Chris Costello Font Software
End User License Agreement

Read This Agreement Before Using The Software

NOTICE TO USER:
BY USING THIS FONT SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT USE THIS FONT SOFTWARE, PROMPTLY RETURN THE ENTIRE PACKAGE INCLUDING THE UNUSED SOFTWARE, ALONG WITH YOUR ORIGINAL RECEIPT, TO CHRISC COSTELLO OR YOUR PLACE OF PURCHASE FOR A FULL REFUND OF YOUR PURCHASE PRICE.

In return for granting to you a license to use the Font Software contained in this package and the documentation included with it, you agree to the following terms and conditions:

Permitted Number of Workstations: Equal to the number of users specified in the applicable sales receipt.

1. STANDARD RIGHTS AND RESTRICTIONS. The Font Software is the intellectual property of Chris Costello, and is protected by law, including United States copyright laws and international treaties.

Chris Costello grants to you a non-exclusive, non-transferable license to: (a) install the Font Software at a single location on a hard disk or other storage device for use on the number of workstations indicated at the beginning of this license agreement ("Permitted Number of Workstations"); or provided the Font Software is configured for network use, install and use the Font Software on a single file server for use on a single local area network for either (but not both) of the following purposes; (1) permanent installation onto a hard disk or other storage device for use on the permitted number of workstations; or (2) use of the Font Software over such network, provided the number of different workstations on which the Font Software is used does not exceed being used on the permitted number of workstations.

You are allowed to make one backup copy of the Font Software.

You may use the Font Software as described above on the permitted number of workstations and may output such Font Software on any output device connected to such workstations. In addition, if the number of permitted workstations is five or less, you may download the Font Software to the memory (hard disk or RAM) of one output device connected to at least one of such workstations for the purpose of having such font product remain resident in the output device, and of one additional such output device for every multiple number of permitted workstations.

You may give a copy of this Font Software to any service bureau or printer which you hire to output your film, paper or color proofs, provided that they do not use the Font Software for any purpose other than outputing your work. They may keep the Font Software on file for use with future jobs on your behalf.

If the Font Software is needed to be used on more than the permitted number of workstations, or for other purposes, additional licensing may be required and you must contact Chris Costello or your retailer for more information.

2. PROPRIETARY RIGHTS AND OBLIGATIONS. This Font Software is licensed, not sold, to you by Chris Costello, for use only under the terms of this Agreement. As a licensee, you own the magnetic and/or optical media on which the Font Software is recorded, but Chris Costello retains title to and ownership of the Font Software itself, and all copies of the Font Software, including the copy(ies) contained in this package.

3. NO OTHER RIGHTS. Except as stated above, this Agreement does not grant you any other right to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, franchises, or licenses with respect to the Font Software and documentation. YOU MAY NOT MODIFY, TRANSLATE, DISASSEMBLE, OR DECOMPILE THE SOFTWARE OR ANY COPY, IN WHOLE OR IN PART without express permission from Chris Costello.

4. TERM. This license is effective until terminated. You may terminate this license at any time by destroying the Software and its documentation together with all copies or modifications in any form. Chris Costello will have the right to terminate your license immediately if you fail to comply with any term or condition of this Agreement. You agree that, upon any such termination, you will destroy the Font Software and its documentation together with all copies or modifications in any form.

5. LIMITED WARRANTY. Chris Costello warrants to you that the Font Software will perform to industry standards for a period of ninety (90) days from the date of purchase. If the magnetic and/or optical recording media contained in this package are defective, Chris Costello, or your your retailer will replace it at no charge to you. Chris Costello's sole and exclusive liability, will be either replacement of the disk or a refund of the purchase price in accordance with this limited warranty.

If, for any reason you are dissatisfied with the Font Software, please return it to Chris Costello or your retailer within ninety (90) days of purchase, along with original receipt, for a full refund.

THE LIMITED WARRANTY STATED ABOVE IS THE ONLY WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE FONT SOFTWARE MADE BY CHRIS COSTELLO OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR LICENSING OF THE SOFTWARE.

CHRIS COSTELLO AND ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR LICENSING OF THE SOFTWARE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, ITS QUALITY, RELIABILITY, OR PERFORMANCE; OR ITS MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE.

6. LIMIT OF LIABILITY. IN NO EVENT SHALL CHRIS COSTELLO OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR LICENSING OF THE SOFTWARE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, DIRECT, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE OR ANY DEFECT IN THE SOFTWARE, EVEN IF CHRIS COSTELLO OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR LICENSING OF THE SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In the event any liability is imposed on Chris Costello or any third party involved in the creation, production, delivery or licensing of the Font Software, Chris Costello's or such third party's liability to you or any third party shall not exceed the purchase price paid for this product.

Some states do not allow limitations on the duration of an implied warranty or exclusion or limitation on liability for incidental or consequential damages; therefore, the limitations set forth in this warranty may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

7. EXPORT. You acknowledge that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the Font Software and any medium containing it. You agree that you will not export or re-export the Font Software or media in any form without the appropriate United States and foreign government license. You also agree that your obligations pursuant to this Section 7 will survive and continue after any termination of rights under this Agreement.

8. U.S. GOVERNMENT END USERS. The Font Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government is subject to restrictions set forth in subdivision (c)(1)(iii) of the Rights in Technical Data and Computer Software clause at 48 CFR 252.227-7013, or in subdivision (c)(1) or (2) of the Commercial Computer Software - Restricted Rights clause at 48 CFR 52.227-19, as applicable. The manufacturer is Chris Costello, 814 Belmont Street, Watertown, MA 02472.

9. GOVERNING LAW. This Agreement will be governed by the laws in force in the Commonwealth of Massachusetts as applied to transactions taking place wholly within Massachusetts between Massachusetts residents.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT AND THAT BY USING THE FONT SOFTWARE YOU WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CHRIS COSTELLO AND YOU WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN CHRIS COSTELLO AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. NO VARIATION OF THE TERMS OF THIS AGREEMENT OR ANY DIFFERENT TERMS WILL BE ENFORCEABLE AGAINST CHRIS COSTELLO UNLESS CHRIS COSTELLO GIVES ITS EXPRESS CONSENT, INCLUDING AN EXPRESS WAIVER OF THE TERMS OF THIS AGREEMENT, IN WRITING, SIGNED BY CHRIS COSTELLO. IF ANY PROVISION OF THIS AGREEMENT IS HELD UNENFORCEABLE, THAT PROVISION WILL BE ENFORCED TO THE MAXIMUM EXTENT POSSIBLE AND THE REMAINING PROVISIONS OF THIS AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT.

Direct any questions concerning this Agreement, in writing, to Chris Costello, P.O. Box 32, Watertown, MA 02471.