Siegmund Motter
End user license agreement
Notice to user: This is a contract. By opening this package you accept all the terms and conditions set forth below. If you do not wish to be bound by such terms and conditions, you must return this package, unopened, to Siegmund Motter or to the location where you obtained it. This package contains software („Software“) and related documentation („Documentation“). As used herein, „Licensed Unit“ means up to five (5) computers at a single geographic location. As used herein, „Font Software“ means coded and encrypted Software that generates typeface designs when used with the appropriate hardware and software. Siegmund Motter grants you a non-exclusive license to use the Software and Documentation, provided that you agree to the following:
1. You may install and use Font Software in a Licensed Unit for the purpose of reproducing typeface designs. If the number of computers with which you want to use Font Software exceeds those set forth in the definition of Licensed Unit above, then you must notify Siegmund Motter or your local distributor and request an appropriate site license covering all units in which Font Software will be used or stored and for which an additional fee will be charged. You may make one back-up copy of Font Software for archival purposes only, and you shall retain exclusive custody and control over such copy.
The license granted herein is effective until terminated. Siegmund Motter has the right to terminate your license immediately if you fail to comply with any term of this Agreement. Upon termination, you must destroy the original and any copies of the Software and Documentation.
2. You may take a digitized copy of the Font Software used for a particular document to a commercial printer or service bureau for use by the printer or service bureau in printing such document but only if the printer or service bureau represents to you that it has purchased or been granted a license to use that particular Font Software. You may include the Font Software in a document for the sole purpose of printing or viewing such document, but you may not distribute the document with the Font Software included to third parties, eg. on Internet, CD-ROM. If you intend to use the Font Software in such cases you must request and receive from Siegmund Motter or your local distributor a special License Agreement for which an additional fee will be charged.
3. You agree that the Software, and all copies thereof, are owned by Siegmund Motter and/or its suppliers, and its structure, organisation and code are the valuable trade secrets of Siegmund Motter and/or its suppliers. You acknowledge that the Software is protected by the United States Copyright Law, by the copyright and design laws of other nations, and by international treaties. You agree to treat the Software as you would any other copyrighted material, such as a book. You may not copy the Software or Documentation, except as expressly provided herein. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or otherwise attempt to discover the source code of the Software. You agree to use trademarks associated with the 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 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 the trademark owner. Except as expressly provided herein, this Agreement does not grant you any right to intellectual property rights in the Software and its associated trademarks. You do not have the right to modify and alter Font Software for your customary personal and business use, not for resale or further distribution. You need a written permission of Siegmund Motter to modify and alter Font Software for any custom use. Please ask Siegmund Motter for an offer to modify fontssoftware.
4. You may not rent, lease, sublicense, give, lend, or further distribute the Software or Documentation, or any copy thereof, except as expressly provided herein. You may transfer all your rights to use the Software and Documentation to another person or legal entity provided that the transferee accepts and agreees to be bound by all the terms and conditions of this Agreement, and you destroy all copies of the Software and Documentation, including all copies stored in the memory of a hardware device. Without limiting the generality of the foregoing, you agree that you will not distribute or disseminate all or any part of the Software through any online service and you further agree that any such intentional distribution shall constitute a theft by you of a valuable property of Siegmund Motter and/or its suppliers.
5. Siegmund Motter warrants to you that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following your receipt of the Software. To make a warranty claim, you must return the Software to the location from which you obtained it along with a copy of your sales receipt within such ninety (90) day period. If the Software does not perform substantially in accordance wih the Documentation, the entire and exclusive liability and remedy shall be limited to either, at Siegmund Motter’s option, the replacement of the Software or the refund of the license fee you paid for the Software. Siegmund Motter and its suppliers do not and cannot warrant the performance or results you may obtain by using the software or documentation. The foregoing states the sole and exclusive remedies for Siegmund Motter’s or its suppliers breach of warranty. Except for the foregoing limited warranty, Siegmund Motter and its suppliers make no warranties express or implied, as to non-infringement of third party rights, merchantibility, or fitness for any particular purpose. In no event will Siegmund Motter or its suppliers be liable to you for any consequential, incidental or special damages, including any lost profits or lost savings, even if a Siegmund Motter representative has been advised of the possibility of such damages, or for any claim by any third party. Some states of jurisdiction do not allow the exclusions or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction.
6. You agree that this Agreement will be governed by the laws of Austria applicable to contracts wholly performable within such state. This agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any applicable export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Siegmund Motter. Place of jurisdiction is Vienna, Austria. Only the German original version of the Enduser licence agreement is legally binding. Additional Siegmund Motter PDF Font Embedding EULA (End User Licensing Agreement) Licence Order of 500+ CPU multi user licenses automatically come with an additional PDF Font Embedding Licence. This will allow you to embed fonts into a PDF document. Hoever, it does not grant permission to embed fonts at 100 %. Permission to embed fonts into PDF forms is also excluded, as is embedding PTL typefaces into any media editions, be they intended for redistribution or as freely available media. If you need to embed one or more of our fonts into media intended for redistribution you will require an additional licence. We will be happy to make you an offer. Any additional licence will be bound by the conditions as set forth in our EULAs.
April 2012
www.motterfonts.com, office(at)motter.at