Please read this agreement carefully. This End-User License Agreement (“Agreement”) constitutes a binding legal agreement between you and the Phelan Riessen (“Licensor”), and establishes the terms and conditions by which you are permitted to install and use the Licensed Software (as defined below) and any related items of Phelan Riessen (as defined below). By downloading, installing and/or using the Licensed Software, you confirm that you have read, understand and agree to be bound by the terms of this agreement. If you are entering into this agreement on behalf of your employer, or your client (and you have the legal authority to sign contracts on their behalf), then “you” refers to that entity. If not, then this agreement binds you personally. This agreement does not create third party beneficiary rights for any parties. If you do not agree to the terms of this agreement, do not install the Licensed Software.
GRANT OF LICENSE. This EULA grants you the following rights:
To enter into this Agreement, you must be (i) eighteen (18) years of age or older, and (ii) be able to form binding contracts under the laws applicable to you. By completing your purchase and installing the Licensed Software, you are representing and warranting that both (i) and (ii) above are correct.
WHEREAS, the Licensor is in the business of creating and providing to its customers graphic font and typeface designs; Licensor agrees to provide you with a license or licenses for custom electronic font and/or typeface images (“Initial Font Designs”)
- These fonts are protected from unauthorized duplication and have the same rights as computer software.
- This SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE PRODUCT is licensed, not sold.
- The licensed fonts (zipfile) must be kept intact, without alterations, if being transferred via disk, CD, email, internet, or any other media.
- Install the software in a single location per license on a hard disk or other storage device on one computer only.
- This software may be used for commercial use. You may use these fonts for reproducing final printed and embellished products only. These fonts may NOT be duplicated on any other computers nor resold or included in any other product for resale.
- This software may not be included in any compilation CD’s, software, commercial or shareware.
- You may not rename, edit or create any derivative works from the SOFTWARE PRODUCT, other than subsetting when embedding them in documents unless you have permission from the Licensor.
** LIMITED WARRANTY **
NO WARRANTIES. The Licensor expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
** NO LIABILITY FOR CONSEQUENTIAL DAMAGES **
In no event shall the Licensor be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the Licensor has been advised of the possibility of such damages.
** INDEMNIFICATION **
The Licensor warrants that it has designed or will design all font and typeface images and related concepts or otherwise has the right to use any and all font and typeface images used by the Licensor in the design and development of the Initial Font Designs. The Licensor agrees to defend, indemnify, and hold you harmless from and against any claim by a third party that there has been an infringement of any third party’s copyright and/or other intellectual property rights by virtue of the initial font designs or the materials used by the Licensor in the design or development of the initial font designs.