end-User liCense aGreeMent
The controller display in this appliance generates text in various Lucida
™
licensed typefaces generated
by Monotype
®
truetype font software under license. Lucida is a trademark of Bigelow and Holmes, which
may be registered in certain other jurisdictions. Monotype is a trademark of Monotype Imaging, Inc.,
registered in the United States Patent and Trademark Office and may be registered in certain other
jurisdictions.
Use of this controller constitutes the end-user’s agreement to the following license terms:
definitions:
“Software” means the font software incorporated into, bundled with or otherwise offered
for use exclusively with other hardware of software products acquired by you, which Software may
include, but is not limited to, Font Software, Typefaces and Font Software scaling and rasterizer software
and all documentation related to such software. “Font Software” means a software program which, when
used in conjunction with appropriate hardware and software, renders a human readable version of a
Typeface. “Typefaces” means a set of pre-determined characters (alphanumerics, design-related
characters and universal symbols) in one single weight and version letter.
license and ownership:
You agree to accept a non-exclusive, perpetual (subject to the termination
clause), non-transferable, non-assignable license to use the Software solely (i) to reproduce and display
Typefaces, (ii) in connection with the particular hardware or software products with which the Software
was purchased (the “Designated Product”), (iii) for your own customary internal business or personal
purposes. You have the right to use the Software on only one Designated Product. You agree not to
extract or separate the Software or any part thereof from the Designated Product for any purpose. You
agree not to duplicate, copy, modify, alter, disassemble, decrypt, reverse engineer, or decompile the
Software, and you agree not to make any attempt to discover or obtain access to the source code of the
Software. You agree not to transfer, sublicense or distribute the Software or any part thereof.
Monotype retains all right, title and interest to the Software and no rights are granted to you other than
a license to use the Software on the terms expressly set forth in this Agreement. Monotype reserves all
rights not expressly granted to you pursuant to this License Agreement. You are on notice that Monotype
claims protection of the Software under U.S. copyright laws and you shall not remove any copyright or
other proprietary rights notices on the Software. Monotype may enforce this License Agreement
directly, at its option.
term
:
This License shall continue perpetually until your last use of the Software, unless terminated
earlier pursuant to the terms hereof. The license to use the Software may be terminated by Monotype
or its suppliers if you fail to comply with the material terms of this License Agreement. When this
License Agreement expires or is terminated, you shall either return to Monotype or its suppliers or
destroy all copies of the Software and documentation. You agree to certify your destruction of the
Software if requested.
warranty disclaimer and limitation of remedies:
MONOTYPE MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY, AND NON-INFRINGEMENT. Monotype does not warrant that the Software is
free from all bugs, errors and omissions. IN NO EVENT WILL MONOTYPE BE LIABLE FOR LOST
PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES CAUSED BY MODIFICATION, ABUSE OR MISAPPLICATION OF
THE SOFTWARE. IN NO EVENT SHALL MONOTYPE BE LIABLE IN A TOTAL AMOUNT IN
EXCESS OF THE ACTUAL AMOUNT PAID BY YOU FOR THE SOFTWARE. Your exclusive remedy
and the sole liability of Monotype in connection with the Software is repair or replacement of defective
Software upon return of the defective Software to Monotype.
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 Monotype’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 Software is
non-returnable and nonrefundable.
General:
This License Agreement shall be governed by the laws of the Commonwealth of Massachusetts
of the United States of America. This License Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof and supersedes any prior agreements with respect to the
subject matter hereof. This Agreement may only be changed by mutual agreement of authorized
representatives of the parties in writing. You will be responsible for compliance with U.S. Export
Control Regulations as enacted by the Export Administration Act of 1979, as amended, and any other
applicable export laws and will not export or re-export the Software without first fulfilling the
requirements of law.
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