Font Software End User License Agreement
“Font Software” refers to the encoded software which generates typefaces for use with appropriate hardware and software programs plus all other information, including documentation, provided with such software. Font Software is licensed, not sold, and it is protected by copyright laws, international copyright treaties and other intellectual property laws and treaties.
This End User License Agreement (“EULA”) is a legal agreement between you or, if you represent a legal entity, that legal entity (“you”) and MuirMcNeil Limited (“MuirMcNeil”) for Font Software. This license agreement represents the entire agreement between you and MuirMcNeil in respect of the Font Software and it supersedes any prior agreement or understanding. By downloading, installing, copying, or using the Font Software, you agree to be bound by the terms of this EULA. If you do not agree to these terms, do not download, install, copy or use the Font Software.
2.0 Grant of License
2.1 Installation and Use
In consideration of the correct and complete fee paid by you to MuirMcNeil for this Font Software, MuirMcNeil grants you a non-exclusive, non-transferable, personal license, without the right to grant sub-licenses and subject to these terms and conditions, to install and use this Font Software on a fixed number of computers at a single location, as indicated in writing at order confirmation by MuirMcNeil.
You may make back-up copies of the Font Software for archival purposes only, provided that you retain exclusive custody and control over such copies.
2.3 Prohibition of Modification
Except as granted in 2.2, You must not modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or attempt to discover the source code of the Font Software. If you wish to make modifications to the Font Software, you must obtain the prior written consent of MuirMcNeil. You must not remove or alter any copyright notices on any and all copies of the Font Software.
2.4 Third Parties
You must not rent, lease, lend, distribute or disseminate all or any part of the Font Software to third parties. You may supply a copy of the Font Software used in a particular document to a printer or service bureau for outputting only in that particular document. In the event of any modifications to the document or use of the Font Software for other purposes by the printer or service bureau, the printer or service bureau must purchase its own Font Software license from MuirMcNeil.
2.5 Web and digital formats
In order to transfer digital files over private computer networks (e.g. PDF, Flash), you will be entitled to embed the Font Software in a secured read-only mode, subject to the following restriction: you will secure embedded documents against any unauthorized use by any third party by extracting or using the Font Software for editing purposes or for the creation of a new document.
You will be permitted to publish electronic documents, such as web pages, which use the Font Software in industry-standard digital formats subject to the following restriction: you must not permit the extraction or extrapolation of the outlines of the Font Software by any third party.
MuirMcNeil retains full title and ownership of its Font Software including all subsequent copies, regardless of the media or formats on which they are recorded. You acknowledge that you are not purchasing title to the Font Software, but are being granted a license to use it for the purposes described here. This EULA does not grant you any intellectual property rights in the Font Software except as provided here. You agree that the Font Software is the sole and exclusive property of MuirMcNeil, including all related applicable rights to patents, copyrights, trademarks and trade secrets. You agree not to challenge or infringe MuirMcNeil’s rights thereto. The typeface names given to MuirMcNeil’s Font Software are trademarks of MuirMcNeil, and 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 the Font Software. All rights not expressly granted are reserved by MuirMcNeil.
MuirMcNeil expressly disclaims any warranty for the Font Software. The Font Software is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement or fitness of a particular purpose. MuirMcNeil does not warrant that this Font Software is free from bugs, viruses or Trojan horses or that it will perform with future operating systems or that the use of this Font Software will be uninterrupted or error free. MuirMcNeil expressly disclaims any warranty or representation to authorized users or to any third party.
5.0 Limitation of Liability
In no event will MuirMcNeil be liable for the content of the Font Software or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
In no event will MuirMcNeil be liable for any damages rising directly out of use of or inability to use the Font Software including, without limitation, lost profits, business interruption or lost information. In no event will MuirMcNeil be liable for any indirect, special, incidental, consequential or other damages.
Without prejudice to any other rights, MuirMcNeil may terminate this EULA if you fail to comply with its terms and conditions. In such event, you must destroy the original and any copies of the Font Software and Documentation.
v 2.0, 07 February 2014