Font Software End User License Agreement
 
 
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1.0   Licenses and Usage
The End User License Agreement (hereinafter referred to as the “EULA”) is the legal contract between you (hereinafter referred to as the “Licensee” and/or “you”) and the Optimo Type Foundry. Upon acceptance of this EULA or by downloading and/or installing the Optimo Type Foundry products (hereinafter referred to as the “Font Software”), you agree to the terms and conditions hereunder and to the grant by OPTIMO, GAVILLET & RUST, Switzerland, (hereinafter referred to as “Optimo”) of a non-exclusive, non-refundable and non-transferable license (“Desktop License”, “Web License”, “Mobile App License”, “Global Advertising”, “eBook License”, and/or a license for “Broadcasting”, “Corporate”, “Server”,  “Streaming”, “TV”) to install the Software on a storage medium (hereinafter referred to as the “Licensed Unit”) for a specific use, which is specified in the End User’s order receipt. As used herein, “Licensed Fonts” shall mean the typefaces that are generated by the use of the Software when used with the appropriate hardware and other software. In this Agreement, “Font”, “Fonts” or “Font Software” have identical meanings and are defined as the designs of the Fonts and the software that produces a typeface design(s) together with any other artworks that may be associated with the Font. As used herein, “End User” means a retail customer who has purchased a license to use the Software and the Licensed Fonts. An End User is not a distributor, reseller, dealer, sub licensee, original equipment manufacturer (OEM), or other wholesale buyer.
2.0   Definitions
The Licenses listed below govern the specific terms of usage of the Font Software according the needs of the User. If you wish to use Optimo fonts for a purpose not permitted by your purchased license, you must secure a separate license and/or a license extension for an additional fee. Optimo reserves the right to inspect or monitor your usage.
2.1   Desktop License
A “Desktop Font” is a font software that has been created and optimized to create documents such as, but not limited to: books, newspapers, logos, visual identities. You are allowed to print them on an “Output Device” producing a usable representation of the Font, such as, but not limited to: a printer, image setter, laser setter, plate maker. You are allowed to produce static images (hereinafter referred to as the “Image files” such as, but not limited to: JPEG, TIFF, PNG) subject to the following restrictions: Image Files must feature fixed images of specific applications of the Licensed Fonts rasterized in a pixel grid. Image Files must not feature outlines of the Licensed Fonts, or permit the extraction or extrapolation of outlines of the Licensed Fonts. The embedding of Fonts into digital documents is permitted so long as the Font Software is subset, the document text can be viewed and printed but not edited and that reasonable measures are taken to ensure recipients of such documents cannot extract or use the embedded Fonts. Rasterized copies of images showing the Font are permitted provided the images do not result in all or substantially all of the characters comprising the Font. If the resulting images show most or all of the Font characters, a rasterized showing of the Font is not permitted. In order to transfer digital files over private computer networks, you are entitled to embed the Licensed Fonts in a secured read-only mode, subject to the following restrictions: you shall secure Embedded Documents against any unauthorized use by any third party, as extracting the Software or using the Embedded Licensed Fonts for editing purposes or the creation of a new document. The standard Desktop license consists of the right to install and use the Font Software on the number of computing devices identified on your purchase receipt at one single geographical location. The installation and the usage on portable computer devices is permitted within the number of licensed computing devices.
2.2   Web License
A “Webfont” is a font software that has been created, optimized or otherwise specifically modified for use on the Internet to style and display text on a website. A “website” is defined as a collection of related web pages organized under a single domain. The website may be viewed with a web browser and/or via a web-based mobile app. The “domain” is the host name of a website’s home page. The domain may be comprised of one unique domain (as in “example” of http://www.example.com), and multiple sub-domains (as in “shop” of shop.example.com, or “blog” of blog.example.com, etc.). For multiple top-level domains (as in “.org” of http://www.example.org, or “.net”, “.biz”, “.ch”, “.usa”, etc.), a license extension for an additional fee must be secured. Under this license you must own the domain and control the content of the licensed websites. The standard Web license grants you rights to use Optimo’s font software for a specified Internet domain and a defined number of unique monthly visitors. If the number is exceeded, an upgrade of your license is required. You may use the CSS @fontface technology to style text on your website for the domain specified on your Order. Any technologies other than CSS @font-face, including but not limited to sIFR, Cufón or Typeface.js are not allowed. Only the WOFF, EOT and SVG webfont files provided by Optimo may be used. Any use of other formats (such as TTF or OTF) is strictly prohibited. The list of domains may be amended or modified only with the written permission of Optimo.
2.3   Mobile App License
An “App Font” is a font software that has been created, optimized or otherwise specially modified for embedding within an App to style and display text. The “Mobile App License” grants you the right to embed the Font Software in the App(s) specified on your Order for styling dynamic, static or editable text, only in applications built to run natively on mobile operating systems including but not limited to Android, iOS and Windows Mobile. You must own the specified App(s) and control their content, and the Font Software must be embedded in a secure manner so that it cannot be extracted from or accessed outside of the App(s). A copy of the Font Software may be provided to a third party app developer who is working on your behalf, for the sole purpose of styling text in your App(s), only if the app developer agrees in writing to observe the terms of this Agreement and delete all copies of the Font Software immediately after completing the work. In order to use the Font Software for any other purpose, the app developer must first obtain an appropriate license from Optimo.
2.4   Ebook License
An “Ebook Font” is a font software that has been created, optimized or otherwise specially modified for embedding within an Ebook to style and display text. The “Ebook License” grants you the right to embed the Font Software in the Ebook(s) specified on your Order for styling dynamic or static text on reading devices. You must own the specified Ebook(s) and control their content, and the Font Software must be embedded in a secure manner so that it cannot be extracted from or accessed outside of the Ebook(s). A copy of the Font Software may be provided to a third party developer who is working on your behalf, for the sole purpose of styling text in your Ebook(s), only if the ebook developer agrees in writing to observe the terms of this Agreement and delete all copies of the Font Software immediately after completing the work. In order to use the Font Software for any other purpose, the ebook developer must first obtain an appropriate license from Optimo.
2.5   Other licenses
If you wish to use the font software for “Broadcasting” / “Corporate Licence” / “Global Advertising License” / “Server License” / “Streaming” / “TV”, you must purchase an individual licensing extension by contacting Optimo directly.
3.0   Intellectual Property Rights
The Licensee agrees that the Software, and all copies thereof, and the Licensed Fonts are the sole and exclusive property of Optimo, and its structure, organization and code are the valuable trade secrets of Optimo. This Agreement does not grant the Licensee any right to intellectual property rights in the Software, in the Licensed Fonts and its associated trademarks. Any copies that the Licensee is permitted to make pursuant to this Agreement must contain the same copyright, trademark and other proprietary notices. The Licensee agrees not to alter Optimo’s copyright notices as contained in the Software. The Licensee acknowledges that the Software and the Licensed Fonts are protected under domestic and international Trademark and Copyright Laws, and by international treaties.
4.0   Permissions and Restrictions of Use
The Licensee agrees not to decompile, modify, adapt, translate, reverse engineer, disassemble, alter, or discover the source code of the Software. The Licensee does not have the right to modify and/or alter in any way the Software, the Licensed Fonts and/or the original drawings contained in the downloaded files for private use, business use, resale or further distribution. The Licensee is obliged to undertake all necessary steps to prevent unauthorized access to the Font Software and to any copies as such. The Licensee is obliged to inform employees and representatives and anyone granted access to the Font software within the Licensing agreement about its content and the conditions, and put employees under the obligation of compliance with those provisions and conditions. The Licensee hereby undertakes not to copy, rename, resell, redistribute, transfer by any technical means to third parties. Any use of the Software or of the Licensed Fonts that is not covered by this Agreement or by a specific written agreement may be considered a breach of applicable laws and shall be prosecuted accordingly. The use of the Font software without valid or adequate licensing constitues an infringement and is illegal. Optimo reserves the right to take legal action against any infringer for damages. The use of Optimo fonts without valid or adequate licensing constitues an obligation of every infringer to pay to Optimo a retroactive license appropriate for the documented illegitimate use. A retroactive license is calculated with the licensing price of Optimo with an additionnal surcharge of at least 200% of the actual license fee. Depending on the nature of the offense, Optimo reserves the right to add further charges for expenditure, time and legal expenses. The Licensee further undertakes not to use the trademarks and/or the names of the Licensed Fonts to identify any products or services that are similar or identical to the Software or to the Licensed Fonts. Artworks derived from the Software or the Licensed Fonts, including but not limited to, EPS files or other electronic works, must be used according to the terms and conditions of this Agreement. To reproduce a particular document, the Licensee is allowed to send a copy of the Font Software to a printer or service bureau for final output. The printer or the service bureau will have to totally erase any copy of the Font Software upon completion of the work.
5.0   Warranties
Optimo warrants to you that the Font Software shall perform substantially in accordance with the installation information provided on its website. If the Software does not perform substantially in accordance with the installation information, the entire and exclusive remedy and liability is limited to the replacement of the Software. To submit a claim, the Licensee must notify Optimo within fifteen (15) days of purchase. Optimo excludes and disclaims all implied warranties, as to non-infringement of third party rights, merchantability, or fitness for any particular purpose. Under no circumstances will Optimo be liable to the Licensee for any consequential, incidental or special damages, including any lost business profits or for any claim by any third party. Optimo does not warrant you the results you may obtain by using the Software. The installation of the Software on the End User’s Licensed Unit(s) is the sole responsibility of the Licensee. Optimo has no obligation to grant any assistance to the End User regarding the installation of the Software.
6.0   Miscellaneous
This Agreement shall automatically be terminated upon failure by you to comply with its terms. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. The End User agrees that this Agreement will be governed by the laws of Switzerland.
7.0   Forum
Any dispute regarding the validity, performance or interpretation of this Agreement shall be subject to the exclusive jurisdiction of the courts of Geneva, Switzerland.