End-User License Agreement (EULA)
1. Grant of License. Typolar Ltd (the “Typolar”) grants you a non-exclusive, non-transferable license (the “License”) to operate its font software (the “Typefaces”) on a fixed number of computers at a single location, as indicated at Order Confirmation from Typolar. You agree not to duplicate, reproduce, sell, transfer, license, or otherwise distribute the Typefaces in any form, except as provided herein. Notwithstanding the foregoing you are permitted to make a single back-up copy. You agree 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. You agree not to alter or remove Typolar’s copyright notices as contained in the Typefaces.
2. Copyright. Typolar retains full title and ownership of these Typefaces both as artwork and 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 you agree not to challenge Typolar’s rights thereto, or infringe the rights thereof. You acknowledge that you are 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 you any intellectual property rights in the Typefaces.
3. Embedding. Embedding of Typolar Typefaces into electronic documents, including but not limited to Portable Document Format (PDF) files or internet pages, is only permitted in a secure mode where typeface data can not be severed. In order to facilitate transmission of digital files over public computer networks, including but not limited to publicly accessible pages on the World Wide Web, you will be permitted to “embed” the Typefaces, or permit or cause the Typefaces to be embedded, into digital documents which require either the duplication of the Typefaces, or their simulation with scalable or non-scalable outlines (“Embedded Documents”). Embedded Document formats include, but are not limited to: Acrobat (or other) files employing the Portable Document Format (“PDF”); Macromedia Flash (or other) files employing TrueDoc; documents employing Web Embedding Font Technology (“WEFT”).
4. Transfer of Rights. You 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.
5. 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.
6. 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.
7. Breach and Termination. This license is effective until terminated, but Typolar reserves the right to terminate this license immediately if you fail to comply with any term of this license. Upon any such termination you agree 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 License.
8. Governing Law. This license shall be governed by and construed under and in accordance with the laws of Finland.