NOTICE TO USER: THIS IS A CONTRACT BETWEEN YOU AND HERMESSOFT COMPANY (EXCEPT FOR CORPORATE LICENSES, WHERE ANOTHER DOCUMENT SUPPLEMENTS THIS ONE). BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
The following contract sets forth HermesSOFT Company's ("HermesSOFT") End User License Agreement for the accompanying HermesSOFT product. You must read this Agreement carefully before indicating your acceptance at the end of the text of this Agreement. If you do not agree with the terms and conditions of this Agreement, you will not be able to use the Software, and you may obtain a full refund by contacting HermesSOFT within 15 days with your proof of payment.
This Agreement is accompanied by software ("Software"), including digitally encoded machine readable outline font software and other software which is encrypted to prevent its use unless you purchase an access code from HermesSOFT, and related explanatory written materials ("Documentation"). The term "Software" shall also include any upgrades, modified versions, updates, additions and copies of the Software licensed to you by HermesSOFT. HermesSOFT grants to you a non-exclusive license to use the Software and Documentation, provided that you agree to the following:
Use of the Software.
Notwithstanding anything else in this Agreement, you acknowledge that although Type Library contains Software for a number of typefaces and other product(s), you agree that you will use, and that the licenses set forth below apply to, only that Software which has not been encrypted or for which you have received access codes from HermesSOFT.
With respect to all Software your license is as follows:
• Install the Software in a single location on a hard disk or other storage device of up to the respective number of computers indicated at the beginning of this Agreement corresponding with the particular HermesSOFT product to which the license applies (the respective "Permitted Number of Computers").
• Provided the Software is configured for network use, install and use the Software on a single file server for use on a single local area network for either (but not both) of the following purposes;
(1) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or
(2) use of the Software over such network, provided the number of different computers on which the Software is used does not exceed the Permitted Number of Computers. For example, if there are 100 computers connected to the server, with no more than fifteen computers ever using the Software concurrently, but the Software will be used on 25 different computers at various points in time, the Permitted Number of Computers for which you need a license is 25.
• The primary user of each computer on which the Software is installed or used may also install the Software on one home or portable computer. However, the Software may not be used on the secondary computer by another person at the same time the Software on the primary computer is being used.
• Make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may use the font software as described above on the Permitted Number of Computers and may output such font software on any output devices connected to such computers.
In addition, you may
• Download the font software to the memory (hard disk or RAM) of one output device connected to at least one of the computers on which the font software is installed for the purpose of having such font software remain resident in the output device.
• Take a copy of the font(s) you have used for a particular file to a commercial printer or other service bureau, and such service may use the font(s) to process your file, provided such service bureau has informed you that it has purchased or been granted a license to use that particular font software.
• Convert and install the font software into another format for use in other environments, subject to the following conditions: A computer on which the converted font software is used or installed shall be considered as one of your Permitted Number of Computers. You agree that use of the font software you have converted shall be pursuant to all the terms and conditions of this Agreement, that such font software may be used only for your own customary internal business or personal use and that such font software may not be distributed or transferred for any purpose, except in accordance with "Tansfer" section below.
The Software is owned by HermesSOFT, and its structure, organization, and code are the valuable trade secrets of HermesSOFT. The Software is also protected by the Copyright Laws and International Treaty provisions. You must treat the Software just as you would any other copyrighted material such as a book. You may not copy the Software or the Documentation, except as set forth in the "Use of the Software" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices which appear on or in the Software. Except for font software converted to other formats as permitted in the "Use of the Software" section, you agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of 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. Except as stated above, this Agreement does not grant you any rights to intellectual property rights in the Software.
You may not rent, lease, sublicense, or lend the Software or Documentation. You may, however, transfer all your rights to use the Software to another person or legal entity provided that you transfer this Agreement and transfer (or destroy), the Software, including all copies, updates and prior versions and all copies of font software converted into other formats, and all Documentation to such person or entity and provided that you retain no copies, including copies stored on a computer.
Multiple Environment Software/ Multiple Language Software/ Dual Media Software/Multiple Copies
If the Software accompanying this Agreement includes, or, in connection with the acquisition of the Software accompanying this Agreement you receive, two or more operating environment versions of the Software (e.g. Macintosh and Windows), two or more language translation versions of the Software, the same Software on two or more media (i.e., diskettes and a CD-ROM), and/or you otherwise receive two or more copies of the Software, the total aggregate number of computers on which all versions of the Software are used may not exceed the Permitted Number of Computers. You may make one back-up copy, in accordance with the terms of this Agreement, for each version of the Software you use. You may not loan, rent, lease or transfer versions or copies of the Software you do not use, or Software contained on any unused media, except as part of the permanent transfer of all Software and Documentation as described above. If you acquire an upgrade or update for Software, you may use the previous version for ninety (90) days after you receive the new version in order to assist you in the transition to the new version, after which time you no longer have a license to use the previous version, and all copies thereof, including copies installed on computers, must be destroyed.
HermesSOFT 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. This warranty does not apply to font software converted into other formats. To make a warranty claim, you must return the Software to the location where you obtained it along with a copy of your sales receipt within such ninety (90) day period.
HERMESSOFT 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 HERMESSOFT’S OR ITS SUPPLIERS’ BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, HERMESSOFT AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Some states, or countries, or jurisdictions do not allow the exclusion 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 which vary from state to state or jurisdiction to jurisdiction.
Limitation of Liability
IN NO EVENT WILL HERMESSOFT OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A HERMESSOFT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitations may not apply to you.
Governing Law and General Provisions
HermesSOFT, HermesSOFT Logo are trademarks of HermesSOFT Company which may be registered in certain jurisdictions. Macintosh is a registered trademark of Apple Computer, Inc. Windows is a registered trademark of Microsoft Corporation.
©2006 HermesSOFT Company. All Rights Reserved.