cumulative liability and remedy shall be limited to the refund
of the license fee you paid to Ascender to obtain delivery of
the Font Software. ASCENDER DOES NOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING
THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE
AND EXCLUSIVE REMEDIES FOR ASCENDER'S BREACH
OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED
WARRANTY, Ascender MAKES NO REPRESENTATIONS
OR WARRANTIES, EXPRESS OR IMPLIED, AS TO
NONINFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR
PURPOSE. IN NO EVENT WILL ASCENDER 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
ASCENDER 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
ASCENDER 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 Ascender'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 nonreturnable and nonrefundable.
15
. 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 Ascender 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.
16
. 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 Ascender
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 Ascender. 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.
17
. 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 Ascender or by an authorized dealer acting on
behalf of Ascender.
18
. 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 Imaging Inc. (USA)
25 Northwest Point Blvd, Suite 525
Elk Grove Village, IL 60007
United States
Phone: +1 (847) 631-1100
For Font Licensing Inquiries - Option 2
Office Hours: 9AM – 5PM Monday - Friday
=================================================
iType
The FreeType Project LICENSE
2006-Jan-27
Copyright 1996-2002, 2006 by
David Turner, Robert Wilhelm, and Werner Lemberg
Introduction
=================================================
The FreeType Project is distributed in several archive packages;
some of them may contain, in addition to the FreeType font
engine, various tools and contributions which rely on, or relate
to, the FreeType Project.
This license applies to all files found in such packages, and
which do not fall under their own explicit license. The license
affects thus the FreeType font engine, the test programs,
documentation and makefiles, at the very least.
This license was inspired by the BSD, Artistic, and IJG
(Independent JPEG Group) licenses, which all encourage
inclusion and use of free software in commercial and freeware
