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LINETO TYPE FOUNDRY END USER LICENSE AGREEMENT FOR FONT SOFTWARE
Once you have downloaded onto your computer any of the fonts from our website lineto.com after payment by credit card or bank transfer, you accept that those goods are non-returnable and non-refundable. If the goods are defective in any way, you agree to inform Lineto within thirty (30) days and you will be provided with replacements within 24 hours. Your statutory rights as a consumer are not affected.
Preamble
This license agreement for Font Software becomes a legally binding contract between the licensee and Lineto GmbH when the licensee agrees to the Terms of Condition in an electronic delivery method or purchases the Font Software on a storage medium and opens the packaging containing the typefaces. If the licensee refuses to accept a contractual obligation through this license agreement, he is not permitted to download, access, and/or use the Font Software. The licensee is required to thoroughly and carefully read through the complete license agreement before agreeing to the conditions specified here.
Article 1 - License and Usage Rights
1.1
The Font Software underlying this contractual agreement is the intellectual property of Lineto GmbH. The term ÒFont SoftwareÓ includes any and all updates, upgrades, expansions, modified versions and working copies of the Font Software to which the licensee, i.e. a natural person and legal person or, within the scope of a legal person, a subsidiary with majority share, has accordingly been granted a license. The Font Software remains and shall remain, now and in the future, the property of Lineto GmbH.
1.2
Upon full payment of the agreed-upon usage fee, Lineto GmbH grants the licensee the non-exclusive, non-transferable right to simultaneously use or store the Font Software on a maximum of 5 (five) computers (workstations) or by a maxiumum of 5 (five) users at one single geographical location stipulated by the licensee, within one single company or institutional entity only. In the event that extensions to the above-mentioned restriction become necessary, the licensee is obliged to purchase an extended license. The licensee may install 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 Workstations and printers that are part of the licensed Unit of which the server is part. For the purpose of determining the proper number of Workstations for which a license is needed, the following example is supplied for illustration purposes only: ÒIf there are 100 Workstations connected to the server, with no more than 15 Workstations either using this Font Software currently, but the Font Software will be used on 25 different Workstations at various points in time, a site license must be obtained creating a licensed unit for 25 workstations.Ó The Font Software may not be installed or used on a server that can be accessed via the Internet or other external network system (a system other than LAN) by Workstations, which are not part of a licensed Unit. Fonts used with a server based application require a License Extension for Servers. If the Font Software is intended to be used for commercial purposes, each individual license permits one additional usage (installation) on a personal home or portable computer. For the exclusive purpose of data backup, additional backup copies of the Font Software can be made.
1.3
Transferring the license to a third party is essentially not permitted. By way of exception, the licensee is authorized to transfer the usage rights and license to a third party only upon compliance with all of the following conditions: The third party has expressly declared to the licensee to strictly and unrestrictedly submit and adhere to the conditions of this license agreement for Font Software. In the event of transfer of the license to a third party, the licensee agrees and is obligated to refrain from further usage of the Font Software, and, regardless of where it is located, agrees and is obligated to delete said software and is not permitted to retain any copies, in whole or in part, of such.
1.4
For the exclusive purpose of outputting certain files, the licensee is permitted to transfer a copy of the Font Software which is used for creating the pertinent file to a commercial printer or another service company. In the event of any text modification, the service company is required to possess its own license. The licensee has to inform the commercial printer/pre-press/service company about the content of this License Agreement.
1.5
Embedding of the Font Software into electronic documents or Internet pages is only permitted under the absolute assurance that the recipient cannot use the Font Software to edit or create a new document (ÒREAD-ONLYÓ). It must be ensured that the Font Software cannot be fully or partially extracted from said documents.
1.6
The licensee may electronically distribute Font Software embedded in a ÒPersonal or Internal Business UseÓ document only when the Font Software embedded in such document is in a static graphic image (e.g., a ÒgifÓ image) or an embedded electronic document (e.g., a ÒpdfÓ file, or an ÒAdobe FlashªÓ file), and is distributed in a secure format that permits only the viewing and printing (and not the editing, altering, enhancing, modifying, or extracting) of such static graphic image or embedded document.
1.7
If the licensee intends to edit or modify a document containing the embedded Font Software, a request must be made to Lineto GmbH. Lineto GmbH will then conclude a License Extension for Font Embedding. This License Extension for Font Embedding is subject to an additional fee.
Article 2 - Exclusion of Other Usage
2.1
Subject to the provisions in subsections 1.3 and 1.4 of this agreement, selling, lending or otherwise transferring the Font Software to a third party or parties is strictly prohibited. In addition, transferring the Font Software as a component or sub-component of other products, e.g., electronic documents or sublicenses, to a third party or parties is also strictly prohibited.
2.2
Subject to the provisions in subsections 2.3 and 2.4 of this agreement, the following is prohibited: modifying the Font Software, merging it with other software programs, decompiling it, using modules from said software for oneÕs own developments or using technical solutions contained in the Font Software for purposes other than operation on the licenseeÕs own computers.
2.3
Exceptions to subsection 2.2 are only permitted provided they are essential to obtaining the necessary information for establishing interoperability of the software with other programs, and provided this information is neither published nor accessible in any other form and if the licensee is unable to obtain said information from Lineto GmbH or its authorized distributors or appointed agents. In this case, the licensee shall inform Lineto GmbH in writing as to which portions of the software the licensee is decompiling.
2.4
Modifying the Font Software is prohibited, even in the event that it is necessary for fulfilling personal design requirements. If the licensee wants to make modifications, consent and permission has to be obtained from Lineto GmbH. Non-compliance with this provision voids any and all support rights and warranties granted by Lineto GmbH and represents a violation and breach of this license agreement. Furthermore, if the licensee or a third party or parties effect modifications to the Font Software despite the prohibition against such modifications, Lineto GmbH becomes the owner of that modified data. Specifically, it is prohibited to change or modify the Font/Trademark names used as identifying tags in the Font Software in any form or manner. If such changes or modifications become necessary, prior written consent has to be obtained from Lineto GmbH.
Article 3 - Warranty and Liability
3.1
Upon receipt of the Font Software by the licensee, Lineto GmbH grants a 90-day warranty guaranteeing that the Font Software is essentially free from material defect in accordance wi |