Server Applications End-User License Agreement

Description

Local Server License permits the use of fonts in a fashion similar to the Standard Desktop License, but through an internal computer network where fonts are distributed to end users from a server. This is for use only in a closed network. Payment is on an annual fixed term.

Terms and Conditions

Please read this document carefully and we recommend that you keep a copy for further reference.

  1. This End User License Agreement (the “Agreement”) becomes a binding contract between you (the “Licensee”) and Typolar Ltd (the “Typolar”) when you click on the area marked “ACCEPT LICENSE AGREEMENT,” or similar language or when you accept the Agreement by other means (for instance referring to the Agreement in a purchase order, a confirmation email etc.). If you do not wish to be bound by the Agreement, you cannot access, use or download the Font Software.
  2. Grant of License. Typolar grants to Licensee a non-exclusive, non-transferable license to operate its Font Software (the “Typefaces”) on computer servers on Licensee's own internal business use. License is valid for a fixed term as indicated in the Purchase Receipt from Typolar. Licensee agrees not to duplicate, reproduce, sell, transfer, license, or otherwise distribute the Typefaces in any form, except as provided herein. Notwithstanding the foregoing Licensee is permitted to make a single back-up copy. Licensee agrees not to decompile, modify, reformat, translate, reverse-engineer or otherwise discover the source code of the Typefaces or authorize or commission others to make, any additions, deletions or modifications to the Typefaces without the prior written consent of Typolar. Licensee agrees not to alter or remove Typolar’s copyright notices as contained in the Typefaces.
    1. Restrictions on Use.
      – The maximum number of Licensed Servers onto which the Font Software may be installed may not exceed the number indicated in the Purchase Receipt from Typolar.
      – Licensee may only install the Font Software on the Licensed Servers and Development Servers and not on any other computer or processing unit.
      – End User may not have direct access to the Font Software itself. Typefaces may be made accessible to End Users only through third party software.
      – Licensee agrees that Licensee will take no action which will have the direct or indirect effect of causing the Font Software to become Publicly Available Software or otherwise be subject to a Publicly Available Software agreement.
  3. Copyright.
    Licensee agrees that the Typefaces are protected by the copyright law and other intellectual and industrial property rights of the European Union and its member countries, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties both as artwork and digital software. Licensee agrees to treat the Typefaces as Licensee would any other copyrighted material.
    1. Typolar and its designated type designer(s) retain full title and ownership of these Typefaces both as artwork and digital software, including all subsequent copies of the artwork or software regardless of the format in which they are expressed or the media on which they are recorded. Any updates, revisions, enhancements or additions to the Typefaces supplied by Typolar under this Agreement shall become part of, and subject to, this Agreement. The parties agree that Typolar shall own the copyright in all such modifications and derivative works of the Typefaces made by either party. The names of these typefaces are trademarks of Typolar, and as such may only be used in keeping with accepted trademark practice, including identification of the trademark owner's name and only in conjunction with output produced using this font software. The parties agree that the Typefaces are the sole and exclusive property of Typolar, including all applicable rights to patents, copyrights, trademarks and trade secrets inherent therein and appurtenant thereto, and Licensee agrees not to challenge Typolar's rights thereto, or infringe the rights thereof. Licensee acknowledges that Licensee is not purchasing title to the Typefaces, but are rather being granted a license to use the Typefaces for the purposes set forth above. Except as provided herein, this Agreement does not grant Licensee any intellectual property rights in the Typefaces.
  4. Embedding. Embedding of Typolar Typefaces into ”Embedded Documents” is only permitted in non-editable read-only text in a secure mode where the typeface data can not be extracted from the document. Licensee will be permitted to "embed" the Typefaces, or permit or cause the Typefaces to be embedded, into non-executable digital documents which require either the duplication of the Typefaces, or their simulation with scalable or non-scalable outlines only for non-commercial purposes only. To embed Typefaces into commercial Embedded Documents require a separate Apps & ePub License from Typolar. Embedded Document formats include, but are not limited to: Portable Document Format files (“PDF”), Electronic Publication files (“ePub”), Adobe’s Digital Publishing Suite format (.folio), Apple’s iBooks format (.iba), and Amazon’s Kindle formats (.azw, .KF8, .mobi), Small Web Format or Flash files (“SWF”), and executable software files for any platform.
    1. For clarity, Typefaces may not be placed on a Web Server or used on web sites in any way simulating the use of web fonts. To use Typefaces on web sites a separate Web Use License is needed.
  5. Transfer of Rights. Licensee may not sell, lease, sublicense, or otherwise assign any rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
  6. Warranty. Except as expressly set forth herein, Typolar makes no warranties, expressed or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, or otherwise. Without limiting the foregoing, Typolar shall in no event be liable to the licensed user or any other third party for any direct, indirect, consequential, or incidental damages, including damages from loss of business profits, business interruption, loss of business information, arising out of the use or inability to use the product even if notified in advance. Under no circumstances shall Typolar's liability exceed the replacement cost of the software.
  7. Liability. In no event will Typolar be held liable for any consequential or incidental damages, including any lost profits or lost savings, or for any claim by any party, even if Typolar has been apprised of the possibility of such damages.
  8. Breach and Termination. This Agreement is effective until terminated, but Typolar reserves the right to terminate this Agreement immediately if Licensee fails to comply with any term of this Agreement. Upon any such termination Licensee agrees to destroy the original and any copies of the Typefaces and cease all use of the Typefaces and trademarks. The termination of this Agreement shall automatically, and without any further action by Typolar, terminate and extinguish this Agreement.
  9. Governing Law. This Agreement shall be governed by and construed under and in accordance with the laws of Finland and any disputes will be handled by the Helsinki District Court.
  10. Please note: Once downloaded, fonts may not be returned or refunded.

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