0
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.
7
. "Commercial Product" as used herein shall mean an
electronic document or data file created by Use of the Font
Software which is offered for distribution 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.
8
. 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
Computer, (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
Ascender 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 Ascender 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 Ascender. You may
not use or include the Font Software as part of a Commercial
Product, or any other hardware or software product, without a
separate license from Ascender authorizing you to do so.
9
. 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 number
of Licensed Computers for which you have a license. 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 personal computers which are
not Licensed Computers, unless you acquire a license from
Ascender granting you this specific right.
10
. 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 is distributed in a secure format that permits only
the viewing, printing and editing (and not the installing) of
such Font Software. You may not embed Font Software in a
Commercial Product without a separate written license from
Ascender, for an additional fee. You may not alter or modify
the embedding permission contained within the Font Software.
11
. 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 and
you agree not to copy the design embodied within the Font
Software. 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 any derivative works from Font Software or any
portion thereof. You further agree not to use Font Software
in connection with software and/or hardware which creates
any 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 Ascender 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 the trademark owner. You may not change any
trademark or trade name designation for the Font Software.
12
. 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 this 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
Ascender or Ascender's authorized representative, you will
with thirty (30) days fully document and certify that use of any
and all Ascender Font Software at the time of the request is in
conformity with your valid licenses from Ascender.
13
. 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 any and all
copies of the Font Software.
14
. Ascender 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
Ascender 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