Server License Agreement

This Font Software Server License Agreement (the "Agreement") is a binding contract between you and Out of Step Font Company. The Agreement becomes binding when you download the software or acquire the software from any hard media.

If you refuse to be bound by the Agreement, you cannot download or use the Font Software.

Please read this entire Agreement before agreeing to be bound. It is recommended that you print this Font Software License Agreement for further reference.

1         Acceptable Use

The Server License entitles you to the limited use of the Font Software as listed below. Limitations and exemptions on the below-listed usages are further described in the Agreement.

  • Server-based usage by website visitors, or
  • Browser-based application by remote users

1.1      Exemptions

The following uses are exempted from requiring a Server License:

  • Static graphic images included in a website served by the server (see Standard and Multi-Use License Agreement)
  • Webfont usage as described under the Webfont License Agreement for which a license is held
  • Regional or format variations of a Browser-Based Application for which a license is held
  • Internal Use as described under the Standard and Multi-Use License Agreement for which a license is held

1.2      Server Usage

The Font Software may be installed on a server for embedding in public websites. Installation of the Font Software on a server for public use is subject to all requirements of the Webfont License Agreement, with the following exception:

Under the Server License, the Font Software may be embedded by a web design agency, hosting provider, or other entity across multiple clients’ from a single server.

1.2.1     Additional Servers

Under the Server License, an additional Server License is required for each server installation.

1.3      Browser-Based Applications

Under the Server license, a Server License entitles the license holder to run a single browser-based application on a single application platform from a single server. Application platform is understood to mean a browser-based programming language which runs software applications, including but not limited to Flash, Java, or HTML5.

1.3.1     Applications Providing Personalization of Products

The Server License Agreement allows the use of the Font Software in an Application to enable the customization or personalization of products to unlicensed users for download or purchase. The Server License holder is entitled to use the Font Software in an Application if

  • a unique Server License is held for that individual application,
  • the Application runs on a single application platform,
  • the Application is served from a single server owned or controlled by you,
  • all websites and domains on which the Application runs belong to the owner of the server License,
  • all public references to the Font Software will be by use of the Font Software’s original name, but only where the reproduction is a faithful representation of the underlying font,
  • the Font Software is served via a secure system that does not permit the extraction of the embedded Font Software,
  • the Font Software is embedded into the download file via a secure system that does not permit the extraction of the embedded Font Software,
  • the Font Software is not installed in the operating system of the device on which the website is running, and
  • the Font Software is not embedded into hardware of any kind.

1.3.1.1     Embedding in Personalized Documents or Data Files

The Application may be used to embed the Font Software into personalized documents or data files if

  • the Font Software is embedded through the use of a file format that protects the Font Software by means of encryption or other means (Adobe or IDPF Font Obfuscation),
  • the document or data file is distributed in a secure format that does not permit the extraction of the embedded Font Software, such as but not limited to PDF, EPUB 2 or later, or KF8,
  • the Font Software is not installed in the operating system of the device on which the document or data file is running,
  • the Font Software is not offered as part of a product released under an open source software agreement, and
  • the Font Software is not embedded into hardware of any kind.

1.4      Development Servers

Under the Server License, the license holder is entitled to unlimited usage on Development Servers. The Font Software may be installed on a Development Server if:

  • the server is server owned or controlled by you,
  • the server is dedicated to only your Internal Development Use,
  • the Font Software cannot be transferred or extracted from the server, and
  • the server cannot be accessed by unlicensed users or others, either directly or indirectly.

1.4.1     Internal Development Use

Under Internal Development Use, the License Holder or other users shall be entitled to create, print, view, and edit non-commercial documents or data files into which a whole or partial copy of the Font Software has been incorporated, distribute the electronic document or data file, and view and edit the created documents or data files, if

  • the electronic document or data file cannot be removed from the server in any format allowing editing of the document or data file,
  • the Font Software cannot be extracted from the document or data file, and
  • users are notified of all Intellectual Property Rights associated with the Font Software.

Non-commercial documents or data files are understood to mean an electronic document or data file created by use of the Font Software and not offered for distribution to any part of the general public for a fee or other consideration.

2         Binding Agreement

You hereby agree to be bound by this Agreement and you acknowledge that all use of the Font Software is governed by this Agreement.

3         License Grant

You are hereby granted a non-exclusive, non-assignable license to

  • use the Font Software on Development Servers solely for internal development use, and either
  • install the Font Software on a single server for use on multiple clients websites, or
  • incorporate the Font Software into a Browser-Based Application and install the application on a Licensed Server.

The grant of this license is valid for a period of one (1) year following the date listed on your Proof of Licensure. You may not give, lend, sell, rent, lease, or sublicense the Font Software, or any copy thereof, except as expressly provided in this Agreement.

3.1      Proof of Licensure

Your purchase receipt is your record of licensure. The purchase receipt lists the owner of the license, and the name of the Font Software licensed. A copy of the purchase receipt is retained by Out Of Step Font Company.

3.2      Transfer of the License

Grant of the license, consisting of all your rights to use the Font Software, may be transferred to another person or legal entity provided that

  • the transferee accepts this Agreement,
  • the transferee agrees to be bound by all terms and conditions of the Agreement, and
  • you destroy all copies of the Font Software, including permanent removal of all copies recorded onto all forms of digital physical storage media.

3.3      Alterations to Font Software

You may not alter, change, or modify the Font Software. The includes the addition of functionality that the Font Software did not have when delivered to you by Out of Step Font Company, or part of the coding stating that the Font Software is only authorized for certain purposes.

3.4      Copies of the Font Software

You have the right to one (1) back-up copy of Font Software. The back-up copy is to be used for archival purposes only, such as to restore the Font Software in case of hardware failure.

You shall retain exclusive custody and control over the back-up copy.

The one (1) back-up copy must contain the same copyright, trademark, and other proprietary notices that appear in the Font Software.

The back-up copy of the Font Software must be destroyed upon termination of the Agreement.

4         Intellectual and Industrial Property Rights.

4.1      Jurisdiction

You agree that the Font Software is protected by the copyright law and other intellectual and industrial property rights of Canada and its various Provinces, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties.

4.2      Limitations

Under the terms of this agreement, you may not

  • copy the Font Software, except as expressly provided herein,
  • adapt, modify, alter, translate, convert, or otherwise change the Font Software,
  • create Derivative Works from Font Software or any portion thereof,
  • use Font Software in connection with software and/or hardware which create Derivative Works of such Font Software,
  • reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or instructions of the Font Software, unless located in a European Community member country where such conduct is legal, and the conduct is in accordance with the applicable local law, and
  • change any trademark or trade name designation for the Font Software,

Under the terms of this agreement, you further agree

  • that Out of Step Font Company owns all right, title and interest in and to the Font Software, its structure, organization, code, and related files, including all intellectual and industrial property rights therein such as copyright, design and trademarks rights,
  • that the Font Software, its structure, organization, code, and related files are valuable property of Out of Step Font Company and that any intentional or negligent use of the Font Software not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights,
  • to use trademarks associated with the Font Software according to accepted trademark practice, including identification of the trademark owner's name,
  • that the use of any trademark as authorized herein does not give you any rights of ownership in that trademark. All use of any trademark shall inure to the sole benefit of Out of Step Font Company.

5         Limited Warranty

The Font Software is provided with a limited warranty. The Font Software is warranted to perform in accordance with its documentation a period of ninety (90) days following download of the Font Software.

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 Out of Step Font Company to purchase the Font Software.

5.1      Exclusions

No warranty is provided on the performance or results obtained through the use of the Font Software.

6         Termination

This Agreement shall be terminated immediately upon failure by you or any member of the License Unit to comply with the terms of this Agreement. Notice of termination will be communicated by regular mail, telefax or email.

Termination of the Agreement does not preclude Out of Step Font Company from suing you for damages as the result of any breach of the Agreement.

7         Modification

This Agreement may only be modified in writing, and the modifications will only be valid if signed by an authorized officer of Out of Step Font Company.

8         Company Information

Out Of Step Font Company
PO Box 67529, Dundas Spadina PO
280 Spadina Ave
Toronto, ON, M5T1A0
Canada
info@outofstepfontco.com
http://outofstepfontco.com

V1.0, April 24, 2015


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