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End User License
If you agree to the terms of the Berthold End User License Agreement, click the “Accept License
Agreement” button and your order will be processed. IF YOU DO NOT AGREE TO THE TERMS OF
THE FOLLOWING AGREEMENT, YOUR ORDER REQUEST WILL BE TERMINATED.
This is a contract between you and Berthold Direct Corp. This is not a contract for sale of font software,
but a license to use font software subject to the terms and conditions of the Agreement. Please read
the terms carefully. You, on behalf of your employer or personally, agree as follows:
Font Software. The font software you selected to license (the “Font Software”), is the property of
Berthold. The term “Font Software” includes any related documentation, updates and permitted copies
of the Font Software licensed to you by Berthold. As used in this Agreement, the term “Berthold”
means collectively Berthold Direct Corp., its successors and assigns, its affiliated companies, its
authorized distributors and resellers, and any third party which has licensed to Berthold any or all of
the intellectual property rights associated with the Font Software.
Limited License. Upon payment of the nonrefundable license fee, Berthold grants you a
nonexclusive, nontransferable, limited right to use the Font Software for personal or internal business
use by you on the permitted number of Licensed Computers at a single, physical location designated
by you (the “Licensed Location”). The term “use” means to install and access the Font Software, and
give commands (by keyboard or otherwise) followed by the Font Software.
The permitted number of Licensed Computers is 5 unless you have obtained a license for additional
Licensed Computers (available in increments of 5). For each 5 Licensed Computers, you may also
download the Font Software to the memory (hard disk or RAM) of 1 output device connected to 1
Licensed Computer for the purpose of having the Font Software remain resident in the output device.
However, if you license the Berthold Exklusiv Collection or the Adobe Berthold Exklusiv Collection, the
permitted number of Licensed Computers is 20 unless you have obtained a license for additional
Licensed Computers (available in increments of 10). For each 20 Licensed Computers, you may
download the Font Software to the memory (hard disk or RAM) of 2 output devices connected to 2
Licensed Computers for the purpose of having the Font Software remain resident in the output
devices.
Portable computers may be included within the number of permitted Licensed Computers provided
that such portable computers are primarily used at the Licensed Location.
You may install the Font Software on a file server for use on a local area network located at the
Licensed Location, provided that use of the Font Software is limited to those computers that are the
Licensed Computers. For the avoidance of doubt, each computer that will access the Font Software on
the network must be a Licensed Computer located at the Licensed Location. You may not install the
Font Software on a file server that can be accessed via the Internet or other external network system by
computers and printers not located at the Licensed Location.
Embedding Restrictions. Embedding of the Font Software is prohibited except as expressly provided
in this section.
You may embed the Font Software into electronic documents for use on computers that are NOT
Licensed Computers, subject to the following restrictions: (a) the electronic documents are distributed
in a secure format that allows only printing and viewing, and prohibits editing, selecting, enhancing or
modifying the text; and (b) the electronic documents are for personal or internal business use. If you
are unable to limit access to the document to “view and print” only, then the electronic document may
not be used on computers that are NOT Licensed Computers.
You may embed the Font Software into electronic documents for use on computers that are Licensed
Computers provided that the electronic documents are for personal or internal business use.
Without the purchase of an additional license, you may NOT otherwise embed the Font Software. For
example and without limitation: (i) You may NOT embed the Font Software into your hardware,
software or other products, such as, application programs, electronic games, e-books, kiosks, printers,
etc.; (ii) You may NOT embed the Font Software into your web pages; and (iii) You may NOT embed
the Font Software into electronic documents that permit editing, selecting, enhancing or other
modifying of the text.
Permitted Copies. You may not duplicate or copy the Font Software except as needed to use it as
expressly permitted by this Agreement. However, you may make 1 copy of the Font Software for
backup purposes. All permitted copies you make must contain the exact copyright, trademark and other
proprietary notices that appear on and/or in the Font Software.
Intellectual Property Rights; No Modifications. You acknowledge and agree that the Font Software
and permitted copies, and the trademarks associated with the Font Software, are the intellectual
property owned by Berthold. You further acknowledge and agree that the structure, organization and
code of the Font Software are valuable trade secrets and confidential information of Berthold. The
Font Software is protected by copyright including without limitation, by United States Copyright Law,
international treaty provisions, and applicable laws in the jurisdiction of use.
You may not copy the Font Software except as provided under the "Permitted Copies" provision
above. YOU AGREE THAT YOU WILL NOT MODIFY, ADAPT, TRANSLATE, ALTER NOR CREATE
DERIVATIVE WORKS OF THE FONT SOFTWARE. YOU FURTHER AGREE THAT YOU WILL NOT
REVERSE ENGINEER, DECOMPILE, DECRYPT, DISASSEMBLE, NOR SEEK TO DISCOVER THE
SOURCE CODE OF THE FONT SOFTWARE. IF THE FONT SOFTWARE CONTAINS EMBEDDING
BITS THAT LIMIT THE CAPABILITIES OF THE FONT SOFTWARE, YOU MAY NOT CHANGE OR
ALTER THE EMBEDDING BITS. Notwithstanding, if applicable law in your jurisdiction permits you to
decompile the Font Software, then you may only do so to achieve operability of the Font Software
with another software program provided that you first request in writing that Berthold provide the
information necessary to achieve such operability and Berthold has not made such information
available to you subject to reasonable conditions.
You acknowledge and agree that the term “derivative work” includes code or data based upon or
derived from the Font Software or any portion of the Font Software, in any form in which such code or
data may be transformed, translated or adapted including, without limitation, code or data in any
format in which the Font Software may be converted. You further acknowledge and agree that the
following are examples of prohibited derivative works: (1) If the Font Software is PostScript Type 1 font
software, you may not convert the Font Software into TrueType, OpenType, or any other format
existing now or in the future; (2) If the Font Software is TrueType font software, you may not convert
the Font Software into Type 1, OpenType, or any other format existing now or in the future; (3) You
may not create additional characters, accents, symbols or typeface weights (e.g. italics, extrabold, etc.)
from the Font Software or any portion of it.
Transfer; Service Bureaus. You may not rent, lease, sublicense, distribute, lend nor transfer the Font
Software, or any copy or portion of the Font Software, without Berthold’s prior written consent. You
may send a copy of the Font Software, or any portion of the Font Software, used in a particular
document, to a commercial printer or service bureau to enable the editing or printing of such
documents, provided that the commercial printer or service bureau has a valid license to use the Font
Software.
No Other Use. You are granted only the rights expressly stated in this Agreement, and you may not
use the Font Software for any other use. Without limitation, below are examples of uses that are NOT
permitted under this Agreement and require purchase of a separate license from Berthold: (1) You
may not share the Font Software with other business entities (e.g. your advertising agency, dealer,
subsidiary, parent company, service bureau, etc.); (2) You may not use the Font Software on more than
the permitted number of Licensed Computers; (3) You may not use the Font Software at more than
one physical location; (4) You may not change the name of the Font Software; (5) You may not
embed the Font Software into your hardware, software, other products, or web pages; (6) You may not
embed the Font Software into editable documents for use on computers that are not Licensed
Computers; (7) You may not convert the Font Software into other formats (e.g. OpenType) or translate
the Font Software into other platforms (e.g. UNIX).
Termination. The license rights granted under this Agreement will immediately and automatically
terminate without notice if you fail to comply with any term or condition of this Agreement. Upon
termination, you must destroy all copies of the Font Software. The balance of the Agreement shall
survive any such termination of license rights.
Limited Warranty For a period of 90 days after delivery, Berthold warrants that the Font Software will
substantially perform as outlined in the user documentation in effect at the time of the
commencement of this license. Berthold will correct substantial malfunctions occurring during this
warranty period provided that such malfunctions are reproducible, your product is properly registered,
and you give immediate notice and sufficient detail of such malfunctions to Berthold. Such corrections
generally will be incorporated into new revisions of the Font Software, or until the release of such new
revisions into temporary versions, at Berthold’s discretion. The correction may also be achieved by
delivery of new versions of the Font Software in which case the warranty does not cover such
additional functionality and performance. Berthold will have no responsibility in the event you fail to
provide proof you licensed the Font Software from an authorized Berthold source.
Disclaimer; No Refunds. EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING PARAGRAPH,
THE FONT SOFTWARE IS PROVIDED “AS IS.” BERTHOLD DOES NOT AND CANNOT WARRANT
THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY WHICH MAY
NOT BE LIMITED OR EXCLUDED BY LAW APPLICABLE IN YOUR JURISDICTION, BERTHOLD
MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR
IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO
OTHER MATTERS, INCLUDING WITHOUT LIMITATION, NON INFRINGEMENT OF THIRD PARTY
RIGHTS, TITLE, INTEGRATION, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE. Your license for the Font Software is nonreturnable and
nonrefundable.
Damages Limitations. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL
BERTHOLD BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL
DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE
THE FONT SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY
(CONTRACT, TORT OR OTHERWISE) AND EVEN IF BERTHOLD HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Berthold’s cumulative liability for any
loss or damage to you (other than as may be required by applicable law in cases involving personal
injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the
above-stated remedy fails of its essential purpose.
Business or Organization End Users Only. The term "internal business use" does not include use by:
(a) individuals who are not your employees or authorized agents; or (b) your employees or authorized
agents who are not using the Font Software on a Licensed Computer at the Licensed Location. You
agree to notify your employees and authorized agents of the terms and conditions of this Agreement,
and all such persons shall agree to be bound by this Agreement before they are given access to the
Font Software.
If you are licensing the Font Software for business use, you further agree that, within 30 days of receipt
of a written request from Berthold, you will fully document and certify that use of any and all Berthold
font software in your possession at the time of the request conforms with your license(s) from Berthold.
U.S. Government End Users Only. The Font Software you are licensing consists of commercial
computer software programs developed exclusively at private expense. It is published and copyrighted,
and therefore "restricted computer software" under FAR 52.227-19(c) (June 1987). Use, duplication,
and disclosure by civilian agencies of the U.S. Government shall be in accordance with FAR
52.227-19(c) (June 1987).
Governing Law. This Agreement is governed by the laws of Illinois, U.S.A., excluding conflict of laws
provisions and excluding the United Nations Convention on Contracts for the International Sale of
Goods. You expressly agree that any disputes related to this Agreement will be resolved in the Circuit
Court of Cook County, Illinois, U.S.A., or the United States District Court for the Northern District of
Illinois, U.S.A., and you consent the to personal jurisdiction and venue of those courts. If any part of
this Agreement is found void and unenforceable the balance of the Agreement will remain valid and
enforceable according to its terms.
This Agreement represents the entire agreement between you and Berthold in connection with its
subject matter. This Agreement supersedes any other "Berthold End User License Agreement" which
may be included with the Font Software or previously displayed on this web site, and/or any prior
agreements between you and Berthold in connection with its subject matter. This Agreement may only
be modified by Berthold in a writing that expressly states that such writing is intended to modify this
Agreement.
Contacting Berthold. Berthold Direct Corp. is an Illinois corporation with a mailing address of 47 W.
Polk St. #100-175, Chicago, Illinois 60605, U.S.A. All support requests, completed registrations and
other inquiries should be sent via e-mail to registration@bertholdtypes.com.
June 2003
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