If you are entering this Agreement on behalf of your employer, the terms and conditions recited herein apply to your employer as well as to you as a representative of your employer. Should you cease working for your employer, you will no longer be entitled to use the IMAGE, but your employer will continue to be the license holder.
For the purpose of this Agreement the term "IMAGE" shall mean any photographic image(s), illustration(s) or graphics.
GRANT OF LICENSE
Emigre grants you the non-exclusive, non-transferable right to reproduce the IMAGE in materials for yourself or your direct clients.
You may use the IMAGE in advertising and promotional projects for yourself or your clients, for example: printed materials (brochures, books and book jackets, company reports, internal and external newsletters), advertisements, packaging, presentations, web and multimedia projects. The IMAGE may be distributed within the same company within a network of servers to up to 6 named individuals within the company. If the IMAGE is to be placed onto a network accessible by more than 6 named individuals, please contact Emigre for an additional-user license upgrade.
You may not place the IMAGE on-line in a downloadable format, post the IMAGE on any electronic bulletin board or on-line service, or use the IMAGE in a website at a resolution higher than 72 dpi. For example, the IMAGE may be used as part of a website design, but it must not be downloadable separately or stored in any way for re-use by website users.
You may not include the IMAGE in any template or application, whether web-based or not, with the purpose to create multiple impressions of a product. This includes, for instance, e-cards, business cards or any other electronic or printed matter.
You may not use the IMAGE for commercial products if the IMAGE is the essential part of the design and thereby increases the value of the product (for example calendars, T-Shirts).
Emigre does not warrant the performance or results you may obtain by using the IMAGE. Emigre makes no warranties express or implied, as to merchantability, or fitness for any particular purpose. In no event will Emigre be liable to you for any consequential, incidental or special damages, including any lost profits or lost savings.
You may not rent, lease, sublicense, give, lend, further distribute or grant any rights to the IMAGE, or any compilation or derivative work containing the IMAGE, to any third party without prior written consent of Emigre.
The IMAGE is the copyright of the Emigre. This Agreement does not give you any title or intellectual property rights to the IMAGE. Emigre retains all rights not expressly granted by this License Agreement. You agree to credit Emigre's ownership of the IMAGE copyright in design or production credits.
Emigre warrants to you that the IMAGE is free from defects in material and workmanship for one (1) week following delivery. Your entire and exclusive remedy shall be limited to either, at Emigre's option, the replacement of the IMAGE or the refund of the purchase price. Emigre makes no warranties, express or implied as to merchantability, fitness for a particular purpose, or otherwise. Without limiting the foregoing, Emigre shall in no event be liable to the Licensed user or any other third party for any direct, indirect, consequential, or incidental damages, including damages from loss of business profits, business interruption, loss of business information, arising out of the use or inability to use the product even if notified in advance. Under no circumstances shall Emigre's liability exceed the replacement cost of the Software.
You agree that this Agreement will be governed under California law, applicable to contracts wholly performable within such state. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
Some states or jurisdictions do not allow the exclusion or limitations of implied warranties and incidental, consequential or special damages. The exclusions or limitations contained in the Emigre Font Software License Agreement may not apply to you. Restrictions to exclusions and/or limitations of the Emigre Font Software License Agreement shall only be effective to the minimum extent permitted by your state or jurisdiction and only if required by your state or jurisdiction. Under no circumstances shall the exclusions and/or limitations of the Emigre Font Software License Agreement be greater than thirty (30) days after the date of purchase or the minimum time allowed by your state or jurisdiction, whichever is shorter. Thereafter, all the exclusions and/or limitations of the Emigre Font Software License Agreement shall apply. The Emigre Font Software License Agreement gives you specific legal rights and you may have other rights that vary from state to state.