Outras Fontes End User License Agreement


Desktop Licence

FONT SOFTWARE END USER LICENSE AGREEMENT

By purchasing a desktop license of any Font Software made by Ricardo Esteves Gomes, a.k.a. Outras Fontes Foundry, you hereby agree to the following:

1. Binding Agreement. You are bound by the Agreement and you acknowledge that all use of the Font Software supplied to you by Outras Fontes Foundry for the purposes set forth under this Agreement is governed by this Agreement.

2. License Grant. You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to install, access and Use the Font Software (i) only in a Licensed Unit, (ii) only for your Personal or Internal Business Use, and (iii) only subject to all of the terms and conditions of the Agreement. Outras Fontes Foundry reserves all rights not expressly granted to you in this Agreement.

3. Embedding Font Software and Representations of Typeface and Typographic Designs and Ornaments. You may embed the Font Software only into an electronic document that (i) is not a Commercial Product, (ii) is distributed in a secure format that does not permit the extraction of the embedded Font Software, and (iii) in the case where a recipient of an electronic document is able to Use the Font Software for editing, only if the recipient of such document is within your Licensed Unit. You may embed static graphic images into an electronic document, including a Commercial Product, (for example, a "gif") with a representation of a typeface and typographic design or ornament created with the Font Software as long as such images are not used as a replacement for Font Software, (i.e. as long as the representations do not correspond to individual glyphs of the Font Software and may not be individually addressed by the document to render such designs and ornaments.)

4. Server Use. The Font Software may not be installed or Used on an internal or external (i.e., internet accessed) server unless all Workstations that can access such server are part of a Licensed Unit.

5. Commercial Printers. You may embed the Font Software in an electronic document solely for print and view and provide such electronic document to a commercial printer for printing only. You may take a copy of the Font Software used for a particular document to a commercial printer provided that the printer represents to you that it has been granted a license to use that particular Font Software.

6. Alterations to the Font Software. You may not alter the Font Software for the purpose of adding any functionality that such Font Software did not have when delivered to you by Foundry. If the Font Software contains embedding bits that indicate that the Font Software is only authorized for certain purposes, you may not change or alter the embedding bits.

7. Transfer of the Font Software. You may not rent, lease, sublicense, give, lend, or further distribute the Font Software, or any copy thereof. If you are a business or organization, you agree that in case of a reasonable doubt with regard to the proper use of the Font Software within your organization, upon request from Foundry or its authorized representative, you will within thirty (30) days fully document and certify that use of any and all Font Software at the time of the request is in conformity with your valid licenses from Outras Fontes Foundry.

8. Copies. You may not copy the Font Software, except as expressly provided herein. You may make a reasonable number of back-up copies of the Font Software for archival purposes only, and you shall retain exclusive custody and control over such copies. Any copies that you are expressly permitted to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Font Software. Upon termination of the Agreement, you must destroy the original and any and all copies of the Font Software.

9. Intellectual and Industrial Property Rights.

• You agree that the Font Software is protected by the copyright law and other intellectual and industrial property rights of the United States and its various States, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties. You agree to treat the Font Software as you would any other copyrighted material.

• You agree that Foundry 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. You agree that the Font Software, its structure, organization, code, and related files are valuable property of Foundry or its third party licensors 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.

• You agree not to adapt, modify, alter, translate, convert, or otherwise change the Font Software, or to create Derivative Works from the Font Software or any portion thereof. You further agree not to use the Font Software in connection with software and/or hardware which create Derivative Works of such Font Software.

• You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or instructions of the Font Software, provided, however, that if you are located in a European Community member country or any other country which provides rights materially similar to the rights set forth in this provision, you may reverse engineer or decompile the Font Software only to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purpose and only to the extent that sufficient information is not provided in a timely manner free of charge by Foundry upon written request.)

10. Trademarks. You agree to use trademarks associated with the Font Software according to accepted trademark practice, including identification of the trademark owner's name. Trademarks can only be used to identify printed output produced by the Font Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit of Foundry. You may not change any trademark or trade name designation for the Font Software. Nothing contained herein shall be deemed as granting you a license to use any trademark or trade names associated with the Font Software.

11. Limited Warranty. Foundry warrants to you that the Font Software will perform substantially in accordance with its documentation for the thirty (30) day period following delivery of the Font Software. To make a warranty claim, you must, within the thirty (30) day warranty period, contact Foundry and provide sufficient information regarding your acquisition of the Font Software so as to enable Foundry to verify the existence and date of the transaction. The entire, exclusive and cumulative liability and remedy shall be that Outras Fontes Foundry will use commercially reasonable efforts to cause the Font Software to conform to the documentation as soon as commercially practicable. FOUNDRY DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE.

12. Termination. Upon failure by you to comply with the terms of this Agreement, Outras Fontes Foundry shall be entitled to terminate this Agreement upon notice by regular mail, telefax or email. The termination of the Agreement shall not preclude Outras Fontes Foundry from suing you for damages of any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Outras Fontes Foundry.

13. Definitions.

"Basic Licensed Unit" means up to five (5) Workstations connected to no more than one (1) printer with a non-volatile memory (for example, a hard drive). If you intend to use the Font Software on more equipment than permitted by a Basic Licensed Unit, you must create an Expanded Licensed Unit by obtaining from Foundry through www.myfonts.com, for an additional fee, a license extension for all such equipment.

"Commercial Product" means an electronic document or data file created by Use of the Font Software which is offered for distribution to the general public (or to some subset of the general public) as a commercial product or other result of your business activity.

"Derivative Work" means binary data based upon or derived from Font Software (or any portion of the Font Software) in any form in which such binary data may be recast, transformed, or adapted including, but not limited to, binary data in any format into which Font Software may be converted.

"Expanded Licensed Unit" means the number of Workstations and/or printers with a non-volatile memory contained in your Licensed Unit as agreed between you and Outras Fontes Foundry.

"Font Software" means software or instructions which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Font Software shall include all bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. Font Software includes upgrades or updates (each of which may be provided to you by Outras Fontes Foundry in its sole discretion), related files, permitted modifications, permitted copies, and related documentation.

"Licensed Unit" means a Basic Licensed Unit or an Expanded Licensed Unit as is appropriate to the context in which the term is used.

"Personal or Internal Business Use" means Use of the Font Software for your customary personal or internal business purposes and shall not mean any distribution whatsoever of the Font Software or any component thereof. “Personal or Internal Business Use” shall include Use of the Font Software within your Licensed Unit by persons that are members of your immediate household, your authorized employees, or your authorized agents.

"Use" of the Font Software shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software, regardless of the location in which the Font Software resides. “Use” of the Font Software shall also occur when the software or instructions are executed.

"Workstation" means a hardware component in which an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software or implement the Font Software, regardless of the location in which the Font Software resides.




Webfont Licence

FONT SOFTWARE END USER LICENSE AGREEMENT

By purchasing a webfont license of any Font Software made by Ricardo Esteves Gomes, a.k.a. Outras Fontes Foundry, you hereby agree to the following:

1. Binding Agreement. You are bound by the Agreement and you acknowledge that all Use of the Licensed Web Fonts is governed by the Agreement.

2. License Grant. The Licensed Web Fonts are licensed, not sold, to you for Use only under the terms of this Agreement. Outras Fontes Foundry, as the licensor, reserves all rights not expressly granted to you. You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to Use the Licensed Web Fonts on Websites, using the @font-face selector in CSS files, subject to all of the following:

• You may not link to, nor put online, any version of a Licensed Web Font not supplied in a Web Font Kit.

• The comments, showing copyright and other legal information provided in the sample HTML/CSS/Javascript files, for each Licensed Web Font must be retained in your working Website code.

• The Licensed Web Fonts may be used on any Website owned or controlled by you (subject to the next bullet point). The total traffic, measured in page views, of all Websites Using a Licensed Web Font must be no greater than the number of page views specified. Businesses or organizations such as advertising agencies, web design agencies or hosting providers that are responsible for multiple clients' Websites must enter into separate Agreement's for each client Website.

• The Licensed Web Fonts may be used in a Website where visitors produce Styled Content by directly or indirectly selecting a Licensed Web Font and entering or editing content using that Licensed Web Font, if and only if the Website does not enable or facilitate the Styled Content being used outside the Website. Examples of using Styled Content outside of a Website include but are not limited to producing merchandise, PDF documents, image files, or personalized physical objects using the Styled Content.

• You may not use conversion or editing tools on the Licensed Web Fonts.

• Use of the Licensed Web Fonts with technologies other than @font-face, such as sIFR, Cufón or Typeface.js, is not allowed.

• You must retain the page view tracking code, as supplied in the Web Font Kit, on all Websites that Use the Licensed Web Fonts. You shall identify all Licensed Web Fonts to visitors of Websites only by the Licensed Web Font's original name and in accordance with accepted trademark practice, including identification of the trademark owner's name. The Website's font selection user interface must display the Licensed Web Font's original name(s) and cite the source of the Licensed Web Font. You will only use the Licensed Web Font's original name(s) to identify a Licensed Web Font which effects a faithful reproduction of the underlying font and which is of a quality sufficient to meet industry typographic quality standards.

3. Intellectual and Industrial Property Rights. You agree that the Licensed Web Fonts are protected by the copyright law and other intellectual and industrial property rights of the United States of America and its various States, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties. You agree to treat the Licensed Web Fonts as you would any other copyrighted material. You may not copy the Licensed Web Fonts, except as expressly provided herein. You agree not to adapt, modify, alter, translate, convert, or otherwise change the Licensed Web Fonts, or to create Derivative Works from the Licensed Web Fonts or any portion thereof. You further agree not to use the Licensed Web Fonts in connection with software and/or hardware which create Derivative Works of the Licensed Web Fonts. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or instructions of the Licensed Web Fonts. You agree that Outras Fontes Foundry, or its third party licensors, owns all right, title and interest in and to the Licensed Web Fonts, their structure, organization, code, and related files, including all intellectual and industrial property rights therein such as copyright, design and trademarks rights. You agree that the Licensed Web Fonts, their structure, organization, code, and related files are valuable property of Outras Fontes Foundry or its third party licensors and that any intentional or negligent Use of the Licensed Web Fonts not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights.

You agree to use trademarks associated with the Licensed Web Fonts according to accepted trademark practice, including identification of the trademark owner's name. The use of any trademark authorized herein does not give you any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit of MyFonts. You may not change any trademark or trade name designation for the Licensed Web Fonts.

4. Warranty; Limitation of Liability. Outras Fontes Foundry warrants to you that the Licensed Web Fonts will perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the '@font-face rule' specified in the cascading style sheets ("CSS") specification set forth on the http://www.W3.org website as of the date of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s). To make a warranty claim, you must, within the twenty-one (21) day warranty period, contact Outras Fontes Foundry with sufficient information regarding your licensing of the Licensed Web Font(s) so as to enable Outras Fontes Foundry to verify the existence and date of the license. If the Licensed Web Font(s) do not perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the '@font-face rule' specified in the cascading style sheets ("CSS") specification set forth on the http://www.W3.org website as of the date you agree to be bound by this Agreement, the entire, exclusive, and cumulative liability and remedy shall be limited to the refund of the license fee you paid to MyFonts to obtain delivery of the Licensed Web Font(s). OUTRAS FONTES FOUNDRY DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED WEB FONT(S).

5. Transfer of the Licensed Web Fonts. You may not rent, lease, sublicense, give, lend, or further distribute the Licensed Web Font(s), or any copy thereof, except as expressly provided herein. You may transfer all its rights to use the Licensed Web Font(s) to another person or legal entity provided that (i) the transferee accepts and agrees to be bound by all the terms and conditions of this Agreement, and (ii) you destroy all copies of the Licensed Web Font(s), including all copies stored in the memory of a hardware device. If you are a business or organization, you agree that in case of a reasonable doubt with regard to the proper Use of the Licensed Web Font(s) within your organization, upon request from MyFonts or its authorized representative, you will, within thirty (30) days, fully document and certify that the Use of any and all Licensed Web Fonts licensed by you from MyFonts at the time of the request is in conformity with your valid licenses from MyFonts.

6. Copies. You may make one back-up copy of the Licensed Web Font(s) for archival purposes only, and you shall retain exclusive custody and control over such copy. Any copies that you are expressly permitted to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Licensed Web Font(s). Upon termination of Agreement, you must destroy the original and any and all copies of the Licensed Web Font(s).

7. Termination. Upon failure by you to comply with the terms of the Agreement, Outras Fontes Foundry shall be entitled to terminate the Agreement upon notice by regular mail, paid carrier, telefax or email/textform. The termination of the Agreement shall not preclude MyFonts from suing you for damages for any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Outras Fontes Foundry.

8. Definitions:

"Derivative Work" means binary data based upon or derived from the Licensed Web Font(s) (or any portion of the Licensed Web Font(s)) in any form in which such binary data may be recast, transformed, or adapted including, but not limited to, binary data in any format into which the Licensed Web Font(s) may be converted.

"Licensed Web Fonts" means those fonts optimized for use on the Web, either individually or collectively, that you license from Outras Fontes Foundry.

"Styled Content" means any content produced on a Website by a visitor to such Website through Use of the Licensed Web Fonts.

"Use" of the Licensed Web Fonts shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Licensed Web Fonts, regardless of the location in which the Licensed Web Fonts resides. "Use" of the Licensed Web Fonts shall also occur when the software or instructions are executed.

"Web Font Kit" means a repository for the bundling of Licensed Web Fonts for Use on a Website. A Web Font Kit shall contain page view tracking code which must be retained by you and placed on all Websites which Use any Licensed Web Fonts.

"Website(s)" means a web site or web sites (i.e., a collection of web pages, images, videos or other digital assets that are hosted on one or more web servers, accessed from a common root Uniform Resource Identifier (URI)) which: (i) Uses or accesses the Licensed Web Font(s) in its web pages, (ii) does not in any way enable the permanent installation of the Licensed Web Font(s) by Website visitors on any printer or display which displays a screen image created by Use of or access to the Licensed Web Font(s), and (iii) reasonably restricts access to Licensed Web Font(s) from Use or access by web pages or any document not originating from such Websites.