End User License Agreements
PLEASE READ THIS DOCUMENT CAREFULLY: This End User License Agreement ("EULA", "License", "Agreement" or "License Agreement") is an Agreement between you and Incipit LLC ("Incipit") governing your use of the Font Software after purchase. The terms of this License also govern any materials or media, whether printed or electronic, that may be associated with the products now or in the future. By downloading the Font Software, opening the package, or otherwise using the Font Software, you agree to be bound by the terms of this License. If you cannot agree to the terms of this Agreement, do not purchase this License, download or use the Font Software. If you have purchased a License to use the Font Software in a sealed retail package, return it unopened to the vendor for a full refund.
1. Grant of License. Upon payment in full, Incipit will grant you a non-exclusive, terminable License to use the Font Software ("Font[s]") together with any accompanying documentation in accordance with the terms of this Agreement. You are permitted to install and use the Font Software on not more than five (5) CPUs, at only one (1) geographic location. The purchase of a License upgrade is required for use of the Font Software on additional CPUs or at more than one location. Installing and accessing or using the Font Software via a server is not permitted, unless a License upgrade has been purchased for that server or location.
2. One Back-up. You are permitted to make one (1) back-up copy of the Font Software for archival purposes only.
3. Service Bureau Use. You may send the Font Software, together with other electronic files, to a printer or service bureau who will process those files for output or printing, provided the printer or service bureau has a separate, valid License for the Font Software.
4. Exclusive Ownership. Incipit retains all right and title to the Font Software, including without limitation, all trademarks and copyrights and the designs comprising the Font Software. Incipit's rights include, but are not limited to, copies, modifications and/or derivative works thereof authorized in this License or by other permission and/or subsequent agreement. Except as permitted by this License or by the express written consent of Incipit, you agree not to copy the Font Software or create derivative works based upon the Font Software or the design of the Font embodied in the Font Software. You are not permitted to alter, amend or change the Font Software in any manner without the express written permission of Incipit. Except by subsequent written agreement with Incipit you are not permitted, by way of example, not limitation, to decompile, reverse engineer, disassemble, or modify the software including any embedding bits, reduce the Font Software to human readable form, or translate the Font Software into other formats. You agree that any use not expressly permitted in this Agreement or by the written consent of Incipit, constitutes a breach of this Agreement as well as trademark and copyright infringement and will result in the Termination of this License without notice.
5. Limited Distribution and Embedding. Sharing, lending, rental, sale, or other unauthorized distribution of the Font Software is a material breach of this License. You are permitted to "embed" a copy of the Font Software within a document ("Embedded Document") provided the document is set as "print and preview" only. For the purposes of this Agreement "embedding" shall be defined as the temporary duplication of the Font Software in formats that include, but are not limited to PDF, Flash, TrueDoc and/or other Web Embedding Font Technology ("WEFT") formats now in existence, or that may be created in the future. Use of the embedded Font Software as editable text or modifiable Embedded Documents requires the purchase of a License upgrade for full embedding privileges. Use of the Font Software in entertainment, gaming or interactive applications is not permitted without purchase of a License upgrade.
6. Distribution by Other Means. You are permitted to distribute images ("Image Files") of the design embodied in the Font Software for uses such as, but not limited to, web pages. You agree to use industry-standard digital formats featuring a rasterized pixel grid subject to the above restrictions, unless a License upgrade for full embedding has been purchased. For the purposes of this Agreement, Image Files shall include, but are not limited to the following formats; Joint Photographers Expert Group ("JPEG"), Graphics Interchange Format ("GIF"), Portable Network Graphics ("PNG"), Tagged Image File Format ("TIFF"), non-vector Picture ("PICT"), and Bitmap ("BMP") files.
7. Transfer of License. You are permitted to transfer or assign the Font Software and this License, provided that the transferee accepts and agrees to be bound by all the terms and conditions of this Agreement and that you destroy all copies of the Font Software, including those stored in the memory of any CPU or output device.
8. Revocation of Warranties. Incipit will, at its sole discretion, either replace the Font Software or refund the Licensing fee in the event the Font Software does not perform substantially in accordance with the Documentation, provided that any such claim is submitted within thirty (30) days of purchase. To submit a claim, you must return the Font Software to Incipit together with a copy of your sales receipt. You expressly acknowledge and agree that use of the Font Software is at your sole risk. The Font Software and related documentation is provided "as is" and, except as noted herein, INCIPIT HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INCIPIT DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE FAIL-SAFE OPERATION MAY BE REQUIRED. THE FONT SOFTWARE MAY NOT BE USED IN MANUFACTURING, NAVIGATION, AND CONTROL EQUIPMENT OR IN ANY OTHER CIRCUMSTANCES WHERE THE USE OR FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. UNDER NO CIRCUMSTANCES SHALL INCIPIT 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. Under no circumstances shall Incipit's liability to you exceed the actual cost of the Font Software or replacement of the Font Software, the choice of which shall be at Incipit's sole discretion.
9. Other Law. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or implied warranties. ANY IMPLIED WARRANTY OR CONDITION CREATED BY LAW IS ONLY EFFECTIVE FOR THE THIRTY (30) DAY WARRANTY PERIOD. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE THIRTY (30) DAY WARRANTY PERIOD. The exclusions noted above may not apply to you. Otherwise, and to the extent permissible by law, you agree that all implied warranties are not effective for more than thirty (30) days.
10. Termination. This License Agreement is effective as of the Date of full payment. This License Agreement may be terminated by you at any time by destroying the Font Software and any copies of the Font Software, together with any materials associated with the products. This License Agreement may be terminated without notice if you breach and/or fail to comply with any term contained herein. You agree to the waiver or lifting of any stay or other protection provided by applicable Bankruptcy law granting Incipit the right to enforce any or all of its rights under this License Agreement.
11. Governing Law and Arbitration. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions. The state and federal courts of the State of New York shall have exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement.
12. Compliance with Law and Export Restrictions. You agree to be responsible for compliance with all laws, foreign and domestic, relating to the control of exports or the transfer of technology as well as, end-user, end-use and destination restrictions issued by U.S. and other governments that may have jurisdiction over you. If you are purchasing this License for government use, or under a government contract, you agree to familiarize yourself with and follow any applicable laws, rules and regulations relating to the purchase of a license to use software and the actual use thereof.
13. Severability and Entire 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 Incipit with a provision that most closely effects the intent of the invalid provision. This Agreement constitutes the entire understanding between the parties and supersedes all previous agreements, promises, representations and negotiations between the parties.
14. Headings. The captions of the sections of this License Agreement are for convenience only and shall not control or affect the meaning or construction of any of the terms or provisions of this agreement.
15. Contact Information. The present mailing address of Incipit is 150 West 28th Street, Suite 1103A, New York, NY 10001. Email inquiries may be sent to info@incipit.com and the Incipit website is at www.incipit.com.
1. Grant of License. Upon payment in full, Incipit will grant you a non-exclusive, terminable License to use the Font Software ("Font[s]") together with any accompanying documentation in accordance with the terms of this Agreement. You are permitted to install and use the Font Software on not more than five (5) CPUs, at only one (1) geographic location. The purchase of a License upgrade is required for use of the Font Software on additional CPUs or at more than one location. Installing and accessing or using the Font Software via a server is not permitted, unless a License upgrade has been purchased for that server or location.
2. One Back-up. You are permitted to make one (1) back-up copy of the Font Software for archival purposes only.
3. Service Bureau Use. You may send the Font Software, together with other electronic files, to a printer or service bureau who will process those files for output or printing, provided the printer or service bureau has a separate, valid License for the Font Software.
4. Exclusive Ownership. Incipit retains all right and title to the Font Software, including without limitation, all trademarks and copyrights and the designs comprising the Font Software. Incipit's rights include, but are not limited to, copies, modifications and/or derivative works thereof authorized in this License or by other permission and/or subsequent agreement. Except as permitted by this License or by the express written consent of Incipit, you agree not to copy the Font Software or create derivative works based upon the Font Software or the design of the Font embodied in the Font Software. You are not permitted to alter, amend or change the Font Software in any manner without the express written permission of Incipit. Except by subsequent written agreement with Incipit you are not permitted, by way of example, not limitation, to decompile, reverse engineer, disassemble, or modify the software including any embedding bits, reduce the Font Software to human readable form, or translate the Font Software into other formats. You agree that any use not expressly permitted in this Agreement or by the written consent of Incipit, constitutes a breach of this Agreement as well as trademark and copyright infringement and will result in the Termination of this License without notice.
5. Limited Distribution and Embedding. Sharing, lending, rental, sale, or other unauthorized distribution of the Font Software is a material breach of this License. You are permitted to "embed" a copy of the Font Software within a document ("Embedded Document") provided the document is set as "print and preview" only. For the purposes of this Agreement "embedding" shall be defined as the temporary duplication of the Font Software in formats that include, but are not limited to PDF, Flash, TrueDoc and/or other Web Embedding Font Technology ("WEFT") formats now in existence, or that may be created in the future. Use of the embedded Font Software as editable text or modifiable Embedded Documents requires the purchase of a License upgrade for full embedding privileges. Use of the Font Software in entertainment, gaming or interactive applications is not permitted without purchase of a License upgrade.
6. Distribution by Other Means. You are permitted to distribute images ("Image Files") of the design embodied in the Font Software for uses such as, but not limited to, web pages. You agree to use industry-standard digital formats featuring a rasterized pixel grid subject to the above restrictions, unless a License upgrade for full embedding has been purchased. For the purposes of this Agreement, Image Files shall include, but are not limited to the following formats; Joint Photographers Expert Group ("JPEG"), Graphics Interchange Format ("GIF"), Portable Network Graphics ("PNG"), Tagged Image File Format ("TIFF"), non-vector Picture ("PICT"), and Bitmap ("BMP") files.
7. Transfer of License. You are permitted to transfer or assign the Font Software and this License, provided that the transferee accepts and agrees to be bound by all the terms and conditions of this Agreement and that you destroy all copies of the Font Software, including those stored in the memory of any CPU or output device.
8. Revocation of Warranties. Incipit will, at its sole discretion, either replace the Font Software or refund the Licensing fee in the event the Font Software does not perform substantially in accordance with the Documentation, provided that any such claim is submitted within thirty (30) days of purchase. To submit a claim, you must return the Font Software to Incipit together with a copy of your sales receipt. You expressly acknowledge and agree that use of the Font Software is at your sole risk. The Font Software and related documentation is provided "as is" and, except as noted herein, INCIPIT HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INCIPIT DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE FAIL-SAFE OPERATION MAY BE REQUIRED. THE FONT SOFTWARE MAY NOT BE USED IN MANUFACTURING, NAVIGATION, AND CONTROL EQUIPMENT OR IN ANY OTHER CIRCUMSTANCES WHERE THE USE OR FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. UNDER NO CIRCUMSTANCES SHALL INCIPIT 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. Under no circumstances shall Incipit's liability to you exceed the actual cost of the Font Software or replacement of the Font Software, the choice of which shall be at Incipit's sole discretion.
9. Other Law. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or implied warranties. ANY IMPLIED WARRANTY OR CONDITION CREATED BY LAW IS ONLY EFFECTIVE FOR THE THIRTY (30) DAY WARRANTY PERIOD. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE THIRTY (30) DAY WARRANTY PERIOD. The exclusions noted above may not apply to you. Otherwise, and to the extent permissible by law, you agree that all implied warranties are not effective for more than thirty (30) days.
10. Termination. This License Agreement is effective as of the Date of full payment. This License Agreement may be terminated by you at any time by destroying the Font Software and any copies of the Font Software, together with any materials associated with the products. This License Agreement may be terminated without notice if you breach and/or fail to comply with any term contained herein. You agree to the waiver or lifting of any stay or other protection provided by applicable Bankruptcy law granting Incipit the right to enforce any or all of its rights under this License Agreement.
11. Governing Law and Arbitration. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions. The state and federal courts of the State of New York shall have exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement.
12. Compliance with Law and Export Restrictions. You agree to be responsible for compliance with all laws, foreign and domestic, relating to the control of exports or the transfer of technology as well as, end-user, end-use and destination restrictions issued by U.S. and other governments that may have jurisdiction over you. If you are purchasing this License for government use, or under a government contract, you agree to familiarize yourself with and follow any applicable laws, rules and regulations relating to the purchase of a license to use software and the actual use thereof.
13. Severability and Entire 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 Incipit with a provision that most closely effects the intent of the invalid provision. This Agreement constitutes the entire understanding between the parties and supersedes all previous agreements, promises, representations and negotiations between the parties.
14. Headings. The captions of the sections of this License Agreement are for convenience only and shall not control or affect the meaning or construction of any of the terms or provisions of this agreement.
15. Contact Information. The present mailing address of Incipit is 150 West 28th Street, Suite 1103A, New York, NY 10001. Email inquiries may be sent to info@incipit.com and the Incipit website is at www.incipit.com.










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