Novell® Filr 1.0
Novell Software License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING OR OTHERWISE USING THE
SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT
DOWNLOAD, INSTALL OR USE THE SOFTWARE AND, IF APPLICABLE, RETURN THE ENTIRE UNUSED PACKAGE TO THE
RESELLER WITH YOUR RECEIPT FOR A REFUND. THE SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER
DISTRIBUTED EXCEPT AS AUTHORIZED BY NOVELL.
This Novell Software License Agreement (“Agreement”) is a legal agreement between You (an entity or a person) and Novell, Inc.
(“Novell”). The software product identified in the title of this Agreement for which You have acquired licenses, any media and
accompanying documentation (collectively the “Software”) is protected by the copyright laws and treaties of the United States
(“U.S.”) and other countries and is subject to the terms of this Agreement. Any update or support release to the Software that You
may download or receive that is not accompanied by a license agreement expressly superseding this Agreement is Software and
governed by this Agreement. If the Software is an update or support release, then You must have validly licensed the version and
quantity of the Software being updated or supported in order to install or use the update or support release.
The Software may include or be bundled with other software programs licensed under different terms and/or licensed by a licensor
other than Novell. Use of any software programs accompanied by a separate license agreement is governed by that separate
license agreement. Any third party software that may be provided with the Software is included for use at Your option.
LICENSED USE
Commercial Software.
The following licenses apply to Your use of the Software depending on whether: (1) You have purchased standalone licenses to the
Software, or (2) You have received a limited license entitlement to use the Software in connection with Your purchase of
maintenance for the Novell Open Enterprise Server product (“OES”). Filr may only be used for the purposes of Your business
operations. Hosting Filr for the use by third parties for their own purposes is prohibited under this Agreement.
Standalone Filr License. You must acquire a license for each object in the Filr Identity Store database. Objects may be provisioned
by importing identities from directories or adding them manually to the Filr Identity Store. A unique object may be duplicated in any
of Your Filr deployments without the requirement of multiple licenses for that unique object. You are not required to have a license
for an object in the Filr Identity Store that is a Self Registered User. A "Self Registered User" is an object created by a user who has
been invited by a licensed, administrator-provisioned Filr user to access Filr content.
OES/NOWS Maintenance Customer and Subscription Entitlement. The following limited license entitlement applies to You if You
have purchased maintenance or subscriptions for the Novell Open Enterprise Server product or the Novell Open Workgroup Suite
products (“OES”). Subject to the terms and conditions of this Agreement, Novell grants You an entitlement to use the Filr Software
for Your licensed OES users solely during Your maintenance or subscription term. Your limited Filr license will receive maintenance
benefits equivalent to those applicable to Your OES licenses or subscriptions during Your OES maintenance or subscription period.
If You have purchased OES licenses on a device basis, then You are entitled to the quantity of Filr limited licenses equal to the
quantity of Your device licenses. If You have purchased OES licenses under a Novell Academic License Agreement or School
License Agreement (“ALA or SLA”), then You are entitled to use the Filr Software for all of Your Authorized Users (as defined in
Your ALA or SLA). Each licensed OES user is entitled to have one object in the Filr Identity Store for each of Your Filr deployments.
Your entitlement to use the Filr Software terminates and You must entirely delete the Filr Software from Your system upon the
earlier of (1) termination or expiration of maintenance or subscription coverage on Your OES licenses, (2) purchase of maintenance
coverage for less than the total number of Your OES licenses.
SLES® Appliance License. The Filr Software appliance includes the SUSE® Linux Enterprise Server product (SLES). You
acknowledge and agree to the following restriction with respect to use of SLES. Notwithstanding the license grant in the SLES
license agreement that may accompany the copy of SLES You received with the Software, You agree to use SLES solely for the
purpose of running the Software and not as a general purpose operating system. If You did not receive a copy of the SLES license
agreement, it can be found at http://www.novell.com/licensing/eula/.
Third Party Components. Additional terms applicable to Your use of the Software are found in the appendix attached hereto.
Evaluation Software. If the Software is an evaluation version or is provided to You for evaluation purposes, then Your license to
use the Software is limited solely to internal evaluation purposes and in accordance with the terms of the evaluation offering under
which You received the Software and expires 90 days from installation (or such other period as may be indicated within the
Software). Upon expiration of the evaluation period, You must discontinue use of the Software, return to an original state any
actions performed by the Software, and delete the Software entirely from Your system. The Software may contain an automatic
disabling mechanism that prevents its use after a certain period of time, so You should back up Your system and take other
measures to prevent any loss of files or data.
RESTRICTIONS
License Restrictions. Novell reserves all rights not expressly granted to You. The Software is licensed for Your internal use only.
You may not (1) reverse engineer, decompile, or disassemble the Software except and only to the extent it is expressly permitted by
applicable law; (2) modify, alter, rent, timeshare host or lease the Software or sublicense any of Your rights under this Agreement; or
(3) transfer the Software or Your license rights under this Agreement, in whole or in part, without written permission by Novell.
Suite Licenses. If Your license to use the Software is for a suite of products, then for each license only one user may use the
products in the suite. The suite license does not allow use of individual products in the suite by multiple users if licensed on a user
basis or multiple devices if licensed on a device or server basis.
Upgrade Protection. If You purchased upgrade protection or maintenance under a Novell program for this Software, the upgrade
protection or maintenance only entitles You to upgrades of the Software as a whole and does not entitle You to upgrades of any
component programs or products bundled with the Software or any individual products included in a suite if the Software is licensed
as a suite of products. You may separately purchase upgrade protection for individual components of the Software if permitted by
the applicable Novell policies and programs.
Upgrade Software. This section applies to You if You have purchased the Software based upon upgrade pricing. “Original Product”
means the product from which You are upgrading. You are authorized to use the Software only if You are the authorized user of the
Original Product and You meet the following conditions: (1) You have acquired the right to use the Software solely to replace the
Original Product that You acquired legally and that is qualified to be upgraded with the Software under the Novell policies existing at
the time You acquired the Software; (2) You installed and used the Original Product in accordance with the terms and conditions of
the applicable license agreement; and (3) You will not sell or otherwise transfer possession of the Original Product.
Support. Novell has no obligation to provide support unless You purchase an offering that expressly includes support services. If
You make such a purchase and no separate agreement specifically applies to the support services, then the terms of this
Agreement will govern the provision of such support services (“Services”). For more information on Novell's current support
offerings, see http://www.novell.com/support.
OWNERSHIP
No title to or ownership of the Software is transferred to You. Novell and/or its licensors retain all right, title and interest in and to all
intellectual property rights in the Software and Services, including any adaptations or copies thereof. You acquire only a conditional
license to use the Software.
LIMITED WARRANTY
For ninety (90) days from Your date of purchase, Novell warrants that (1) any media on which the Software is delivered is free from
physical defects; and (2) the Software will substantially conform to the documentation accompanying the Software. If the defective
items are returned to Novell or if You report the nonconformity to Novell within ninety (90) days from the date of purchase, Novell will
at its sole discretion either resolve the nonconformity or refund the license fees You paid for the Software. Any unauthorized use or
modification to the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY
AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. (The foregoing warranty does not apply to Software
provided free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND.)
Services. Novell warrants that any Services purchased will be supplied in a professional manner in accordance with generally
accepted industry standards. This warranty will be effective for ninety (90) days following delivery of the Services. Upon any breach
of this warranty, Novell’s only obligation is to either correct the Services so that they comply with this warranty or at its option refund
the amount You paid to Novell for the portion of the Services that fail to comply with this warranty. As files may be altered or
damaged in the course of Novell providing technical services, You agree to take appropriate measures to isolate and back up Your
systems.
THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR DISTRIBUTION WITH ON-LINE
CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE
OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS, DIRECT LIFE
SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD
DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING SYSTEMS. THE SOFTWARE IS
NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call Novell or Your reseller for information about compatibility.
Non-Novell Products. The Software may include or be bundled with hardware or other software programs or services licensed or
sold by an entity other than Novell. NOVELL DOES NOT WARRANT NON-NOVELL PRODUCTS OR SERVICES. ANY SUCH
PRODUCTS OR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WARRANTY SERVICE IF ANY FOR NON-NOVELL
PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN ACCORDANCE WITH THE APPLICABLE LICENSOR
WARRANTY.
EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED
WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT. NOVELL MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH
IN THIS LIMITED WARRANTY. NOVELL DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL SATISFY YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED. Some
jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to You.
This limited warranty gives You specific rights and You may also have other rights which vary by state or jurisdiction.
LIMITATION OF LIABILITY
Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS, SUBSIDIARIES, OR EMPLOYEES WILL IN ANY
CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICES, INCLUDING WITHOUT
LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY FOR DIRECT DAMAGES TO PROPERTY OR
PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU
FOR THE SOFTWARE OR SERVICES OUT OF WHICH SUCH CLAIM AROSE (OR $50 (U.S.) IF YOU RECEIVED THE
SOFTWARE FREE OF CHARGE). The above exclusions and limitations will not apply to claims relating to death or personal injury.
In those jurisdictions that do not allow the exclusion or limitation of damages, Novell's liability shall be limited or excluded to the
maximum extent allowed within those jurisdictions.
GENERAL TERMS
Term. This Agreement becomes effective on the date You legally acquire the Software and will automatically terminate if You
breach any of its terms. If the Software is provided to You on a subscription basis, then Your right to possess or use the Software
will terminate at the end of the applicable subscription period. Upon termination of this Agreement or any applicable subscription
period, You must destroy the original and all copies of the Software or return them to Novell and delete the Software from Your
systems.
Verification. Novell may, upon fifteen (15) days’ advance notice and at its expense, conduct an annual audit, during your normal
business hours, of your use of the Software and Documentation to verify compliance with this Agreement. You agree to implement
internal safeguards to prevent any unauthorized copying, distribution, installation, or use of, or access to, the Software. You further
agree to keep records sufficient to certify your compliance with this Agreement, and, upon request of Novell, provide and certify
metrics and/or reports based upon such records and accounting both numbers of copies (by product and version) and network
architectures as they may reasonably relate to your licensing and deployment of the Software. You shall provide Novell or an
authorized representative with access to records, hardware and employees in order to perform the audit. Upon Novell’s or its
authorized representative’s presentation of their reasonable written commitment(s) to safeguard your confidential information, you
shall fully cooperate with such audit and provide any necessary assistance and access to records and computers. If an audit
reveals that you have or at any time have had unlicensed installation, use of, or access to the Software, You will promptly acquire
sufficient licenses to cover any shortage. If a material license shortage of 5% or more is found, you must reimburse Novell for the
costs incurred in the audit and acquire the necessary additional licenses within 30 days without the benefit of any otherwise
applicable discount.
Benchmark Testing. This benchmark testing restriction applies to You if You are a software developer or licensor or if You are
performing testing on the Software at the direction of or on behalf of a software developer or licensor. You may not, without Novell's
prior written consent not to be unreasonably withheld, publish or disclose to any third party the results of any benchmark test of the
Software. If You are a licensor of products that are functionally similar to or compete with the Software (“Similar Products”), or are
acting on behalf of such a licensor, and You publish or disclose benchmark information on the Software in violation of this restriction,
then notwithstanding anything to the contrary in the Similar Product's end user license agreement, and in addition to any other
remedies Novell may have, Novell shall have the right to perform benchmark testing on Similar Products and to disclose and publish
that benchmark information and You hereby represent that You have authority to grant such right to Novell.
Open Source. Nothing in this Agreement shall restrict, limit or otherwise affect any rights or obligations You may have, or conditions
to which You may be subject, under any applicable open source licenses to any open source code contained in the Software.
Transfer. This Agreement may not be transferred or assigned without the prior written approval of Novell.
Law and Jurisdiction. This Agreement is governed by the laws of the State of Utah, U.S. Any action at law relating to this
Agreement may only be brought before the courts of competent jurisdiction of the State of Utah. If, however, Your country of
principal residence is a member state of the European Union or the European Free Trade Association, this Agreement is governed
by the laws of that country, and any action at law may only be brought before a court of competent jurisdiction of that country.
Entire Agreement. This Agreement sets forth the entire understanding and agreement between You and Novell and may be
amended or modified only by a written agreement agreed to by You and an authorized representative of Novell. NO LICENSOR,
DISTRIBUTOR, DEALER, RETAILER, RESELLER, SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS
AGREEMENT OR TO MAKE ANY REPRESENTATION OR PROMISE THAT IS DIFFERENT FROM, OR IN ADDITION TO, THE
TERMS OF THIS AGREEMENT.
Waiver. No waiver of any right under this Agreement will be effective unless in writing, signed by a duly authorized representative of
the party to be bound. No waiver of any past or present right arising from any breach or failure to perform will be deemed to be a
waiver of any future right arising under this Agreement.
Severability. If any provision in this Agreement is invalid or unenforceable, that provision will be construed, limited, modified or, if
necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions of this Agreement
will remain unaffected.
Export Compliance. Any products or technical information provided under this Agreement may be subject to U.S. export controls
and the trade laws of other countries. The parties agree to comply with all export control regulations and to obtain any required
licenses or classification to export, re-export or import deliverables. The parties agree not to export or re-export to entities on the
current U.S. export exclusion lists or to any embargoed or terrorist countries as specified in the U.S. export laws. The parties will
not use deliverables for prohibited nuclear, missile, or chemical biological weaponry end uses. Please consult the Bureau of
Industry and Security web page www.bis.doc.gov before exporting Novell products from the U.S.
Please refer to
http://www.novell.com/company/legal/ for more information on exporting Novell software. Upon request, Novell will provide You
specific information regarding applicable restrictions. However, Novell assumes no responsibility for Your failure to obtain any
necessary export approvals.
U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions in FAR
52.227-14 (June 1987) Alternate III (June 1987), FAR 52.227-19 (June 1987), or DFARS 252.227-7013 (b) (3) (Nov 1995), or
applicable successor clauses. Contractor/Manufacturer is Novell, Inc., 1800 South Novell Place, Provo, Utah 84606.
Other. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
© 1993, 2000-2013 Novell, Inc. All Rights Reserved.
(081513)
Novell is a registered trademark of Novell, Inc. in the United States and other countries. SLES and SUSE are registered trademarks
of SUSE LLC in the United States and other countries. All other third party trademarks are the property of their respective owners.
***********************************
APPENDIX
THIRD PARTY COMPONENTS
APPLE:
If You are using the Novell Filr for iOS Software, the Software may contain intellectual property licensed from Apple. Apple requires
that Novell include certain minimum terms in this Agreement. You hereby agree to and acknowledge the following terms in order to
use such Software (for purposes of this addendum, the term “Licensed Application” refers to the Novell Filr application for iOS).
1. Acknowledgment: You acknowledge that this Agreement is concluded between You and Novell only, and not with Apple, and
Novell, not Apple, is solely responsible for the Licensed Application and the content thereof. To the extent that this Agreement
provides for usage rules for the Licensed Application that are less restrictive than the Usage Rules set forth for Licensed
Applications in, or otherwise are in conflict with, the App Store Terms of Service, then those more restrictive terms in the App Store
Terms of Service also apply.
2. Scope of License: Your license to use the Licensed Application is limited to a non-transferable license to use the Licensed
Application on an iOS Product that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of
Service.
3. Maintenance and Support: You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support
services with respect to the Licensed Application.
4. Warranty: In the event of any failure of the Licensed Application to conform to any applicable warranty, then pursuant to the
refund provision in the Agreement, You may notify Apple, and Apple will refund the purchase price for the Licensed Application. To
the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the
Licensed Application.
5. Product Claims: You acknowledge that Apple is not responsible for addressing any claims relating to the Licensed Application or
Your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that
the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation.
6. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Licensed Application or Your and
use of that Licensed Application infringes that third party’s intellectual property rights, Apple will not be responsible for the
investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii)You are not listed on any
U.S. Government list of prohibited or restricted parties.
8. Third Party Terms of Agreement: You must comply with applicable third party terms of agreements when using Your Application,
e.g., if use VoIP, then You must not be in violation of Your wireless data service agreement when using the Licensed Application.
9. Third Party Beneficiary: Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement. Upon Your acceptance of
the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the
Agreement against You as a third party beneficiary thereof.ORACLE:
The Software contains viewer software licensed by Novell from Oracle America, Inc. (“Oracle”) and may include Oracle JDBC
drivers. For purposes of this addendum, the term “program” refers to the Oracle viewer software and related Oracle components as
well as Oracle JDBC drivers. Oracle requires that You agree to the following terms regarding use of the program.
Terms of Use
1) Your use the program is restricted to the scope of the Software and to Your internal business operations. You may permit Your
agents, contractors, outsourcers and non-employee users to use the program on Your behalf for Your internal business operations,
subject to the terms of the end user license agreement and provided that You are responsible for their use of the Software and
compliance with the end user license agreement. Physical control and administrative control of the programs must remain with the
legal entity that executed the end user license agreement.
2) You are prohibited from (a) transferring the program except for temporary transfer in the event of computer malfunction if the
Software embeds the program in a physical device; (b) assigning, giving, or transferring the program or an interest in them to
another individual or entity (and if You grant a security interest in the programs, the secured party has no right to use or transfer the
programs).
3) Oracle or its licensor retains all ownership and intellectual property rights to the program.
4) You are prohibited from: (a) use of the program for rental, timesharing, subscription service, hosting, or outsourcing; (b) the
removal or modification of any program markings or any notice of Oracle’s or its licensors’ proprietary rights; (c) making the
programs available in any manner to any third party for use in the third party’s business operations (unless such access is expressly
permitted for the specific program license); (d) reverse engineering (unless required by law for interoperability), disassembly or
decompilation of the programs (the foregoing prohibition includes but is not limited to review of data structures or similar materials
produced by programs); and (e) publication of any results of benchmark tests run on the programs.
5) You are required to comply fully with all relevant export laws and regulations of the United States and other applicable export and
import laws to assure that neither the programs, nor any direct product thereof, are exported, directly or indirectly, in violation of
applicable laws. The Software of the Uniform Computer Information Transactions Act is excluded.
6) You are hereby notified that the programs are subject to this restricted license and can only be used in conjunction with the
Software. You are not permitted to modify the programs. At the termination of the end user license agreement, You will discontinue
use and destroy all copies of the program and documentation.
7) You agree to permit Novell to audit Your use of the programs and report the audit results to Oracle or allow Oracle to perform the
audit at Your cost. You agree to designate Oracle as a third party beneficiary of the agreement with respect to the programs. You
may not require Oracle to perform any obligations or incur any liability not previously agreed to between Novell and Oracle.
8) To the extent permitted by applicable law, Oracle disclaims liability for (a) any damages, whether direct, indirect, incidental,
special, punitive or consequential, and (b) any loss of profits, revenue, data or data use, arising from the use of the programs.
9) Some programs may include source code that Oracle may provide as part of its standard shipment of such programs, which
source code shall be governed by the terms of the end user license agreement. Third party technology that may be appropriate or
necessary for use with some Oracle programs is specified in the Software documentation or as otherwise notified. Such third party
technology is licensed to You only for use with the program under the terms of the third party license agreement specified in the
Software documentation or as otherwise notified and not under the terms of the end user license agreement.
(February 2013)
AGFA MONOTYPE CORPORATION
END USER LICENSE AGREEMENT
This Agfa Monotype Corporation End User Agreement (the “Agreement”) becomes a binding contract between you and Agfa
Monotype Corporation (a) when you click on the area marked “ACCEPT LICENSE AGREEMENT,” or, (b) if you are acquiring Font
Software on a floppy disk, when you open the package in which the font is contained. If you do not wish to be bound by the
Agreement, you cannot access, use or download the Font Software. Please read all of the Agreement before you agree to be bound
by its terms and conditions.
You hereby agree to the following:
1. You are bound by the Agreement and you acknowledge that all Use (as defined herein) of the Font Software (as defined herein)
supplied to you by AMT is governed by the Agreement.
2. “AMT” as used herein shall mean collectively Agfa Monotype Corporation, its successors and assigns, its parent and affiliated
corporations, its authorized distributors, and any third party that has licensed to AMT any or all of the components of the Font
Software supplied to you pursuant to the Agreement.
3. “Font Software” as used herein shall mean software which, when used on an appropriate device or devices, generates typeface
and typographic designs and ornaments. Font Software shall include all bitmap representations of typeface and typographic designs
and ornaments created by or derived from the Font Software. Font Software includes upgrades, updates, related files, permitted
modifications, permitted copies, and related documentation.
4. “Basic Licensed Unit” as used herein shall mean up to five (5) Workstations (as defined herein) connected to no more than one
(1) printer with a non-volatile memory (for example, a hard drive), all located at a single geographic location. If you intend to use the
Font Software on more equipment than permitted by a Basic Licensed Unit, you must create an “Expanded Licensed Unit” by
obtaining from AMT, for an additional fee, a site license for all such equipment. “Licensed Unit” as used herein shall mean a Basic
Licensed Unit or an Expanded Licensed Unit as is appropriate to the context in which the term is used. If you have acquired an
entire Font Software Library (that is, a single license for Font Software for 500 or more different typeface designs) and you use such
Font Software Library only at a single geographic location, then “Licensed Unit” shall mean up to twenty (20) Workstations
connected to no more than two (2) printers with non-volatile memories at such geographic location.
5. “Use” of the Font Software shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are
followed by the Font Software, regardless of the location in which the Font Software resides.
6. “Derivative Work” shall mean binary data based upon or derived from Font Software (or any portion of Font Software) in any form
in which such binary data may be recast, transformed, or adapted including, but not limited to, binary data in any format into which
Font Software may be converted.
7. “Personal or Internal Business Use” shall mean Use of the Font Software for your customary personal or internal business
purposes and shall not mean any distribution whatsoever of the Font Software or any component or Derivative Work thereof.
“Personal or Internal Business Use” shall not include any Use of the Font Software by persons that are not members of your
immediate household, your authorized employees, or your authorized agents. All such household members, employees, and agents
shall be notified by you as to the terms and conditions of the Agreement and shall agree to be bound by it before they can have Use
of the Font Software.
8. “Workstation” as used herein shall mean a component in which an individual is able to give commands (whether by keyboard or
otherwise) that are followed by the Font Software, regardless of the location in which the Font Software resides.
9. “Commercial Product” as used herein shall mean an electronic document or data file created by Use of the Font Software that is
offered for distribution to the general public (or to some subset of the general public) as a commercial product in exchange for a
separate fee or other consideration. By way of illustration and not by way of limitation, an electronic book or magazine distributed for
a fee shall be considered a Commercial Product; a document distributed in connection with a commercial transaction in which the
consideration is unrelated to such document (for example, a business letter, a ticket for an event, or a receipt for purchase of
tangible goods such as clothing) shall not be considered a Commercial Product.
10. You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to
access the Font Software (i) only in a Licensed Unit, (ii) only for your Personal or Internal Business Use, and (iii) only subject to all
of the terms and conditions of the Agreement. You have no rights to the Font Software other than as expressly set forth in the
Agreement. You agree that AMT owns all right, title and interest in and to the Font Software, its structure, organization, code, and
related files, including all property rights therein such as copyright, design and trademarks rights. You agree that the Font Software,
its structure, organization, code, and related files are valuable property of AMT and that any intentional Use of the Font Software not
expressly permitted by the Agreement constitutes a theft of valuable property. All rights not expressly granted in the Agreement are
expressly reserved to AMT. You may not use the Font Software to electronically distribute a Commercial Document without a
separate license from AMT authorizing you to do so.
11. You may install and Use the Font Software on a single file server for Use on a single local area network (“LAN”) only when the
Use of such Font Software is limited to the Workstations and printers that are part of the Licensed Unit of which the server is a part.
For the purpose of determining the proper number of Workstations for which a license is needed, the following example is supplied
for illustration purposes only: If there are 100 Workstations connected to the server, with no more than 15 Workstations ever using
the Font Software concurrently, but the Font Software will be used on 25 different Workstations at various points in time, a site
license must be obtained creating a Licensed Unit for 25 Workstations. The Font Software may not be installed or Used on a server
that can be accessed via the Internet or other external network system (a system other than a LAN) by Workstations that are not
part of a Licensed Unit.
12. You may electronically distribute Font Software embedded in a “Personal or Internal Business Use” document (that is, a
document other than a “Commercial Product” as defined herein) only when the Font Software embedded in such document (i) is in a
static graphic image (for example, a “gif”) or an embedded electronic document, and (ii) is distributed in a secure format that permits
only the viewing and printing (and not the editing, altering, enhancing, or modifying) of such static graphic image or embedded
document. You may not embed Font Software in a Commercial Product without a separate written license from AMT, and you may
not embed Font Software in an electronic document or data file for any reason other than your own Personal or Internal Business
Use.
13. You may not alter Font Software for the purpose of adding any functionality which such Font Software did not have when
delivered to you by AMT. If the Font Software contains embedding bits that limit the capabilities of the Font Software, you may not
change or alter the embedding bits. Font Software may not be used to create or distribute any electronic document in which the Font
Software, or any part thereof, is embedded in a format that permits editing, alterations, enhancements, or modifications by the
recipient of such document. If you have reason to believe that a recipient of an electronic document possesses the capability to edit,
alter, enhance, or modify such electronic document even though you have distributed it in a format which does not permit such
editing, alteration, enhancement, or modification, you shall not transmit such document to such person.
14. You may take a digitized copy of the Font Software used for a particular document, or Font Software embedded in an electronic
document, to a commercial printer or service bureau for use by the printer or service in printing such document but only if the printer
or service bureau represents to you that it has purchased or been granted a license to use that particular Font Software.
15. You acknowledge that the Font Software is protected by the copyright and other intellectual property law of the United States
and its various States, by the copyright and design laws of other nations, and by international treaties. You agree to treat the Font
Software as you would any other copyrighted material, such as a book. You may not copy the Font Software, except as expressly
provided herein. Any copies that you are expressly permitted to make pursuant to the Agreement must contain the same copyright,
trademark, and other proprietary notices that appear on or in the Font Software. You agree not to adapt, modify, alter, translate,
convert, or otherwise change the Font Software, or to create Derivative Works from Font Software or any portion thereof. You
further agree not to use Font Software in connection with software and/or hardware that create Derivative Works of such Font
Software. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Font
Software, provided, however, that if you are located in a European Community member country or any other country which provides
rights materially similar to the rights set forth in this proviso, you may reverse engineer or decompile the Font Software only to the
extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such
purpose and only to the extent that sufficient information is not provided by AMT upon written request). You agree to use trademarks
associated with the Font Software according to accepted trademark practice, including identification of the trademark owner’s name.
Trademarks can only be used to identify printed output produced by the Font Software. The use of any trademark as herein
authorized does not give you any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit of
AMT. You may not change any trademark or trade name designation for the Font Software.
16. You may not rent, lease, sublicense, give, lend, or further distribute the Font Software, or any copy thereof, except as expressly
provided herein. You may transfer all your rights to use the Font Software to another person or legal entity provided that (i) the
transferee accepts and agrees to be bound by all the terms and conditions of the Agreement, and (ii) you destroy all copies of the
Font Software, including all copies stored in the memory of a hardware device. If you are a business or organization, you agree that
upon request from AMT or AMT’s authorized representative, you will with thirty (30) days fully document and certify that use of all
AMT Font Software at the time of the request is in conformity with your valid licenses from AMT.
17. You may make one back-up copy of Font Software for archival purposes only, and you shall retain exclusive custody and
control over such copy. Upon termination of the Agreement, you must destroy the original and all copies of the Font Software.
18. AMT warrants to you that the Font Software will perform substantially in accordance with its documentation for the ninety (90)
day period following delivery of the Font Software. To make a warranty claim, you must, within the ninety (90) day warranty period,
return the Font Software to the location from which you obtained it along with a copy of your receipt or, if such Font Software is
acquired on-line, contact the on-line provider with sufficient information regarding your acquisition of the Font Software so as to
enable AMT to verify the existence and date of the transaction. If the Font Software does not perform substantially in accordance
with its documentation, the entire, exclusive, and cumulative liability and remedy shall be limited to the refund of the license fee you
paid to AMT to obtain delivery of the Font Software. AMT DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY
OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR AMT’S
BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AMT MAKES NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR
FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL AMT BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY
CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST
DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF AMT HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF AMT
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above
exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on
how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any
implied warranties not effectively excluded by the Agreement are limited to ninety (90) days. Some jurisdictions do not permit a
limitation of implied warranties where the product results in physical injury or death so that such limitations may not apply to you. In
those jurisdictions, you agree that AMT’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars
(U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You
may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is non-returnable and
nonrefundable.
19. The Agreement will be governed by the laws of Illinois applicable to contracts wholly entered and performable within such
state. All disputes related to the Agreement shall be heard in the Circuit Court of Cook County, Illinois, U.S.A. or the United States
District Court for the Northern District of Illinois, Chicago, Illinois U.S.A. Both you and AMT agree to the personal jurisdiction and
venue of these courts in any action related to the Agreement. The Agreement will not be governed by the United Nations
Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. 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.
20. The Agreement shall automatically terminate upon failure by you (or any authorized person or member of your immediate
household to whom you have given permission to Use the Font Software) to comply with its terms. The termination of the
Agreement shall not preclude AMT from suing you for damages of any breach of the Agreement. The Agreement may only be
modified in writing signed by an authorized officer of AMT. 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 or any applicable export
laws, restrictions or regulations.
21. You have the rights expressly set forth in the Agreement and no other. All rights in and to the Font Software, including
unpublished rights, are reserved under the copyright laws of the United States and other jurisdictions. All rights reserved.
Notwithstanding the foregoing, to the extent that any law, statute, treaty, or governmental regulation shall be deemed by a court of
competent jurisdiction to provide you with any additional or different rights from those provided herein and such rights shall be
deemed non-waiveable as a matter of law and to supersede the rights specifically provided herein, then such law, statute, treaty, or
governmental regulation shall be deemed to be made a part of the Agreement. To the extent that any such rights created by any
law, statute, treaty or governmental regulation are waiveable, you agree that your acceptance of the Agreement shall constitute an
effective and irrevocable waiver of such rights. The Agreement may be enforced by AMT or by an authorized dealer acting on behalf
of AMT.
22. If this product is acquired under the terms of a (i) GSA contract - use, reproduction or disclosure is subject to the restrictions set
forth in the applicable ADP Schedule contract, (ii) DOD contract - use, duplication or disclosure by the Government is subject to the
applicable restrictions set forth in DFARS 252.277-7013; (iii) Civilian agency contract - use, reproduction, or disclosure is subject to
FAR 52.277-19(a) through (d) and restrictions set forth in the Agreement.
“Monotype” is a trademark of Agfa Monotype Limited registered in the U.S. Patent and Trademark Office and elsewhere. All other
trademarks are the property of their respective owners.
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