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Emigre Fonts Software License Agreement

By downloading and/or installing Emigre Fonts software you agree to the following terms:

1. The Emigre Font Software is licensed for use at one (1) location with a maximum of six (6) devices. For example: five (5) CPUs and one (1) printer.

2. Use of the Emigre Font Software at more than one (1) location or with more than six (6) devices requires a Multi-Device Site License upgrade. To determine the number of devices, add up all CPUs, workstations, printers, and other devices that use the fonts. A device may be, but is not limited to, a printer, rasterizer, video display terminal, CPU, workstation or any device where the font software is rasterized or display of the Emigre Font is generated from font software outlines using Adobe Type Manager or similar software. For example, a display terminal shall be considered a device if the Emigre Font outline is embedded or otherwise included for viewing by end users in a multimedia CD.

3. Except as permitted herein, you may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter or otherwise copy the Emigre Font Software.

4. You are permitted to make a single back-up copy. The Emigre Font Software or documentation may not be sublicensed, sold, leased, rented, lent, or given away to another person or entity.

5. The Emigre Font Software may be returned or exchanged only if defective. Defective software will be replaced when accompanied by a valid sales receipt and Emigre is notified within one (1) week of purchase.

6. You agree that any derivative works created by you from the Emigre Font Software, including, but not limited to, software, EPS files, or other electronic works, are considered derivative works under U.S. Law and use of the derivative work is subject to the terms and conditions of this License Agreement. Derivative works may not be sublicensed, sold, leased, rented, lent, or given away without written permission from Emigre. Emigre shall not be responsible for unauthorized, modified and/or regenerated software or derivative works. Embedding of the Emigre Fonts Software in any form is strictly prohibited without an additional license.

7. The Emigre Font Software is protected under domestic and international trademark and copyright law. You agree to identify the Emigre fonts by name and credit Emigre's ownership of the trademarks and copyrights in any design or production credits.

8. Any breach of the terms of this Agreement shall be cause for termination. In the event of termination, and without limitation of any remedies under law and equity, you agree to immediately return the Font Software to Emigre and certify that no copy remains in your possession or control.

9. EMIGRE MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, EMIGRE SHALL IN NO EVENT BE LIABLE TO THE LICENSED USER OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT EVEN IF NOTIFIED IN ADVANCE. UNDER NO CIRCUMSTANCES SHALL EMIGRE'S LIABILITY EXCEED THE REPLACEMENT COST OF THE SOFTWARE.

FONT EMBEDDING
Embedding of the Emigre Fonts Software in digital documents or in any other form is governed by a separate license agreement. If an embedding license is desired, the licensee must represent and warrant that licensee's encryption of the embedded Emigre Fonts is secure enough to prevent any access or use by others. For more information regarding an Embedding License go to: http://www.emigre.com/Embedding.php

LICENSE UPGRADES
The Emigre Font Software is licensed for use at a single location for use with a maximum of six (6) devices. For example: (1) printer with up to five (5) CPUs. The Emigre Font Software may not be shared between locations or business entities. Each additional location and/or entity must purchase a separate license to be used in accordance with the terms of the Emigre Font Software License. License upgrades may be purchased for use with additional devices. The upgrade price is calculated as a percentage of the original price of the software. To determine the number of devices, add up all CPUs, workstations, printers, and other devices that use the fonts. The following is cumulative:
1 - 6 devices (standard license)
7 -12 devices: add 50 percent
13-60 devices: add 20% for each 6 devices
61-150 devices: add 15% for each 6 devices
151-300 devices: add 10% for each 6 devices
over 300 devices: add 5% for each 6 devices
Very large or unlimited uses of the Emigre Font Software will require a custom license agreement.

Some states or jurisdictions do not allow the exclusion or limitations of implied warranties and incidental, consequential or special damages. The exclusions or limitations contained in the Emigre Font Software License Agreement may not apply to you. Restrictions to exclusions and/or limitations of the Emigre Font Software License Agreement shall only be effective to the minimum extent permitted by your state or jurisdiction and only if required by your state or jurisdiction. Under no circumstances shall the exclusions and/or limitations of the Emigre Font Software License Agreement be greater than thirty (30) days after the date of purchase or the minimum time allowed by your state or jurisdiction, whichever is shorter. Thereafter, all the exclusions and/or limitations of the Emigre Font Software License Agreement shall apply. The Emigre Font Software License Agreement gives you specific legal rights and you may have other rights that vary from state to state.