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| End User Licence Agreement for Schiavi Design Webfonts (WOFF/EOT)
This end user Licence Agreement (hereinafter "Agreement") is a legal
agreement between you, or, if you represent a legal entity, that legal
entity (hereinafter "You") and Schiavi Design (hereinafter "Schiavi
Design"), and is applicable to the Font Software that is accompanied by
this Agreement or that You have ordered online.
By downloading the Font Software or, if You purchased it not online, by
installing the Font Software or by opening the package, You agree to be
bound by the terms of this Agreement. If You do not agree to the terms
of this Agreement, do not download, install, or use the Font Software.
If You have purchased Font Software in a sealed retail package and do
not agree to the terms of this Agreement, return it unopened to the
place of purchase.
1. Definitions
"Font Software" means coded software that is accompanied by this
Agreement or that You have ordered online and that generates typeface
designs when used with the appropriate hard- and software, plus any and
all other data including documentation provided with such software.
"Licensed Unit" means installations of the Font Software that allow the
design of Your Websites which have - based on any six consecutive
calendar months - not more than the overall monthly average of Pageviews
stated on Your invoice for the purchase of the Font Software. If no
number of Pageviews is given on your invoice, the licensed number of
Pageviews is 500,000 per month. If Your Websites averages (based on a
period of six consecutive calendar months) at any given time in the
future more than the licensed number of Pageviews per month, You must
purchase an extended licence from Schiavi Design or its authorized
distributors.
"Use" means to design Your own personal or business Website with the
typeface embodied in the Font Software and to make accessible the Font
Software together with Your Website on a web server in order to enable a
web browser to render the content of such a Website using the respective
Font Software. Use does not include the behaviour set forth in Clause
2.2. below.
"Website" as used here is a connected group of related web pages which
form an entity whose content is managed by You, and which are organized
under a particular domain name, including sub-domains. The Website can
be viewed either over Your local area network or over the Internet. For
the avoidance of doubt, web pages on sub-domains whose content is
managed by other persons are deemed to be not part of Your Website.
"Pageview" is each request to load a single page of each of Your
Websites. Pageviews - also referred to as page impressions or page
requests - must be recorded by a commonly accepted or recognized
performance tracking system. Schiavi Design reserves the right to
request written copies of your average Pageview reporting statistics.
2. Grant of Licence and Restrictions
2.1. Grant of Licence. Schiavi Design grants You a non-exclusive licence
to Use the Font Software in a Licensed Unit for Your own personal or
business purposes according to the terms of this Agreement. If the
average number of Pageviews under which the Font Software is Used
exceeds the amount set forth in the Licensed Unit, then You must request
from Schiavi Design or its authorized distributors an appropriate
licence extension covering all Pageviews; an additional fee will be
charged for this licence extension.
2.2. Restriction of Use. You are not allowed to copy, distribute or make
the Font Software available to third parties so that they can use it for
their purposes or for purposes other than the display of Your Websites.
In particular (but not limited to), You are not allowed (i) to
disseminate or make available the Font Software or parts of it through
any online service or a file sharing platform or (ii) to sublicense the
Font Software to third parties so that they can use it for their
websites (even though such websites are hosted under Your domain name),
e. g. for websites in social networks, for individual online shops under
a common domain name, in blogging communities, by online editors, as a
design tool, etc. If You wish to use the Font Software for such
purposes, You must obtain a special licence from Schiavi Design or its
authorized distributors.
2.3. No Embedding. You may not embed the Font Software in any documents
(e. g. pdf documents), applications or devices other than your Websites.
You may not use the Font Software for other services that are rendering
the fonts, e. g. pre-press, plotting, exposing, etc. If You wish to use
the Font Software for such purposes, You must obtain a separate
pre-press font licence from Schiavi Design or its authorized
distributors.
2.4. Backup. You may make backup copies of the Font Software for
archival purposes only, provided that You retain exclusive custody and
control over such copies. Any backup copy of the Font Software must
contain the same copyright, trademark, and other proprietary information
as the original.
2.5. Modifications. You may not modify, adapt, translate, reverse
engineer, decompile, disassemble, alter, or attempt to discover the
source code of the Font Software except as expressly provided for in
this Clause 2 and the Definition of Use. If You want to make
modifications to the Font Software, You must obtain the prior written
consent of Schiavi Design.
3. Ownership
The Font Software, and all copies thereof, is protected by the United
States Copyright Law, by the copyright and design laws of other nations,
and by international treaties. Any copyright, trademark and other rights
belong exclusively to Schiavi Design. You do not gain the ownership of
the Font Software or any part hereof under this Agreement. The
structure, organization, and the code of the Font Software are trade
secrets of Schiavi Design, and You agree to treat them as such.
4. Transfer of Licence
Except as expressly provided herein, You may not give, rent or lease or
make available the Font Software or parts of it to third parties. You
may completely transfer Your licence right to Use the Font Software to
another person or legal entity provided that (i) You stop Using the Font
Software Yourself, (ii) the transferee accepts and agrees in writing
(with copy to Schiavi Design) to be bound by all the terms and
conditions of this Agreement, and (iii) You destroy all of Your copies
of the Font Software, including all copies stored in the memory of a
hardware device.
5. Limitation of Liability
If the Font Software does not perform substantially in accordance with
the pertaining documentation, the entire and exclusive liability of
Schiavi Design shall be limited to either, at Schiavi Design's option,
the replacement of the Font Software or the refund of the licence fee
You paid for the Font Software. Schiavi Design and its suppliers do not
warrant the performance or results You may obtain by using the Font
Software. Schiavi Design and its suppliers make no warranties express or
implied, as to non-infringement of third party rights, merchantability,
or fitness for any particular purpose. In no event will Schiavi Design
or its suppliers be liable to You for any consequential, incidental or
special damages, including any lost profits or lost savings, even if a
Schiavi Design representative has been advised of the possibility of
such damages, or for any claim by any third party. This warranty does
not affect any claims You might have against Your retailer.
6. Export Restriction
You agree that the Font Software will not be shipped, transferred or
exported into any country or used in any manner prohibited by the United
States Export Administration Act or any other applicable export laws,
restrictions or regulations.
7. Termination
Schiavi Design has the right to terminate Your licence immediately if
You fail to comply with any term of this Agreement. Upon termination,
You must destroy the original and any copies of the Font Software.
8. General provisions
You agree to inform all users who have access to the Font Software about
the content of this Agreement and to make sure that they comply with the
terms of this Agreement. This Agreement may only be modified in writing
signed by an authorized officer of Schiavi Design.
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