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This End User License Agreement is a legal contract between you and Manfred Schlaier. When you purchase a font, you are purchasing the right to use the font under certain conditions. It is important that you read this Agreement carefully because it defines these conditions, as for example the acceptable uses of the font.
If you believe that your need is not addressed with the present License Agreement, please do not hesitate to contact the Licensor.
END USER LICENSE AGREEMENT
regarding a font software
between
You, the purchaser of the font software (hereinafter referred to as “Licensee”)
and
Manfred Schlaier, Beethovenstraße 24, 89073 Ulm / Germany (hereinafter referred to as “Licensor”)
1. Object of the Agreement
According to the present Agreement Licensor has agreed with Licensee to grant Licensee a license to use and exploit the font software subject to the following terms and conditions.
2. Permitted Uses and Restrictions
(1) Licensor provides Licensee the software as OpenType font-files. The characteristics, configuration and applicability of the software are defined in the documentation on the website www.manneschlaier.com (see in particular the system requirements mentioned in the documentation).
(2) Licensee may install and use the software on two of its own computers and two of its own mobile devices (such as for example an iPad or iPhone).
(3) The license is non-exclusive and non-transferable.
(4) Licensee may make a reasonable number of copies of the font software for back-up purposes only.
(5) Embedding of the fonts into digital documents, web pages or other digital publications is permitted only in a secured, read-only mode. Read-only means that you must ensure that recipients of digital documents cannot extract, install or use the embedded fonts. It is thus - inter alia - prohibited to embed the fonts in ebooks, apps and computer games and/or to install the software on servers for use in computer networks.
(6) Licensee may create outline artworks based upon the font software for its personal or business use. However, the use of any font creation or font manipulation program or any attempt to modify the font for the purposes of creating a usable or substitute version of the font is prohibited. Under no circumstances Licensee may modify, adapt, translate, reverse engineer, decompile, disassemble, alter or otherwise attempt to discover the source code of the font software. Any modifications made to the vector outlines shall be considered derivative works and their use governed by the terms and conditions of this Agreement. Licensee further agrees not to commission or authorize any third party to undertake modifications to the fonts without prior written consent of the Licensor.
3. Warranty
(1) Licensor warrants that the software provided by it is substantially in accordance with the product description on the website www.manneschlaier.com (= documentation). Product descriptions shall not be deemed guaranteed unless separately agreed in writing.
(2) Licensor warrants that the software provided by it shall be free from third party rights, which prevent the use in accordance with the contract.
(3) Any claims for damages are subject to the limitations set forth in No. 5 of this Agreement.
4. Refund Policy
Licensor is offering a detailed description and free trial fonts without any time restrictions enabling customers extensive tests before purchasing a license. Therefore, it is assumed that Licensee has reviewed the font software and used a trial version and is satisfied with its quality before effecting actual purchase of said software. With knowledge of the above, no refund/return request should be solicited by the Licensee on such basis. The software is non-refundable. The software can be exchanged at no extra charge to Licensee only if it is found to be defective and Licensor is informed within seven days of purchase.
5. Liability
Licensor shall be liable under the terms of this Agreement only in accordance with the provisions set out in the following:
(a) Licensor shall be unrestricted liable for losses caused intentionally or with gross negligence by Licensor or its legal representatives.
(b) Licensor shall be liable for losses arising from the lack of any warranted characteristics up to the amount which is covered by the purpose of the warranty and which was foreseeable for Licensor at the time the warranty was given.
(c) Licensor shall be liable for loss of data only up to the amount of typical recovery costs which would have arisen had proper and regular data backup measures been taken.
(d) Any more extensive liability of Licensor is excluded on the merits.
6. Final Provisions
(1) Amendments or additions to this Agreement must be made in writing to be effective. This shall also apply to amendments of this written form requirement.
(2) This Agreement shall be governed by the laws of the Federal Republic of Germany except for the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods dated 11.04.1980).
(3) The courts for Licensor`s registered office shall have exclusive jurisdiction over all disputes under and in connection with this Agreement, provided that Licensee is a merchant within the meaning of the German Commercial Code or if upon the commencement of legal proceedings, Licensee has no place of business or ordinary residence in the Federal Republic of Germany.
(4) Should any provision of this Agreement be or become invalid, this shall not affect the validity of the remaining terms. The parties shall in such an event be obliged to cooperate in the creation of terms which achieve such legally valid result as comes closest commercially to that of the invalid provision. The above shall apply accordingly to the closing of gaps in the Agreement.