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 A is for Apple (hereinafter “AA”), and is applicable to the Font Software that is accompanied by this Agreement or that you have ordered online. By downloading the Font Software or opening the package, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download, install, or use the Font Software.
OWNERSHIP OF PRODUCT AND COPYRIGHT
1. The digital files downloaded to your computer contain font software that is the intellectual property of the font’s respective designer, represented herein by AA. You have purchased a non-exclusive license which grants you certain rights to use the font software. It is not an agreement for sale of the font software or any portion of it.
2. You agree that the font software is owned by the font’s designer and AA, and its structure, organisation and code are the valuable trade secrets of AA. You acknowledge that the software is protected by by the copyright and other intellectual property law of France, the United States Copyright Law, 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, a musical recording, a motion picture, or a work of art.
3. Except for your right to use the font software granted by this license, all other rights, title of the font software, related trademarks and trade names are owned and retained by AA.
GRANT OF LICENSE
4. This non-exclusive license grants you to use font software in a Licensed Unit for your own personal or internal business purposes according to the terms of this Agreement. You have no rights to the Font Software other than as expressly set forth in the Agreement. You agree that AA 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 AA 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 AA. You may not use the Font Software to electronically distribute a Commercial Document without a separate license from AA authorizing you to do so.
5. You are not authorized to sublicense, sell, lend or lease the font software.
6. You may not use any original AA software file to create a derivative or modified product or design. You may not convert or modify the original font software under any circumstance.
7. You may embed the Font Software in documents either as a rasterized representation of the Font Software (e.g., a GIF or JPEG) or as a subset of the Font Software as long as the document is distributed in a secure format that itself is not a Commercial Product. You may embed the Font Software in websites using common formats such as Cufon End User Licence Agreement and similar. You need to obtain a separate license to use @font-face. You need an additional license from AA or its Distributors for embedding the Font Software in a Commercial Product. “Commercial Product” means a product (e. g. electronic document, soft- or hardware) which is distributed to third parties with the intention of ( i) obtaining a financial or other consideration and/or (ii) increasing awareness of one’s own company or institution, products, and services in order to gain more business.
STANDARD USER LICENSE AND MULTI-USER LICENSE
8. “Licensed Unit” means an installation of the Font Software that allows up to 4 (four) concurrent users and any amount of output devices to use it at a single geographic location. A single geographic location is in particular the site of your place of business. The geographic restriction does not apply to portable computers if they are owned by you. If you require font software to be used by more than 4 users, you need to purchase a license extension.
9. 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 Worksta- tions which are not part of a Licensed Unit.
10. For the exclusive purpose of data backup, additional copies of the font software can be made.
11. Limited Warranty: For a period of ten (10) days after delivery, AA warrants that the font software will perform in accordance with the specifications published by AA. Your exclusive remedy and the sole liability of AA in connection with the font software is repair or replacement of its defective parts within the 10-days period after delivery. The war- ranty does not apply to any font software converted, manipulated or modified by the user.
12. Disclaimer of warranties: Except for the limited warranty set forth in clause 1), AA makes no other warranties, express or implied. The warranties of fitness for a particu- lar purpose and merchantability are specifically excluded. AA does not warrant the per- formance and result you may obtain by using the font software and accept no liability thereto.
13. Limitation of liability: In no event will AA be liable to you for any consequential, indi- rect, incidental, punitive or special damages including any lost profits, lost data or lost savings. This agreement will be governed by the laws of France.