Both Educational and Commercial Licenses are provided on this page:
Educational Use License
END USER LICENSE AGREEMENT
We recommend that you print this Font Software License Agreement for further reference.
This Font Software End User License Agreement (the "Agreement") becomes a binding contract between you and Tristan Durie (a) when you click on the area marked "ACCEPT LICENSE AGREEMENT," or similar language or when you accept the Agreement by other means (for instance referring to the Agreement in a purchase order, a confirmation email etc.) or, (b) if you are acquiring Font Software on a CD-ROM, DVD or other storage media, when you open the package in which the Font Software is contained. If you do not wish to be bound by the Agreement, you cannot access, Use or download the Font Software. Please read this entire Agreement before agreeing to be bound. The Agreement contains capitalized terms that are defined in Section 13 of the Agreement.
You hereby agree to the following:
Binding Agreement. You are bound by the Agreement and you acknowledge that all Use of the Font Software supplied to you by Tristan Durie is governed by the Agreement.
License Grant. You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to access the Font Software (i) only in a Licensed Unit, (ii) only for your Personal or Internal Business Use, and (iii) only subject to all of the terms and conditions of the Agreement.
Embedding Font Software and Representations of Typeface and Typographic Designs and Ornaments. You may embed the Font Software only into an electronic document that (i) is not a Commercial Product, (ii) is distributed in a secure format that does not permit the extraction of the embedded Font Software, and (iii) in the case where a recipient of an electronic document is able to Use the Font Software for editing, only if the recipient of such document is within your Licensed Unit.
You may embed static graphic images into an electronic document, including a Commercial Product, (for example, a "gif") with a representation of a typeface and typographic design or ornament created with the Font Software as long as such images are not used as a replacement for Font Software, i.e. as long as the representations do not correspond to individual glyphs of the Font Software and may not be individually addressed by the document to render such designs and ornaments.
Server Use. The Font Software may not be installed or Used on an internal or external (i.e., internet accessed) server unless all Workstations that can access such server are part of a Licensed Unit. 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: If there are 100 Workstations connected to the server, with no more than 15 Workstations ever using the Font Software concurrently, but the Font Software will be used on 25 different Workstations at various points in time, a license must be obtained which creates a Licensed Unit for 25 Workstations.
Commercial Printers. You may embed the Font Software in an electronic document solely for print and view and provide such electronic document to a commercial printer for printing only. You may take a copy of the Font Software used for a particular document to a commercial printer provided that the printer represents to you that it has purchased or been granted a license to use that particular Font Software.
Alterations to Font Software. You may not alter Font Software for the purpose of adding any functionality that such Font Software did not have when delivered to you by Tristan Durie. If the Font Software contains embedding bits that indicate that the Font Software is only authorized for certain purposes, you may not change or alter the embedding bits.
Transfer of the Font Software. You may not rent, lease, sublicense, give, lend, or further distribute the Font Software, or any copy thereof, except as expressly provided herein. You may transfer all your rights to use the Font Software to another person or legal entity provided that (i) the transferee accepts and agrees to be bound by all the terms and conditions of the Agreement and (ii) you destroy all copies of the Font Software, including all copies stored in the memory of a hardware device. If you are a business or organization, you agree that in case of a reasonable doubt with regard to the proper Use of the Font Software within your organization, upon request from Tristan Durie or its authorized representative, you will within thirty (30) days fully document and certify that Use of any and all Tristan Durie Font Software at the time of the request is in conformity with your valid licenses from Tristan Durie.
Copies. 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. Any copies that you are expressly permitted to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Font Software. Upon termination of the Agreement, you must destroy the original and any and all copies of the Font Software.
Intellectual and Industrial Property Rights. 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 Tristan Durie upon written request). You agree that Monotype Imaging 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 Tristan Durie 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 agree to use trademarks associated with the Font Software according to accepted trademark practice, including identification of the trademark owner's name. Trademarks can only be used to identify printed output produced by the Font Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit of Tristan Durie. You may not change any trademark or trade name designation for the Font Software.
Limited Warranty. Tristan Durie warrants to you that the Font Software will perform substantially in accordance with its documentation for the ninety (90) day period following delivery of the Font Software. To make a warranty claim, you must, within the ninety (90) day warranty period, return the Font Software to the location from which you obtained it along with a copy of your receipt or, if such Font Software is acquired on-line, contact the on-line provider with sufficient information regarding your acquisition of the Font Software so as to enable Tristan Durie Imaging to verify the existence and date of the transaction. If the Font Software does not perform substantially in accordance with its documentation, the entire, exclusive, and cumulative liability and remedy shall be limited to the refund of the license fee you paid to Tristan Durie to obtain delivery of the Font Software.
TRISTAN DURIE DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR TRISTAN DURIE'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, TRISTAN DURIE 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 TRISTAN DURIE 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 TRISTAN DURIE 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 TRISTAN DURIE 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 Tristan Durie'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. The Font Software is non-returnable and nonrefundable.
Termination. 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, Tristan Durie shall be entitled to terminate this Agreement upon notice by regular mail, telefax or email. The termination of the Agreement shall not preclude Monotype Imaging from suing you for damages of any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Monotype Imaging.
Terms and Conditions. You have separately agreed to Tristan Durie's standard Terms and Conditions (www.whirlwindpress.ca) which include provisions relating to governing law and jurisdiction, export restrictions and U.S. government contracts. In the case of a conflict between the Terms and Conditions and this Agreement, this Agreement shall control.
"Basic Licensed Unit"
means up to five (5) Workstations connected to no more than one (1) printer with a non-volatile memory (for example, a hard drive). If you intend to use the Font Software on more equipment than permitted by a Basic Licensed Unit, you must create an Expanded Licensed Unit by obtaining from Tristan Durie, for an additional fee, a license extension for all such equipment.
means an electronic document, printed document or data file created by Use of the Font Software which is offered for distribution to the general public (or to some subset of the general public) as a commercial product or other result of your business activity. By way of illustration and not by way of limitation, an electronic book or magazine distributed for a fee shall be considered a Commercial Product; a document distributed in connection with a commercial transaction in which the consideration is unrelated to such document (for example, a business letter, a ticket for an event, or a receipt for purchase of tangible goods such as clothing) shall not be considered a Commercial Product.
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.
"Expanded Licensed Unit"
means the number of Workstations and/or printers with a non-volatile memory contained in your Licensed Unit as agreed between you and Tristan Durie.
means software or instructions 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 Monotype Imaging in its sole discretion), related files, permitted modifications, permitted copies, and related documentation.
means a Basic Licensed Unit or an Expanded Licensed Unit as is appropriate to the context in which the term is used. If you have acquired an entire Font Software Library (that is, a single license for Font Software for 500 or more different typeface designs) then "Licensed Unit" shall mean up to twenty (20) Workstations connected to no more than two (2) printers with non-volatile memories.
means collectively Tristan Durie., its successors and assigns, its parent and affiliated corporations, its authorized distributors, and any third party that has licensed to Tristan Durie any or all of the components of the Font Software supplied to you pursuant to the Agreement.
"Personal or Internal Business Use"
means Use of the Font Software for your customary personal or internal business purposes and shall not mean any distribution whatsoever of the Font Software or any component or Derivative Work thereof. "Personal or Internal Business Use" shall include Use of the Font Software within your Licensed Unit by persons that are members of your immediate household, your authorized employees, or your authorized agents.
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. "Use" of the Font Software shall also occur when the software or instructions are executed.
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 or implement the Font Software, regardless of the location in which the Font Software resides.
Commercial Use End User License AgreementPlease read this document carefully
and we recommend that you keep a copy for further reference
What this paragraph means:Please read this document carefully, because you agree to its terms by installing the font software.
|2||Upon payment in full, Commercial Type will grant you a non-exclusive terminable License to the Font Software that accompanies this EULA. Use of the Font Software is limited to Personal or Internal Business Use only. For the purposes of this Agreement, “Font Software” shall be defined as the design of the Fonts together with the Font Software which, when used generates the typeface, typographic designs and, if applicable, ornaments or other designs. Personal or Internal Business Use shall mean Use of the Font Software for your customary personal or internal business purposes and, except as may otherwise permitted herein, shall not mean or include the commercial distribution or use of Font Software, the design of the fonts or artwork embodied therein or any component thereof for any commercial use or in any Commercial Product for sale whatsoever. For the purposes of this Agreement, prohibited commercial uses include, by way of example not limitation, T-shirts, third-party software, electronic devices, mugs, animation, etc. and as may be further noted below. Authorized commercial uses include the production of a newspaper, magazine, book or other paper publication, print advertising, broadcast advertising, signage, and point of sale displays. If you are unsure whether your use is not permitted, contact Tristan Durie. Your failure to contact to seek permission or the lack of a specific prohibition in this Agreement shall not be interpreted or deemed a waiver or permissible use of any kind. You hereby agree that the Font Software shall further comprise all bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. The Font Software shall be deemed to include any upgrades, updates, related files, permitted modifications, if any, permitted copies, and related documentation.||
What this paragraph means:“Prohibited commercial uses” means, for example, producing letter- or alphabet-themed products for sale using one of our typefaces, or products in which the type is the main visual element, such as a logo or a phrase. This is allowed with an additional licensing fee. Please contact us at admin[at]whirlwindpress.ca for information and a quote. However, a publication using any of our fonts in production would be considered a “customary internal business use”, covered fully by the standard license.
|3||If you are a design consultancy, advertising agency or purchasing this license for use by or on behalf of such an entity, the ultimate end user should also purchase a license appropriate for their intended use of the Font Software, if their use of the Font Software is likely to involve uses not permitted under this Agreement. The license granted herein for personal use does not extend to uses by temporary employees or independent contractors using the Font Software as their use may relate to providing professional services or for other professional uses. Under such circumstances an employer and/or the ultimate end user are also required to purchase a license appropriate for their usage.||
What this paragraph means:One company with many locations or remote workers may purchase a single license to cover all users at all locations, but a license may not be shared by mulitple companies (i.e. both a designer and his or her client), or by freelance designers working either on-site with their own equipment or working off-site.
|4||For the purposes of this Agreement, “Commercial Product” shall also mean, among other things, a user editable electronic document created by Use of the Font Software which is offered for distribution to the general public (or to some subset of the general public), in Flash type software distributed or exhibited, in gaming products or software where the extraction of the Font Software or the designs embodied therein may be extracted; or use on goods for sale as a commercial product in exchange for a separate fee or other consideration. However, a document distributed in connection with a commercial transaction in which the consideration is unrelated to such a document (for example, printed advertising, a business letter or a receipt for purchase of tangible goods such as clothing), or as other design materials distributed incidental to the purchase of goods or services, shall not be considered a Commercial Product.||
What this paragraph means:If a reader or user cannot create new content using one of our fonts in a PDF or Flash application, and the complete font is not embedded, no additional license is required. If any content will be editable or the font will be embedded in commercial software, please contact us for a license upgrade at admin[at]whirlwindpress.ca
a) Except as may be prohibited herein, you are permitted to electronically distribute a “Personal or Internal Business Use” document (that is, a document other than a Commercial Product as defined above) (i) that is in a static graphic image (for example, a “gif”) or in an embedded electronic document, and (ii) which is distributed in a format that permits only the viewing and printing (and not the editing, altering, enhancing, or modifying) of such static graphic image or embedded document. Personal or Internal Business Use shall not include any Use of the Font Software by persons that are not members of your immediate household, your authorized employees, or your authorized agents. All such household members, employees and agents shall be notified by you as to the terms and conditions of the Agreement and shall agree to be bound by it prior to use of the Font Software.
b) Use of the Font Software in sIFR (Scalable Inman Font Replacement) and Cufón is permitted. However, the use of @font-face or other forms of web embedding or web font replacement technologies, (“Font Replacement Technologies”) other than pdf as otherwise expressly permitted herein, each require the purchase of a license upgrade.
What this paragraph means:If a reader or user cannot create new content using one of our fonts in a PDF or Flash application, and the complete font is not embedded, no additional license is required. This covers, for example, presentations to a client, websites, and downloadable or web-based online publications. If any content will be editable, please contact us for a license upgrade at admin[at]whirlwindpress.ca. Web embedding is allowed with a separate license and EULA for WOFF format fonts, and no additional charge for sIFR or Cufón.
|6||Tristan Durie, its successors and assigns, expressly retain all right and title in and to the Font Software together with the design of the Font embodied therein together with any trademarks used in connection therewith. Except as may be otherwise expressly permitted herein, you agree not to copy the Font Software or create derivative works based upon the design of the Font or the Font Software. You hereby agree that the design of the Font and the Font Software are the exclusive property of Tristan Durie and that the unauthorized use of the design of the Font or the Font Software is an infringement of Tristan Durie’s exclusive rights and causing significant monetary harm. All rights not expressly granted herein are reserved to Tristan Durie. Tristan Durie’s rights and remedies in the event of an infringement shall be cumulative in nature.||
What this paragraph means:This license grants you the right to use our fonts and to make a copy of the files for backup purposes, but the fonts (both the software describing the design and the design itself) belong to us. You are not allowed to give copies to your friends, family or clients, and you may not modify the fonts without written permission from us.
|7||Except as is prohibited herein, 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 expressly for and limited to the number of total users disclosed and licensed under this Agreement, i.e., the total number of users who could use the Font Software, not the total number of users who might have access to the Font Software at any one time.||
What this paragraph means:You may install the fonts on a central server and access them from there on individual workstations, using software such as FontExplorer X™ Server or Universal Type Server™, as long as you don’t exceed the total number of users allowed by your license. Your license will need to cover the number of users able to actively use the fonts at one time, not just the single server.
|8||Except as may be otherwise expressly permitted herein, you may not alter or copy the Font Software or the designs embodied therein in any manner whatsoever. Reformatting the Font Software into other formats for use in other operating systems is expressly prohibited. Upon payment of an additional fee and a separate written agreement Tristan Durie may, if so agreed, provide the Font Software in alternate and/or additional font formats, contact Tristan Durie for a quotation. Altering or amending the embedding bits characteristics of the Font Software is expressly prohibited. The Font Software may not be used to create or distribute any electronic document in which the Font Software or any part thereof, is embedded in a manner or format that permits editing, alterations, enhancements, or modifications by the recipient of such document. You may not knowingly transmit any electronic document or the Font Software to any party that intends or is likely to “hack,” edit, alter, enhance, or otherwise modify the Font Software or remove the Font Software from any document.||
What this paragraph means:You will need written permission from us before making any kind of modifications to a font which you have licensed from us, including renaming the font or converting it into a different format, in part because we aren’t able to support fonts we haven’t built and tested ourselves. Please contact us at admin[at]whirlwindpress.ca for more information.
|9||You may make one (1) back-up copy of Font Software for archival purposes only, and you agree to retain exclusive custody and control over any such copy. Upon termination of the Agreement, you must destroy the original and any and all copies of the Font Software. The unauthorized sharing, lending, renting, sale, or other unauthorized use or misuse of the back-up copy is a material breach of this Agreement and will result in the immediate termination of this License.||
What this paragraph means:You may make a copy of the font files for backup purposes, but you may not give or lend copies to your friends, family, clients or especially to strangers.
|10||If no other option exists, you may take a digitized copy of the Font Software used for a particular document, or Font Software embedded in an electronic document that is sent to a commercial printer or service bureau for use by the printer or service bureau for preparing the document provided that the printer or service bureau represents that it shall destroy any and all copies of the Font Software upon completion of its work. Notwithstanding, you agree that the transmission of a “print/preview” PDF document is the first and preferred method of transmitting such documents to a service bureau or printer.||
What this paragraph means:If making a PDF is not an option, you may deliver a copy of the fonts to a service bureau or printer for final output. The service bureau must destroy the fonts when they are finished with the job.
|11||The designs embodied and the Font Software and any trademarks associated therewith are the exclusive property of Tristan Durie, where applicable and are protected by the copyright and other intellectual property laws of the United States, by the copyright and design laws of other nations, and by other international treaties. Any copies that you are expressly permitted to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Font Software.||
What this paragraph means:This license grants you the right to use our fonts, but ownership of the fonts (both the software describing the design and the design itself) belongs to us.
|12||You agree not to create, assist in and/or cause the creation of modifications or additions to the Fonts or Font Software, including, but not limited to, creating additional weights; creating additional or deleting existing characters; modifying existing characters; modifying font spacing and kerning; or converting fonts to an alternate digital format, modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or otherwise attempt to discover the source code of the Font Software without first obtaining written permission from Tristan Durie. In the event that permission is given to you, any and all modifications and additions shall become and shall remain the sole and exclusive property of Tristan Durie and you may not sell, lend or otherwise transmit any modifications or additions to the Font Software to any third party. Other jurisdictions may provide for additional rights, and if applicable, 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 by Tristan Durie upon written request). All trademarks shall be used in accordance with accepted trademark practice, including identification of the trademark owner’s name. Use of the trademarks associated with the Font Software inures solely to the benefit of Tristan Durie.||
What this paragraph means:You will need written permission from us before making any kind of modifications or additions to a font which you have licensed from us, or hiring anyone else to do so. Please contact us at admin[at]whirlwindpress.ca for more information.
Use of Tristan Durie's Font Software in the following circumstances and/or applications is not permitted without first obtaining the appropriate licensing upgrade.
a) alphabet or letterform-related or music notation products for resale or letterform creation or music notatino products or devices;
b) embedding in electronic devices; all gaming uses and/or devices;
c) embedding in software;
d) storing and/or serving the font software for the purposes of making the font software available via the internet using certain font replacement technologies.
i) Letterform or Alphabet Products or music notation Products include, but are not limited to, signage and/or scrapbooking uses involving reproductions of individual letterforms, use in the creation of signage or numbering products, rubber stamps, die-cut products, stencil products, tattoo, flash, or adhesive sticker alphabet products or any other product containing any image of or derived from the design of the Font embodied in the Font Software of which any likeness of the alphabet can be reproduced.
ii) Embedding of the Fonts in a print/preview format is permitted. Notwithstanding, embedding or other use of the Fonts or the outlines thereof in any method which permits the extraction of the Font Software of the designs embodied therein is expressly prohibited. Any such use requires the express written permission of Tristan Durie and may or may not require the purchase of a license upgrade at the sole discretion of Tristan Durie.
iii) In the event any dingbats or other art forms are part of the Font Software, use of the artwork is further restricted. You may use the artwork, drawings and/or dingbats on goods for sale, in logo design, retail packaging or in point of sale uses only after the purchase of a license upgrade.
In order to obtain a license upgrade, you must contact Tristan Durie at admin[at]whirlwindpress.ca for more information. If you are unsure whether your use of the Font Software is specifically permitted under this Agreement, contact Tristan Durie.
What this paragraph means:Certain uses, such as letterform-related products or embedding in software, require a license upgrade. Please contact us at admin[at]whirlwindpress.ca for more information.
|14||Embedded Electronic Devices includes the use of the Font Software for any on-screen display or on an electronic device outside a single location. For example, and not by way of limitation, such electronic devices include a kiosk, gaming devices, embroidery or sewing machines, game playing or gambling devices, irrespective of whether the showing or creation of copies of the design embodied in the Font Software is created by use of the software or as an image of the design in tiff, gif or other format.||
What this paragraph means:Embedding fonts in a standalone electronic device like an arcade game or information kiosk will require a license upgrade. Please contact us at admin[at]whirlwindpress.ca for more information.
|15||Tristan Durie's Font Software is licensed for use by a specified number of users. Use of the Font Software in more than one geographic location or by means of server or central CPU outside of the terms of your license is permitted provided the each user or potential user is licensed. License upgrades may be purchased at www.whirlwindpress.ca or by contacting admin[at]whirlwindpress.ca||
What this paragraph means:One company with many locations or remote workers may purchase a single license to cover all users at all locations, as long as the license is large enough to cover everyone who will potentially be using the fonts, regardless of whether they will be using them simultaneously.
|16||Except as may be otherwise expressly provided for herein, you expressly agree not to rent, lease, sublicense, give, lend, or further distribute the Font Software. You may transfer all your rights under this Agreement another person or entity provided that (i) the transferee accepts and agrees to be bound by all the terms and conditions of this Agreement, and (ii) you destroy all copies of the Font Software, including all copies stored in the memory of a hardware device.||
What this paragraph means:You may not give or lend copies of the font files to anyone else, unless you transfer the license to the third party (along with a copy of this EULA and all other documentation that may have been included with the fonts) and destroy all copies of the font files in your possession, including backups.
|17||Tristan Durie warrants that the Font Software will perform substantially in accordance with its documentation for ninety (90) days following delivery of the Font Software. To make a warranty claim, you must either return the Font Software to the location from which you obtained it together with a copy of your sales receipt or, if acquired on-line, contact the on-line provider with sufficient information regarding your acquisition of the Font Software to permit the confirmation of the effective date of this License. Tristan Durie hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMMERCIAL TYPE DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. UNDER NO CIRCUMSTANCES SHALL TRISTAN DURIE BE LIABLE TO YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. You hereby agree that your entire, exclusive, and cumulative liability and remedy shall be limited to the purchase price of this Font Software License. Under no circumstances shall Tristan Durie's liability to you exceed either the refunding of the cost of the Font Software License or replacement of the Font Software either of which shall be at Tristan Durie's sole discretion.||
What this paragraph means:We warrant that the fonts will perform as promised in the documentation, and will provide technical support within a reasonable timeframe, to the best of our ability. In the event of a refund, we cannot refund more than the purchase price for the license, and all copies of the fonts in your possession must be destroyed.
|18||OTHER LAW – CONSUMERS ONLY. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, implied warranties or implied warranties as they relate to sales to consumers. ANY IMPLIED WARRANTY OR OTHER RIGHT CREATED BY LAW IS ONLY EFFECTIVE FOR THE NINETY (90) DAY WARRANTY PERIOD. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE NINETY (90) DAY WARRANTY PERIOD. To the extent permissible by law, you agree that all implied warranties are not to be effective for more than thirty (30) days.||
What this paragraph means:This paragraph is required by law and simply means that any warranty (explicit or implied) is limited.
|19||You expressly agree that this Agreement shall be governed by the laws of the State of New York, usa, as they apply to contracts entered into and wholly performed therein and without respect to its conflict of laws provisions or the conflict of laws provisions of any other jurisdiction. You expressly submit to the personal jurisdiction of the state and federal courts in the State of New York, usa, agree to waive any defenses arising out of the selection of jurisdiction or venue and further agree to service of process by mail. You hereby expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.||
What this paragraph means:Our central office is in New York City, so this agreement is governed by the laws of New York State.
|20||You acknowledge that you have read and understand this Agreement and that by using the software you agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between TRISTAN DURIE and you which supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this Agreement. No variation of the terms of this Agreement or any different terms will be enforceable in the absence of an express written amendment, or consent, including a written express waiver of the affected terms of this Agreement. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by Commercial Type with a provision that effects the intent of the invalid provision. Tristan Durie expressly reserves the right to amend or modify its License Agreements at any time and without prior notification.||
What this paragraph means:Again, please read this document carefully, because you agree to its terms by installing the font software.
|21||The Agreement shall automatically terminate in the event you or any authorized user breaches any term or condition set forth herein. Notwithstanding any termination of this License, Tristan Durie expressly reserves any and all other rights and remedies under equity or law. The Agreement may only be modified in a writing signed by an authorized officer of Tristan Durie.||
What this paragraph means:If any of the terms in this agreement are broken, the license is no longer valid. The EULA applied to an existing font license is not a moving target, however: if we modify it, we are required to notify you in writing.
|22||You agree to be responsible for compliance with all laws, foreign and domestic relating to the control of exports or the transfer of technology. If you are purchasing this License for government use, or under a government contract, you agree to familiarize yourself with and follow any applicable rules and regulations relating to the purchase of a license to use software and the actual use thereof.||
What this paragraph means:You agree to follow the law and other applicable rules in your use of this font license.
|All inquiries and arrangements for returns, if any, may be sent via e-mail to email@example.com. www.whirlwindpress.ca.|