The Font Software underlying this contractual agreement is the intellectual property of ReadyType, LLC. ReadyType, LLC is the sole licensor of ReadyType™ Font Software. ReadyType.com is a software distribution division of ReadyType, LLC and is the exclusive retailer & distributor of ReadyType, LLC licensed fonts. The term “Font Software” includes any and all updates, upgrades, expansions, modified versions and working copies of the Font Software to which the licensee, i.e. a person or legal business entity has accordingly been granted a license. The Font Software perpetually remains the property of ReadyType, LLC. ReadyType, LLC is the company. ReadyType.com is the retail division of the company. ReadyType™ is the brand of Font Software sold through ReadyType.com & owned by ReadyType, LLC
Upon full payment of the agreed–upon usage fee, ReadyType, LLC grants the licensee the non-exclusive, non-transferable right to simultaneously use or store the Font Software, with consideration that the aforementioned software has been released at time of delivery or upon payment made by the licensee, up to a maximum of 5 computers at one single geographical location stipulated by the licensee. 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. 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. 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.
The principal guidelines of this License Agreement do not permit transfer or the license to a third party with exception to the acquisition of a company which includes a change of ownership of its property. In an instance the licensee is authorized by ReadyType, LLC to transfer the usage rights and license to a third party, implicit compliance to certain criteria must be met.
a. The licensee must return to ReadyType, LLC the original license accompanied by a written and signed request to transfer the license to the interested party
b. The licensee must receive in writing, a confirmation letter to the request.
c. For the third party to receive a license equivalent to the original license the third party must expressly declare to ReadyType, LLC in writing to strictly and unrestrainedly submit and adhere to the conditions of the license agreement for Font Software.
d. In the event of transfer of the license to a third party, the original licensee agrees and is obligated to refrain from further usage of the Font Software, is obligated to delete said software where it was installed & may not retain any copies or components of the Font Software.
Exclusive to 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 bureau. If any text modification is required, the servicing company is required to possess its own license for the Font Software. The licensee is required to inform the commercial printer or service bureau about the content of this license agreement in all cases.
Under the strict condition that the Font Software has been assigned [read only] properties the Font Software may be embedded into electronic documents or Internet pages. The licensee is responsible for assuring that the Font Software cannot be used or edited though any form of extraction or modification of said document.
Under the strict condition that the Font Software is not edit–able and remains in that state, said software may be distributed electronically in a document for personal use or use within a single business entity. The font software may be embedded, printed & electronically distributed under the aforementioned conditions.
a. Embedding the Font Software in a commercial product in not permitted within this license, but may be granted under a separate written license from ReadyType, LLC.
b. Editing of the Font Software and adding font data is not permitted, but the licensee may attain permission to edit the software for specific use under a separate written license from ReadyType, LLC.
For a license to be extended beyond the defined maximum number of computers at one single geographical location stipulated by the licensee, the licensee must purchase an extended license. For a licensee to use the licensed Font Software outside of the usage rights defined in this license agreement, an additional license–agreement must be purchased. In addition, requests for licensing outside of the general scope of licenses offered by ReadyType, LLC may be granted following their approval in the form of a license–agreement which addresses said usage.
Subject to the provisions of sub–sections 1.3 and 1.4 of this agreement, the sale, loan or transfer of the font Software to a third party is strictly prohibited. The sale or sublease of the Font Software or any component of it is strictly prohibited. This license and usage rights for Font Software is limited to the provisions of Article 1 of this agreement.
Subject to the provisions of sub–sections 2.2.1 and 2.2.2 of this agreement, modification and extraction of the Font software is strictly prohibited. Manipulation of components of the Font Software outside the scope of resolving technical issues for use on the licensees own computers is strictly prohibited.
As an exception to sub–section 2.2, de-Compiling ReadyType, LLC licensed Font Software is only permitted in instances where information required to operate the software on the licensees system is not published and can not be obtained from ReadyType, LLC. ReadyType, LLC must be notified in writing by the licensee as to which portions of the software are being de-compiled.
ReadyType, LLC must consent and grant the licensee permission to any modification of the Font Software. Modification of Font Software without obtaining proper consent voids the warranty obligations expressed in Article 3. Product (data) of unwarranted modification by licensee or any third party automatically becomes property of ReadyType, LLC and must be surrendered. The change or modification of identifying tags, such as font name, Trademark or Copyright notification is strictly prohibited and may result in legal disciplinary action. Any modification of Font Software without the expressed consent of readyType, LLC is a breach of the Font Software License Agreement.
Upon receipt of the Font Software by the licensee, ReadyType, LLC, grants a 60-day warranty guaranteeing that the Font Software is essentially free from material defect in accordance with the Documentation. The licensee is aware that in the nature of this product the Font Software may never be considered completely free of errors and can contain errors that may effect performance. If the Font Software is found to contain errors which effect functionality and operation, a claim can be made by the licensee which may also initiate a revision of the product to resolve the issue. To make a warranty claim, the licensee has to return the Font Software, including a copy of the sales receipt and a description of the software issue within the 60-day warranty period to:
ReadyType.com
PO Box 160293
Brooklyn, New York 11216-0293
USA
NOTE: Please include your contact information.
If the font software was delivered electronically, it may be returned electronically with a copy of the receipt and a description of the software issue within the 60-day warranty period to:
info@ReadyType.com
NOTE: Our response to you will go to the e-mail your claim was sent from unless the licensee has otherwise specified.
Questions regarding warranty for Font Software may also be submitted to:
info@ReadyType.com
If the Font Software is not essentially free from material defect in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at ReadyType, LLC’s option, the replacement of the Software or the refund of the license fee that the licensee paid for the Software. ReadyType, LLC does not and cannot warrant the performance or results the licensee may obtain by using the Font Software or Documentation. This sub–section states the sole and exclusive remedies for ReadyType, LLC’s breach of warranty.
With exception to the 60-day limited warranty, ReadyType, LLC makes no warranties, expressed or implied, as to non-infringement of third party rights, merchantability, or fitness for any particular purpose. In no event will ReadyType, LLC be liable to the licensee for any consequential, incidental or special damages, including without limitations any lost profits, lost data, lost business opportunities or lost savings, even if ReadyType, LLC has been advised of the possibility of such damages, or for any claim against the licensee by any third party seeking such damages even if ReadyType, LLC has been advised of the possibility of such damages.
ReadyType, LLC complies to state to state variations of legislation regarding licensee damages resulting from the use of the Font Software and understands that some states laws override ReadyType, LLC’s length of warranty and liability stated in sub–section 3.4. To the extent of the law, any warranties are limited to sixty (60) days. In jurisdictions that do not permit a limitation of implied warranty the licensee agrees that ReadyType, LLC liability for such injury or death shall not exceed $10,000 USD, provided that such jurisdictions permit a limitation of such liability. This warranty gives the licensee specific legal rights. The licensee may have other rights that vary from state to state or jurisdiction to jurisdiction.
The licensee agrees that this license for Font Software does not in any way transfer ownership of the licensed product from ReadyType, LLC to themselves and furthermore agrees that the Font Software, all copies of it and all components including: font data tags, encoding, structure, organization and design are the sole property of ReadyType, LLC unless otherwise designated by ReadyType, LLC in writing.
The licensee agrees and acknowledges that the Font Software and its individual components and any accompanying documentation is protected under US Trademark TM law and Copyright © law and international treaties of intellectual property which extend US Trademark and Copyright law. The licensee declares not to alter of reproduce any of the Font Software in any form, including: the translation of it’s encoding, reproduction of any components, reveal the source code, adapt components of the Font Software into another product or reproduce it unless implicit written documentation has been given or otherwise stated in writing. Usage of Trademark and Copyright information may only be used to identify the printed product of the Font Software to acknowledge the rights attributed to this product and to identify the owners connected to such information and furthermore acknowledges ownership of this product and accompanying documentation as property of ReadyType, LLC and any affiliates otherwise stated. Any permitted copies the licensee may produce in accordance with this agreement must contain the same intellectual property clauses of Trademark & Copyright. The licensee further acknowledges to respect the Trademark and Copyright laws as binding aspects of this license agreement while in possession of ReadyType, LLC property.
The license and usage right granted to the licensee which is guaranteed under sub–section 1.2 of this contractual agreement shall immediately become null and void in any event of a breach of this contract by the licensee.
If the licensee or one of the licensee’s employees breaches the agreed–upon license and right of use or intellectual property rights of ReadyType, LLC, ReadyType, LLC has the right to immediately terminate the license and right of use which was granted. ReadyType, LLC reserves the explicit right to assert any further claims for information or compensation for damages and any other claim to address a breach.
In any event of termination of a license, the licensee must make no further use of the font software and must return it to ReadyType, LLC. The licensee must delete the Font Software from any electronic equipment and return the original copy of the product including documentation to ReadyType, LLC. To ensure ReadyType, LLC that the licensee has conformed to these handling instructions, the return of ReadyType, LLC product must be accompanied by a signed letter stating licensee compliance with the handling instructions.
The license, usage rights and articles of this contract will remain in full effect regardless of and with exception to any specific regulations or aspects of this agreement that may become invalid or unenforceable.
The licensee in possession of ReadyType, LLC Font Software is responsible for protecting the property they have been granted the right to use. It is the obligation of the licensee to take steps to prevent access deemed unauthorized by ReadyType, LLC for Font Software and any copies of such.
If the licensee has granted employees or representatives use of the Font Software, the licensee must put the aforementioned party under the same obligation to comply with the provisions and conditions stated in the license. The licensee is responsible for the compliance of any other individual to the contents and conditions of the license agreement.
The entirety of this contract and its attachments represent an agreement between the parties. There are no verbal contractual agreements or verbal stipulations to this agreement. Any verbal information regarding agreements or stipulations to ReadyType, LLC may only become binding on this agreement if acknowledged and confirmed in writing by ReadyType, LLC.
Changes to any aspect of this contract require they be produced in writing to be acknowledged by ReadyType, LLC.
All disputes arising from, in connection with or in reference to this contract, including any dispute over the materialization of this contract are exclusively subject to the law of the United States of America (USA). The rights and obligations of the parties arising from this contract are based on American law, even in the event that the exertion or breach of contractual rights takes place in a foreign country. Place of jurisdiction is New York State, USA.
If it is found that one or more provisions of this contract have been deemed to be invalid or inoperative, the remainder of the contract shall remain unaffected. Any invalid provision shall be replaced by a provision that approaches the invalid provision according to the law with interest to the economic interest intended by the parties.
This agreement is governed only by the laws of the USA. ReadyType, LLC does not acknowledge compliance to any international conventions outside the scope of those regulated by the United States of America.
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