Emigre Fonts Software License Agreement with eBook Embedding Clause
This is a legal agreement, by downloading and/or installing Emigre Font software you agree to be bound by the following terms and conditions:
1. If you are purchasing this license 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 Emigre Font Software, but your employer will continue to be the license holder. If you are purchasing this license for your own use and will be using the Emigre Font Software on behalf of a third party or employer who will retain the Emigre Font Software, the third party and/or your employer must purchase their own license.
For the purposes of this agreement, you agree that the Emigre Font Software includes the design of the type font embodied in the Font Software. This term is contractual in nature and not a mere recitation.
2. This agreement hereby grants a non-exclusive, non-assignable, non-transferable license to embed the Emigre Font Software into eBooks. The Emigre Font Software must be embedded within a file format that protects the Font Software by means of encryption or obfuscation. Formats that meet these criteria include, but are not limited to, PDF, EPUB 2.01, EPUB 3, and KF8. The Electronic Publication must be a non-executable file which is displayed by e-reader software or on e-reader devices. Emigre Font Software may not be installed in the operating system on which the Electronic Publication runs.
The Emigre Font Software must be subset embedded: only those characters necessary for displaying the document may be embedded. The eBook must be Non-Editable; end users may not input text to be formatted with the font.
The eBook files may contain only the font files provided by Emigre. This license prohibits user converted font formats.
2a. This license is effective only upon payment of your invoice, and is valid for the term as specified on your invoice. It can be renewed upon payment of a license fee, subject to current terms.
2b. This license permits the Emigre Font Software to be embedded in a limited number of eBook titles and distributed copies as specified on your invoice.
2c. Publishers of magazines, periodicals, journals, newspapers, and other recurring publications, as well as eBooks that download, import, or stream content must purchase a “Multiple Titles” license.
2d. The publisher’s name that you specify when purchasing the license must match the publisher’s name that appears on the eBook wherever it is offered for download and/or distributed. Each license is valid for one publisher only. Each publisher’s subsidiary or affiliate must purchase a separate license.
2e. You may not embed the Emigre Font Software in any eBook that allows the generation of output such as PDFs, word processing documents, spreadsheets, labeled photos, static images, scalable images, advertisements or other documents or data files, or in any eBook that is acting as a server in a client/server architecture. The Emigre Font Software may only be embedded in eBooks where the Emigre Font Software does not represent a substantial component of, and does not represent the primary value or the functionality of the eBook into which it will be embedded.
2f. Additional use requires a License upgrade. Additional embedding of the Emigre Fonts Software in digital documents or in any other form not specifically outlined here is governed by a separate license agreement. If an additional embedding license is desired, the licensee must represent and warrant that licensee’s encryption of the embedded Emigre Fonts Software is secure enough to prevent any access or use by others. For more information regarding an Embedding License go to: http:// www.emigre.com/EULOptions.php
3. Except as permitted herein, you may not modify, convert, adapt, translate, reverse engineer, decompile, disassemble, alter or otherwise copy the Emigre Font Software, or the design of the type font embodied therein. You are permitted to make one backup copy.
4. Except as permitted herein, the Emigre Font Software or documentation may not be sublicensed, sold, leased, rented, lent, or given away to another person or entity. You may not place the Emigre Font Software on-line, or post or otherwise allow access to the Emigre Font Software via any on-line service, computer, workstation, server, or network, unless all users that have access to the Emigre Font Software have a valid license from Emigre. This eBook Embedding License does not permit the use of the Emigre Font Software as a web font, stored for use and transmission via a server, embedded in video game or gaming devices, on-line Mobile Apps, or in on-line templates or other Mobile Apps where an unlicensed user can access, and/or edit and/or compose text or otherwise dynamically generate content. These uses require a special license and are quoted on an individual basis. Please send an email to: email@example.com to discuss your needs.
5. The Emigre Font Software may be returned or exchanged only if defective. Defective software will be replaced when accompanied by a valid sales receipt and Emigre is notified within one (1) week of purchase.
6. You agree that any derivative works created by you from the Emigre Font Software, including, but not limited to, software, EPS files, other electronic works, and/or embedded works, are considered derivative works under both U.S. and other national laws and use of any derivative work is subject to the terms and conditions of this License Agreement. Derivative works may not be sublicensed, sold, leased, rented, lent, or given away without written permission from Emigre. Emigre shall not be responsible for unauthorized, modified and/or regenerated software or derivative works.
7. The Emigre Font Software is protected under domestic and international trademark and copyright law. You agree to identify the Emigre fonts by name and credit Emigre’s ownership of the trademarks and copyrights in any design or production credits.
8. Any breach of the terms of this Agreement shall be cause for termination without notice. In the event of termination, and without limitation of any remedies under law and equity, including injunctive relief without the obligation of posting security, you agree to immediately return the Emigre Font Software to Emigre and certify that no copy remains in your possession or control.
9. 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.
10. 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.
11. The Emigre Font Software may not be shared between locations or business entities. Each additional location and/or entity must purchase a separate license to be used in accordance with the terms of the Emigre Font Software License.