This End User License Agreement ("Agreement") is a legal Agreement between you (either on behalf of yourself as an individual or on behalf of an entity as its authorized representative) and Elfring Fonts, Inc. Please read this Agreement carefully. This Agreement supersedes all previous versions. This Agreement is governed by the laws of the state of Illinois.
By checking the "I accept the agreement" box and/or installing, copying, or otherwise using Elfring Fonts, Inc Software you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, click on the "I do not accept the agreement" button and then click "Cancel". Do not install, copy, or use the Software.
1. SOFTWARE: As used in this Agreement, the term "Software" refers to the Elfring Fonts Inc. software which you have selected to install. The term "Software" also shall include any upgrades, modified versions or updates of the Software made available to you by Elfring Fonts Inc. The Software is deemed accepted by you upon installation of the Software. The term "Software" also includes any third party software made available to you by Elfring Fonts Inc.
2. GRANT OF LICENSE: Subject to the terms of this Agreement, Elfring Fonts Inc hereby grants you a perpetual, non-exclusive, non-transferable right to: (i) to use one copy of the Software solely for one person's use on one computer per purchased copy of the software, or, for users of Windows Terminal Server ("WTS"), solely for use by users covered under the WTS License. (ii) You agree that you will not sublicense, assign, transfer, distribute, pledge, lease, rent or share your rights under this License except with prior written permission from Elfring Fonts Inc. (iii) You agree that you will not modify, adapt or translate, or disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of the Software.
3. REFUND POLICY: Elfring Fonts Inc will refund the full price of the Software if the Software is damaged or defective, and only if you notify Elfring Fonts Inc of the refund request within thirty (30) days of the date you purchased the Software.
4. MAINTENANCE AND SUPPORT:All updates/upgrades for your purchased edition are free of charge for ninety (90) days following your purchase of the Software. Updates and support are available beyond the ninety (90) day period for an additional fee. Contact Elfring Fonts Inc for additional details.
5. TITLE: You agree that no title to the intellectual property in the Software transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain Elfring Fonts Inc. The Software is protected by intellectual property laws of the United States and other countries and by international treaties.
6.1 Limited Warranty. Elfring Fonts Inc warrants to You that the encoding of the Software on the media on which the Software is furnished will be free from defects in material and workmanship, and that the Software shall substantially conform to its user manual, as it exists at the date of delivery, for a period of ninety (90) days from the date You receive the original License Key. Elfring Fonts entire liability and Your exclusive remedy shall be, at Elfring Fonts option, either: (i) return of the price paid to Elfring Fonts for the Software, resulting in the termination of this Agreement, or (ii) repair or replacement of the Software or media that does not meet this limited warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to You. This warranty gives You specific legal rights. You may have other rights that vary from state to state.
6.2 As Is Sale: EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN SECTION 8.1, YOU AGREE THAT ELFRING FONTS INC HAVE MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ACKNOWLEDGE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT ELFRING FONTS INC, THE RETAILER, OR ANY DISTRIBUTOR) ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS.
6.3 Disclaimer: ELFRING FONTS INC DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, (i) THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; OR (ii) THAT ANY INFORMATION ACCESSED BY THE SOFTWARE WILL BE ACCURATE OR COMPLETE. THIS WARRANTY DISCLAIMER AFFECTS YOUR LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. LIMITATIONS ON LIABILITY: EXCEPT FOR BODILY INJURY OF A PERSON, IN NO EVENT WILL ELFRING FONTS INC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, THE PRODUCT OR ANY SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), OR FOR LOSS OF OR CORRUPTION OF DATA, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY, IRRESPECTIVE OF WHETHER ELFRING FONTS INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ELFRING FONTS INC MAXIMUM LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE LICENSE FEES RECEIVED BY ELFRING FONTS INC UNDER THIS LICENSE FOR THE PARTICULAR PRODUCT(S) WHICH CAUSED THE DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
8. TERMINATION: This Agreement is in effect until terminated. This Agreement shall terminate automatically if you fail to comply with the terms of this Agreement. No notice shall be required from Elfring Fonts Inc to effect such termination. You may also terminate this Agreement at any time by notifying Elfring Fonts Inc in writing of termination. Upon any termination of this Agreement, you must uninstall and destroy all copies of the Software and Elfring Fonts Inc will be entitled to all remedies in accordance with applicable law.
9. U.S. GOVERNMENT RIGHTS: The Software under this Agreement is commercial computer software as that term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulations ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement ("DFAR") and its successors. Contractor/manufacturer is Elfring Fonts, Inc at 4N899 W Mary Dr, St Charles, IL 60175.
10. GOVERNING LAW: This Agreement will be governed by the laws of the State of Illinois as they are applied to agreements between Illinois residents entered into and to be performed entirely within Illinois. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
11. ENTIRE AGREEMENT: You agree that this is the entire agreement between you and Elfring Fonts Inc, and that it supersedes any prior agreement, whether written or oral, and all other communications between Elfring Fonts Inc and you relating to the subject matter of this Agreement. This Agreement may be amended, modified or supplemented only by a writing that is signed by the authorized representatives of both parties.
12. RESERVATION OF RIGHTS: All rights not expressly granted in this Agreement are reserved by Elfring Fonts Inc.
13. CHANGES. This license and warranty agreement may be changed at any time, without notice.