-
Notifications
You must be signed in to change notification settings - Fork 2
/
LICENSE.txt
56 lines (34 loc) · 11 KB
/
LICENSE.txt
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
RICKNER TYPE
FONT SOFTWARE EVALUATION AGREEMENT
(no distribution rights)
This Agreement becomes a binding contract between you and Rickner when you access, Use or download the Font Software. Please read this entire Agreement before you agree to be bound by its terms and conditions. The Agreement contains capitalized terms that are defined in Section 17 of the Agreement.
You hereby agree to the following:
1. You are bound by the Agreement and you acknowledge that all Use of the Font Software supplied to you by Rickner is governed by the Agreement.
2. You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to install the Font Software on a single Workstation solely for the purpose of evaluating such Font Software. You have no rights to the Font Software other than as expressly set forth in the Agreement. You agree that Rickner owns all right, title and interest in and to the Font Software, its structure, organization, code, and related files, including all property rights therein such as copyright, design and trademarks rights. You agree that the Font Software, its structure, organization, code, and related files are valuable property of Rickner and that any intentional Use of the Font Software not expressly permitted by the Agreement constitutes a theft of valuable property. All rights not expressly granted in the Agreement are expressly reserved to Rickner.
3. 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 single Workstation for which you have been granted a license.
4. You may embed the Font Software into your website for display of static and/or dynamic content provided that you comply with all terms and conditions of this Agreement. You may serve the Font Software on your own site and link to it in the CSS. You may serve the Font Software across multiple websites/domains as long as all such websites/domains are owned by You. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, (I) THE FONT SOFTWARE MAY BE USED FOR DEMONSTRATION, EDUCATIONAL, TESTING, AND/OR INFORMATIONAL PURPOSES ONLY; (II) THE FONT SOFTWARE MAY NOT BE USED ON OR IN CONNECTION WITH A COMMERCIAL WEBSITE OR COMMERCIAL PRODUCT; AND (III) YOU MAY NOT DISTRIBUTE THE FONT SOFTWARE EXCEPT AS EXPLICITLY PERMITTED HEREIN.
5. You may not alter Font Software for the purpose of adding any functionality which such Font Software did not have when delivered to you by Rickner.
6. Intentionally omitted.
7. You agree that the Font Software is protected by the copyright law and other intellectual and industrial property rights of the United States and its various States, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties. You agree to treat the Font Software as you would any other copyrighted material, such as a book. You may not copy the Font Software, except as expressly provided herein. You agree not to adapt, modify, alter, translate, convert, or otherwise change the Font Software, or to create Derivative Works from Font Software or any portion thereof. You further agree not to use Font Software in connection with software and/or hardware which create Derivative Works of such Font Software. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or instructions of the Font Software, provided, however, that if you are located in a European Community member country or any other country which provides rights materially similar to the rights set forth in this provision, 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 (but only for such purpose and only to the extent that sufficient information is not provided in a timely manner free of charge by Rickner upon written request). You agree that Rickner owns all right, title and interest in and to the Font Software, its structure, organization, code, and related files, including all intellectual and industrial property rights therein such as copyright, design and trademarks rights. You agree that the Font Software, its structure, organization, code, and related files are valuable property of Rickner and that any intentional or negligent Use of the Font Software not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights. You may not change any trademark or trade name designation for the Font Software.
8. You may not rent, lease, sublicense, give, lend, or further distribute the Font Software, or any copy thereof.
9. You may make one back-up copy of Font Software for archival purposes only, and you shall retain exclusive custody and control over such copy. Upon termination of the Agreement, you must destroy the original and any and all copies of the Font Software.
10. RICKNER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL RICKNER BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF RICKNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF RICKNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so that such limitations may not apply to you. In those jurisdictions, you agree that Rickner’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction.
11. The agreement entered into between you and Rickner is governed by the laws of Wisconsin applicable to contracts wholly entered and performable within such State (without regard to applicable conflict of laws provisions). The United States District Court for the Western District of Wisconsin or, if federal subject matter jurisdiction is lacking, the Dane County District Court of Wisconsin, shall be the exclusive forum for any disputes arising out of or related to such agreement. Both you and Rickner agree to the personal jurisdiction and venue of these courts in any action related to such agreement.
The 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.
12. Upon failure by you (or any authorized person or member of your immediate household to whom you have given permission to Use the Font Software) to comply with the terms of this Agreement, Rickner shall be entitled to terminate this Agreement upon notice by regular mail, telefax or email. The termination of the Agreement shall not preclude Rickner from suing you for damages of any breach of the Agreement. The Agreement may only be modified in writing signed by Rickner.
13. You have the rights expressly set forth in the Agreement and no other. All rights in and to the Font Software, including unpublished rights, are reserved under the copyright laws of the United States and other jurisdictions. All rights reserved. Notwithstanding the foregoing, to the extent that any law, statute, treaty, or governmental regulation shall be deemed by a court of competent jurisdiction to provide you with any additional or different rights from those provided herein and such rights shall be deemed non-waiveable as a matter of law and to supersede the rights specifically provided herein, then such law, statute, treaty, or governmental regulation shall be deemed to be made a part of the Agreement. To the extent that any such rights created by any law, statute, treaty or governmental regulation are waiveable, you agree that your acceptance of the Agreement shall constitute an effective and irrevocable waiver of such rights.
14. If this product is acquired under the terms of a (i) GSA contract - use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract, (ii) DOD contract - use, duplication or disclosure by the Government is subject to the applicable restrictions set forth in DFARS 252.277-7013; (iii) Civilian agency contract - use, reproduction, or disclosure is subject to FAR 52.277-19(a) through (d) and restrictions set forth in the Agreement.
15. Shipping - All Software will be shipped F.O.B. Origin by customary industry methods of shipment.
16. Definitions:
“Derivative Work” means binary data based upon or derived from Font Software (or any portion of Font Software) in any form in which such binary data may be recast, transformed, or adapted including, but not limited to, binary data in any format into which Font Software may be converted.
“Font Software” means software which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Font Software shall include all bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. Font Software includes upgrades or updates (each of which may be provided to you by Rickner in its sole discretion), related files, permitted modifications, permitted copies, and related documentation.
“Rickner” means Thomas A. Rickner.
“Term” means the length of time set forth on Exhibit A.
“Use” of the Font Software shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software, regardless of the location in which the Font Software resides.
“Workstation” means a hardware component in which an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software, regardless of the location in which the Font Software resides.
Exhibit A
Font Software: Buffalo Gal
Typeface Package: .TTF
Term: Valid until December 31, 2018
Buffalo Gal is a trademark of Thomas A. Rickner and may be registered in certain jurisdictions. All other trademarks are the property of their respective owners.
All inquiries and requests for licenses may be sent via the contact page at: http://www.ricknertype.com/contact.html