Indian Type Foundry (ITF)'s Third Party License
END USER LICENSE AGREEMENT (EULA)
THIS IS A LEGAL DOCUMENT by downloading and/or installingIndian Type Foundry Font Software you agree to the following terms:
1. Installation, locations, portable devices
This licence is only for the benefit of the licensee authorised under this licence (“Authorised users”). Authorised users are permitted to install and use the Font Software on one (1) portable device such as a notebook or laptop computer and on one (1) desktop or workstation type devices that remain at a single location. For example 5 users are authorised to install and use the Font Software on their five (5) portable devices and their five (5) desktop or workstation type devices in a single location. These computers can be connected to any number of output devices, such as laser printers, ink jet printers, an image setter or a film recorder. The Font Software may be downloaded to the memory (hard disk orRAM) of the output devices that are customarily used by the licensee for the purposes of having Font Software remain resident in the output devices. If the licensee needs to install the Font Software on more than the authorized computers permitted by this licence, or if more users need to use the Font Software, the licensee is required to upgrade to multiple user licence. The licensee further agrees to treat the Font Software as confidential information and exercise reasonable care to avoid unauthorised distribution of the Font Software. If the licensee cannot or does not agree to the terms of this licence, then they should return the Font Software unused to Indian Type Foundry, 101 / A1 Pushkar 3PT College Road, Paldi, Ahmedabad 380 007.
2. Service Bureau
To reproduce a particular document at a commercial printer, or service bureau, the licensee can supply non-editable artwork in a PDF format. If the printer or service bureau needs to install the fonts on their computers they will need to purchase a separate Service Bureau licence.
3. Rights reserved
The Font Software and the designs embodied therein are the exclusive property of Indian Type Foundry. This non-exclusive, revocable licence grants the licensee certain limited rights to use the Font Software only in accordance with the terms and conditions of the agreement. No permanent or ownership rights are granted to the licensee as a part of this agreement herein. All right, title and interest in and to the Font Software, the designs of the fonts embodied therein together with the copyrights, trademarks, trade names and service marks associated with the Font Software are each the exclusive property of Indian Type Foundry.
4. Modifications, back-up copies
Except as may be otherwise expressly permitted in this agreement or by a separate written agreement, the licensee may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter or otherwise copy the Indian Type Foundry Font Software or the designs embodied therein. If necessary, licensee is permitted to make only those reasonable number back-up copies suitable to your usage. The Indian Type Foundry Font Software and its documentation, unless property transferred, may not be sublicenced, sold, leased, rented, lent, or given away to another person or business.
5. Returning and exchanging fonts
The Font Software may be returned or exchanged only if defective and will be replaced only when accompanied by a valid sales receipt within four (4) weeks of purchase.
6. Derivative work
Any derivate works created by the licensee which use or are based upon the Font Software and/or the designs of the fonts, including, but not limited to, software or other electronic works, are considered derivative works under the Law of the India. Any such derivative works are the exclusive property of Indian Type Foundry and shall be subject to the terms and conditions of this licence. Derivative works may not be sublicensed, sold, leased, rented, loaned, or given away without the express written permission of Indian Type Foundry. Indian Type Foundry shall not be responsible for or required to support unauthorised, modified and/or regenerated software or derivative works, except for when the derivative works are licensed to the licensee by the licensor. The licensee is permitted to convert the fonts to outline or bitmap images for the purposes of publishing electronic documents.
7. Third party use, broadcasting
Depending upon how the Font Software will be used, an additional licence upgrade and/or the purchase of a special licence may be required. A special OEM licence is required to use the Font Software on letter-form goods for sale, electronic books, game playing devices, gaming or gambling devices irrespective of whether the Font Software itself is embedded into the device or if it is merely the designs of the fonts that are displayed. If the licensee is using the Font Software in exhibition or display in cinemas, motion pictures, on television or on cable television, or as a part of any works broadcast or transmitted on the Internet, or any other distribution platform, mode or medium, a special broadcasting licence is required and an additional licence fee may be required.
The embedding of the Indian Type Foundry fonts software in PDF documents, Flash documents, and other digital documents is allowed only in a secured, read-only mode, provided that the extraction of the Fonts is prohibited. Notwithstanding any other term of this licence, embedding of the Font Software in other software or devices or in any other form whatsoever requires the purchase of and shall be controlled governed by a separate licence agreement. This licence does not permit the transmitting of the Font Software over the Internet in font serving or for font replacement by means of technologies such as, but not limited to, EOT, Cufon, sIFR or other technologies that now exist or may be developed in the future. If the licensee wishes to use the Font Software for such purposes, a special web font licence is required.
9. Copyrights and Trademarks
The Indian Type Foundry Font Software is protected under domestic and international trademark, copyright and industrial design law. The licensee may, but are not required to identify Indian Type Foundry fonts and ownership in any design or production credits.
10. Termination of Agreement
Any breach of the terms of this agreement shall be cause for termination, provided such breach is notified in writing to the breaching party by the non-breaching party, and the breaching party failed to rectify the breach within 30 days of the receipts of such notification. In the event of termination, and without limitation of any remedies under law or equity, the licensee agree to immediately return the Font Software to Indian Type Foundry and certify that no copy remains in the licensee’s possession or control. Indian Type Foundry shall immediately return the consideration received from the licensee with respect to the license under this agreement, in the event this agreement is terminated by the licensee due to a breach of this agreement by Indian Type Foundry.
11. Transferring the licence
The licensee may transfer the Font Software to another party provided that the new licensee agrees, in writing, to be bound by this licence and the licensee destroys all copies of the Font Software immediately upon transfer of the Font Software. The new licensee must transmit a copy of their agreement to Indian Type Foundry.
INDIAN TYPE FOUNDRY MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICUALR PURPSOSSE, OR OTHERWISE. THE FONT SOFTWARE WAS NAOT MANUFACTURED FOR USE IN MANUGACTURING CONTROL DEVICES OR NAVIGATION DEVICES OR IN CIRCUMSTANCES THAT COULD RESULT IN ENVIRONMENTAL DAMAGE OR PERSONAL INJURY. WITHOUT LIMITING THE FOREGOING, INDIAN TYPE FOUNDRY SHALL IN NO EVENT BE LIABLE TO THE LICENSED USER OR ANY OTHER THIRD PARTY FOR ANY DIRECT, CONSEQUENTAL, OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ARISING OUT OF THE USE OR INABLITY TO USE THE PRODDUCT EVEN IF NOTIFIED IN ADVANCE, EXCEPT OR AMOUNT PAYALBE PURSUANT TO THE INDEMNIFICATION OBLIGATOIN UNDER SECTION 13 BELOW, UNDER NO CIRUCUMSTANCES SHALL INDIAN TYPE FOUNDRY'S LIABILITY EXCEED THE REPLACEMENT COST OF THE SOFTWARE.
Indian Type Foundry shall indemnify, defend and hold harmless licensee and its Authorised users, directors, officers, employees, and agents from and against any and all losses, cost, claims, damages, expenses, fees whatsoever arising from any third-party that licensee’s use of FontSoftware infringes or is alleged to infringe any patent, trademark, copyright, trade secret, privacy right or other intellectual property rights of such third party. The Indian Type Foundry Font Software licence Agreement is subject to Indian Law. By downloading and installing the Fonts, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this licence Agreement.
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