End User License Agreement for Serpentype Typefaces
This End User License Agreement (hereinafter «Agreement») is a legal agreement between you, or, if you represent a legal entity, that legal entity (hereinafter «you») and Serpentype, and is applicable to the Font Software that is accompanied by this Agreement or that you have ordered.
By ordering the Font Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not order, install, or use the Font Software.
1. Definitions
«Font Software» means coded software that generates typeface designs when used with the appropriate hard- and software plus any and all other data including documentation provided with such software.
2. Allowed Uses
You may use the licensed Font Software to create images on any surface such as computer screens, paper, web pages, photographs, movie credits, printed material, T-shirts, and other surfaces where the image is a fixed size.
You may use the licensed Font Software to create EPS files or other scalable drawings provided that such files are only used by the household or company licensing the Font Software.
3. Number of Users
The maximum number of simultaneous users is specified in the applicable receipt. All users must belong to the same company or household purchasing the Font Software.
4. Service Bureaus
You may take a digitized copy of the Font Software used in a particular document to a commercial printer or service bureau for outputting this particular document (this document must not be edited by the printer or service bureau). In the event of any modifications to the document or use of the Font Software for other purposes, the printer or service bureau must purchase its own Font Software licenses.
5. Third Parties
You may not provide the Font Software or make it accessible to any other third parties.
6. Embedding
You may not under any circumstances embed the licensed Font Software into software or hardware products in which the Font Software will be used by the purchasers of such products. Such use requires a different license which may be offered by Serpentype. Please contact hello@serpentype.com for further information.
7. Modifications
You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the licensed Font Software itself without Serpentype’s prior written consent.
8. Copyright
The Font Software and the accompanying materials are copyrighted and contain proprietary information and trade secrets belonging to Serpentype owning the Font Software. Unauthorized copying of the Font Software even if modified, merged, or included with other software, or of the written materials, is expressly forbidden. You may be held legally responsible for any infringement of Serpentype’s intellectual property rights that is caused or encouraged by your failure to abide by the terms of this Agreement.
9. Termination
This Agreement is effective until terminated. This Agreement will terminate automatically without notice from Serpentype if you fail to comply with any provision contained herein. Upon termination, you must destroy the written materials, the Font Software, and all copies of them, in part and in whole, including modified copies, if any.
10. Upgrades
Serpentype may, from time to time, update the Font Software. Font Software upgrade pricing may apply.
11. Disclaimer and Limited Warranty
Serpentype warrants the Font Software to be free from defects in materials and workmanship under normal use for a period of twenty one (21) days from the date of delivery. Serpentype’s entire liability and your exclusive remedy as to a defective Font Software shall be, at Serpentype’s option, either return of purchase price or replacement of any such Font Software that is returned to Serpentype with a copy of the invoice. Serpentype shall have no responsibility to replace the Font Software or refund the purchase price if failure results from accident, abuse or misapplication, or if any Font Software is lost or damaged due to theft, fire, or negligence. Any replacement Font Software will be warranted for twenty one (21) days.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE FONT SOFTWARE, IS PROVIDED «AS IS». SERPENTYPE DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The entire risk as to the quality and performance of the Font Software rests upon you. Serpentype does not warrant that the functions contained in the Font Software will meet your requirements or that the operation of the software will be uninterrupted or error free.
SERPENTYPE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE FONT SOFTWARE EVEN IF SERPENTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. 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.
13. Governing Law
This agreement is governed by the laws of Switzerland.
Serpentype
by alacart gmbh
Wasserwerkstrasse 129
8037 Zürich
Switzerland