Dunwich Type Founders Trial Use License Agreement
Version 1.0
Within this agreement the term “fonts” shall refer to the font or fonts downloaded by you from Dunwich Type Founders.
This Agreement, in conjunction with the receipt for purchase of the fonts, and any addenda, contain the entire agreement of the parties with respect to the subject matter of this Agreement, and supersede all prior negotiations, agreements and understandings with respect thereto. This Agreement may only be amended by a written document duly executed by all parties.
1. Allowed uses
This license allows only Trial Use of the fonts. No other use is permitted. “Trial Use ” is defined as follows:
I. Testing the fonts for suitability before purchasing a license. You may use the fonts internally to determine if the fonts suit your needs. You must purchase a license before the final project is printed, deployed on a web site, embedded in software, or the fonts are used to create a product.
II. Use by a student in school projects. A student may use the fonts in any project that is part of a course or extra-curricular activity. Students must purchase a license before using the fonts for any project that is not part of a school project.
III. Use in not-for-profit school computer labs. Not-for-profit schools may install the fonts on computers for student use. For-profit schools must purchase a license to install the fonts on their computers.
2. Number of Users and Font Management Servers
I. In a business a maximum of five simultaneous users may use the fonts. Every computer the fonts are installed on constitutes one user. A computer includes, but is not limited to, desktop computers, laptop computers, tablet computers, smart phones, and server computers.
II. A student may install the fonts on one computer.
III. A not-profit school may install the fonts on any number of computers provided the fonts are only for student use.
3. Redistribution
You may only redistribute the fonts as follows:
I. To make the fonts available to a client or business partner to test for suitability before purchasing a license.
II. Teachers may distribute the fonts to students for use in class projects.
4. Electronic Document Embedding and Linking
You may not make the font available via the internet either by linking or embedding except as specified below. “Embedding“ and “linking” include, but are not limited to, Typeface.JS, Cufón, sIFR, and directly linking to the font for use with the CSS @Font-Face tag.
I. You may only embed the font into an electronic document, such as a PDF file or ebook, for the purpose of internal testing. Student users may distribute such files provided that document allows no editing and is not a commercial product.
II. You may only embed the font into into software or electronic devices for the purpose of internal testing. Student users may distribute such files provided that document allows no editing and is not a commercial product.
II. You may embed the font into a web site using Flash only for the purpose of internal testing.
IV. You may only use the font with software that automatically generates bitmap or vector images, such as Typeface.JS, Cufón, sIFR, and FLIR for the purpose of internal testing.
V. You may convert the font to EOT, SVG, or WOFF format only for the purpose of internal testing.
5. Modifications, Alterations and Derivative Works
You may not alter, modify, adapt, translate, or create derivative works based on the licensed font itself. That goes for you too, students. Don’t chop up my work and stick it in your portfolio as a custom typeface.
6. Copyright
The font and the accompanying materials are copyrighted and contain proprietary information and trade secrets belonging to Dunwich Type Founders. Unauthorized copying of the Product even if modified, merged, or included with other software, or of the written materials, is expressly forbidden. You may be held legally responsible for any infringement of Dunwich Type Founders intellectual property rights that is caused or encouraged by your failure to abide by the terms of this Agreement.
7. Termination
This Agreement is effective until terminated. This Agreement will terminate automatically without notice from Dunwich Type Founders or the reseller if you fail to comply with any provision contained herein. Upon termination, you must destroy the written materials, the Product, and all copies of them, in part and in whole, including modified copies, if any.
8. Product Upgrades
Dunwich Type Founders may, from time to time, update the Product. Product upgrade pricing may apply.
9. Disclaimer and Limited Warranty
Dunwich Type Founders warrants the Product to be free from defects in materials and workmanship under normal use for a period of twenty one (21) days from the date of delivery as shown on your receipt. Dunwich Type Founders’ entire liability and your exclusive remedy as to a defective product shall be, at Dunwich Type Founders’ option, either return of purchase price or replacement of any such product that is returned to Dunwich Type Founders with a copy of the invoice. Dunwich Type Founders shall have no responsibility to replace the product or refund the purchase price if failure results from accident, abuse or misapplication, or if any product is lost or damaged due to theft, fire, or negligence. Any replacement product will be warranted for twenty one (21) days. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE PRODUCT, IS PROVIDED “AS IS”. DUNWICH TYPE FOUNDERS MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The entire risk as to the quality and performance of the Product rests upon you. Neither Dunwich Type Founders nor the reseller warrants that the functions contained in the Product will meet your requirements or that the operation of the software will be uninterrupted or error free.
DUNWICH TYPE FOUNDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT EVEN IF DUNWICH TYPE FOUNDERS OR THE RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
10. Governing Law
This agreement shall be interpreted under the laws of the State of Colorado. Any litigation under this agreement shall be resolved in the trial courts of Boulder County, State of Colorado.