THIS IS A BINDING
LEGAL AGREEMENT - Please read this Agreement before purchasing, downloading, installing
or using the Font Software Font Software - 5 Device License By downloading and/or
installing Outside the Line Software you expressly agree to the following terms
and conditions:
1. Outside the Line grants you a non-exclusive,
terminable, non-transferable license for use the Font Software in accordance with
the following terms and conditions.
2. Use of the Outside
the Line Font Software at more than one (1) geographic location or with more than
five (5) devices requires a Multi-Device Site License upgrade. To determine the
number of devices, add up all the CPUs, workstations, printers, and other devices
that use or will use the Fonts. For example a device may be, but is not limited
to, a printer, imagesetter, largeformat inkjet device or plotter, video display
terminal, CPU, laptop/notebook CPU, workstation or any device where the Font Software
is rasterized or the display of Outside the Line Fonts are generated from Font software
outlines using Extensis Suitcase or other similar Font management software.
3. If your installation
needs exceed more than five (5) devices, you must contact Outside the Line at
rae@outside-the-line.com to purchase an upgrade to this basic End User License.
If you do not agree to the terms of the Font Software license agreement, please
remove the Font Software and notify Outside the Line in writing to
rae@outside-the-line.com certifying that no copy remains in your possession or control.
4. You are permitted
to embed or otherwise include the Font outlines in a multimedia CD, DVD, PDF, or
a flash movie distributed physically or online when such use is without charge of
any kind and is for personal use provided the Fonts cannot be extracted. If you
are unsure how to prevent font extraction, review your embedding software prior
to creating documents containing embedded copies of the Font Software.
Professional users
are permitted to embed or otherwise include the Font outlines in a PDF, or a flash
movie distributed physically or online for commercial use provided the Fonts cannot
be extracted and the document is not for resale. Resale of any document containing
an embedded copy of the Font Software is prohibited and if the ability to sell documents
and/or files containing embedded copies of the Fonts is desired, the purchase of
a license upgrade is required.
5. Except as may
be expressly permitted herein, you may not distribute, sell, modify, adapt, translate,
reverse engineer, decompile, disassemble, alter the embedding bits, translate into
other font formats or otherwise copy the Outside The Line Font Software or the design
of the Font embodied therein without the express written consent of Outside The
Line.
6. You may lend
a copy of this Software to any service bureau or printer which you hire to output
your film, paper or color proofs, or create plates for printing provided that they
do not use the Font Software for any purpose other than outputting or printing your
work. Upon completion of your job, the service bureau must delete the Font Software
or purchase their own license for continued use of the Font Software with others.
7. Use of
Outside The Line Font Software in the following circumstances and/or applications
is NOT permitted without first obtaining the appropriate licensing upgrade. In order
to obtain a license upgrade, you must contact Outside The Line at rae@outside-the-line.com for more information.
If you are unsure whether your use of Outside The Line Font Software is specifically
permitted under this Agreement, contact Outside The Line.
1. ALPHABET OR LETTERFORM-RELATED
PRODUCTS FOR RESALE;
2. BROADCAST or FILM;
3. ELECTRONIC DEVICE
EMBEDDING;
4. SOFTWARE EMBEDDING;
Letter form or
Alphabet Products include, but are not limited to, scrapbooking uses involving reproductions
of individual letterforms, use in the creation of signage or numbering products,
rubber stamps, die-cut products, stencil products, tattoo flash, or adhesive sticker
alphabet products or any other product containing any image of or derived from the
design of the Font embodied in the Font Software of which any likeness of the alphabet
can be reproduced.
Broadcast and Film
Usage refers to the use of the Font Software in titling, credits for any on-screen
broadcast via television, or motion picture titling; For use in film or in television
broadcasts, the terms of this License are limited to an annual broadcast season
or the initial release and broadcast usage licensing must be renewed prior to following
season (whether original or re-rerun, both foreign and domestic) to retain usage
and proper licensing. Additional licensing options are available.
Embedded Electronic
Devices includes the use of the Font Software for any onscreen display or on an
electronic device outside a single location. For example, and not by way of limitation,
such electronic devices include a kiosk or gaming devices, embroidery or sewing
machines. Use of the Font to create a Company Logo is permitted. Upon the purchase
of a license upgrade the Font Software may be embedded and resident within an electronic
device provided it cannot be extracted from the device. NOTE: This restriction does
NOT include laptop/notebook CPUs which are defined as a standard device in this
License Agreement. The embedding or other use of the Fonts or the outlines thereof,
in works distributed electronically and/or via physical media for sale is prohibited
under this License. Any such use requires the express written permission by Outside
The Line and may or may not require the purchase of a license upgrade at the sole
discretion of Outside The Line. In the event any dingbats or other art forms are
part of the Font Software, use of the artwork is further restricted. You may not
use artwork, drawings or dingbats on goods for sale, in logo design, retail packaging
or point of sale displays and in works that are printed in amounts greater than
500,000 impressions. Any such use requires the purchase of a license upgrade.
8. You are permitted
to make a single back-up copy. The Outside The Line Font Software or documentation
may not be sublicensed, sold, leased, rented, lent, or given away to another person
or entity.
9. The Outside
The Line Font Software may be returned or exchanged only if defective. Defective
software will be replaced when accompanied by a valid sales receipt and Outside
The Line is notified within one (1) week of purchase.
10. You agree that
any derivative works created by you from the Outside The Line Font Software, including,
but not limited to, software, EPS files, or other electronic works, are considered
derivative works under U.S. Law and use of the 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 Outside
The Line. Outside The Line shall not be responsible for unauthorized, modified and/or
regenerated, adapted or translated software or derivative works.
11. The Outside
The Line Font Software and the design of the Font embodied therein are the exclusive
property of Outside The Line and are protected under both domestic and international
copyright, trademark and unfair competition law. You agree to identify Outside
The Line by name and credit Outside The Line's ownership of the trademarks and copyrights
in any design or production credits.
12. This Software
is licensed, not sold, to you by Outside The Line, and is licensed for use in accordance
with the terms of this Agreement. As a licensee, your ownership of the magnetic
and/or optical media on which the Software is recorded, if any, is distinct from
and does not grant any right, title or interest in and to the design of the Font
or the Font Software itself. All copies of the Software downloaded or installed,
including the copy(ies) of any Software that accompanies this document either as
part of a downloaded file or on recorded media, such as, but not limited to, magnetic
or optical media, remain the exclusive property of Outside The Line.
13. Any breach
of the terms of this Agreement shall be cause for termination of this License. In
the event of termination, and without limitation of any remedies under law and equity,
you agree to immediately return the Font Software to Outside The Line and certify
that no copy remains in your possession or control.
14. You shall be
responsible for compliance with all laws relating to the control of exports or the
transfer of technology in connection with any use and distribution of the Font Software.
15. Subject to
the representations and warranties stated herein, the Font Software is provided
"AS IS" and without fiduciary obligation to you or other warranties of
any kind and Outside The Line hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS
AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. OUTSIDE THE LINE 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 THE FAILURE OF THE FONT
SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL
DAMAGE. THE FONT SOFTWARE IS NOT FAULT TOLERANT AND IS NOT INTENDED FOR USE IN THE
CONTROL OR OPERATION OF DEVICES OR EQUIPMENT FOR MANUFACTURING, OR FOR USE IN NAVIGATIONAL
DEVICES. UNDER NO CIRCUMSTANCES SHALL TERMINAL BE LIABLE TO YOU, OR ANY THIRD 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, subject to the conditions noted herein,
shall Outside The Line's maximum liability to you or any third party exceed the
replacement cost of Font Software or the provision of substitute software, at the
sole discretion of Outside The Line.
16. OTHER LAW.
Some jurisdictions do not allow the exclusion or limitation of incidental, consequential
or special damages, and implied warranties. ANY IMPLIED WARRANTY OR CONDITION CREATED
BY LAW IS ONLY EFFECTIVE FOR A THIRTY (30) DAY WARRANTY PERIOD OR THE SHORTEST PERIOD
ALLOWED BY ANY APPLICABLE RULE, LAW OR STATUTE. THERE ARE NO WARRANTIES OR CONDITIONS
OF ANY KIND AFTER THE SHORTEST APPLICABLE 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 to be effective for more than thirty (30)
days.
17. The Software
and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure
by the government, governmental authorities, its employees or vendors may be subject
to restrictions set forth in federal law and regulations. If applicable, you hereby
agree to familiarize yourself and adhere to any applicable rule, regulation or statute
that may apply. The contractor / manufacturer is Outside The Line, 132 East
Wilson Street #212, Madison, WI 53703-3890.
18. This Agreement
will be governed by the laws of the State of Wisconsin as applies to contracts entered
into and wholly performed therein without application of its conflict of law provisions
or the conflict of law provisions of any other jurisdiction. You hereby expressly
consent to the personal jurisdiction of the local, state or federal courts located
in the State of Wisconsin over any action arising out of or related to this license
and you hereby further expressly waive any jurisdiction or venue defenses and agree
to services of process by mail.
19. You acknowledge
that you have read this agreement and understand it and that by using the software
you will be bound by its terms and conditions. You further agree that it is the
complete and exclusive statement of the agreement between Outside The Line and you
which supersedes any proposal or prior agreement, oral or written, and any other
communications between Outside The Line and you relating to the subject matter of
this Agreement. No variation of the terms of this agreement or any different terms
will be enforceable against Outside The Line unless Outside The Line gives its express
written consent, including a written express waiver of the terms of this. If any
provision of this agreement is held void or unenforceable, that provision will be
enforced to the maximum extent possible and the remaining provisions of this agreement
will remain in full force and effect.
20. LICENSE UPGRADES.
Outside The Line Font Software is licensed for use at a single location for use
with a maximum of five (5) devices. Use of the Font Software in more than one geographic
location and/or with more than five devices requires the purchase a separate or
additional license. License upgrades may be purchased for use with additional devices.
Broadcast, film, large installations for business, enterprise or otherwise substantially
unrestricted or unlimited uses of Outside The Line Font Software will require a
custom license agreement. You may contact Outside The Line at rae@outside-the-line.com for custom licensing
information.
21. Outside
The Line reserves the right to amend or modify this License Agreement at any time
and without prior notification.
22. The various
names of the Outside The Line Fonts are the trademarks of Outside The Line. All
other trademarks are the property of their respective owners, and may be registered
in the United States and/or other jurisdictions. Direct any questions, in writing,
to: Outside The Line, 132 East Wilson Street #212, Madison WI 53703-3890.