTT Products on 5 devices, you must be licensed for 5 device Maximum Usage in respect of both JTT Products. Please also note that the non-arrival for any reason of a CD, or any replacement documentation, sent by us does not affect your Maximum Usage rights and obligations, which will remain at the level agreed between you and us; the CD and documentation simply serve to provide a tangible representation of the relevant Maximum Usage levels.
5. Intellectual Property. You acknowledge and agree that:
(a) we (or our licensors) own all right, title and interest in and to the Software, including all copyright subsisting in and in relation to it; and
(b) we own all right, title and interest in and to the Fonts, including all copyright subsisting in and in relation to them.
Separately and together, the JTT Products are protected by copyright under United Kingdom legislation, as well as by international copyright treaties. All rights not expressly granted in this Agreement are reserved to us.
6. Copying of JTT Products. No copying or distribution of any of the JTT Products may be made, except as expressly provided in this Agreement; without prejudice to such obligation, you shall ensure that all copies and distributions of JTT Products include the same copyright and other proprietary notices as appear on the original JTT Products which we make available. All copies of the JTT Products, including those contained on the CD we send to you, must be kept under your exclusive control.
7. Use of Fonts. You may use a Font in a work which is accessible by electronic means (including, without limitation, through the Internet, in any networked form, or recorded on any form of storage medium, such as a CD-ROM) only if:
(a) the work is in a form which permits it only to be viewed and printed, and not to be copied, modified or adapted; and
(b) the relevant Font is in a non-editable form.
For the avoidance of doubt, and without prejudice to the above, you may include a Font in a hardcopy work in which it is fixed, so that it is incapable of being edited, modified or adapted, and is only capable of being copied by analogue photocopying means.
8. Decompilation. You may not reverse engineer, decompile or otherwise attempt to discover the source code relating to the JTT Products, provided, however, that if you are in a member state of the European Community or any other state which grants these rights, you may decompile the Software to the extent required for the purpose of obtaining sufficient information for the purpose of creating an interoperable software program (but only for such purpose and only to the extent that sufficient information is not provided by us to you upon written request).
9. No Cooling Off Period. Where you license JTT Products from us through our web-site, and they are made available for download by you, (a) we will send you a CD containing the JTT Products you have licensed online, confirming the Maximum Usage you have licensed, but (b) there is no right to cancel this Agreement during the cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000 from the time when we make the JTT Products available for download by you. Similarly, where we do not make JTT Products available for download by you, but send you the JTT Products you have licensed only by CD |