Desktop Font License



End User License Agreement For Five (5) Computers.

NOTICE TO USER: THIS IS A CONTRACT. BY USING THE ACCOMPANYING SOFTWARE YOU ARE INDICATING YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.

“This Delve Fonts (herein referred to as “Delve Fonts”) End User License Agreement accompanies software (“Software”) 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 Delve Fonts. Delve Fonts grants to you a non-exclusive license to use the Software and Documentation, provided that you agree to the following:

1. Use of the Software.
You may:
 • Install the Software in a single location on a hard disk or other storage device of up to the number of computers indicated at the beginning (“Permitted Number of Computers”) of this Agreement.
 • 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 according to Permitted Use Quantity;
   (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 Use Quantity. For example, if there are 10 computers connected to the server, with no more than 5 computers ever using the Software concurrently, but the Software will be used on 7 different computers at various times, the Permitted Use Quantity for which you need a license is 7.
 • Make one backup copy of the Software, provided your backup copy is not installed or used on any computer.

HOME USE:
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.

FONT SOFTWARE:
If the Software is font software, you may:
 • Use the font software as described above on the Permitted Use Quantity and output such font software on any output devices connected to such computers.
 • If the Permitted Use Quantity is five or fewer, download the font software to the memory (hard drive or flash memory) of one output device connected to at least one of such computers for the purpose of having such font software remain resident in the output device, and of one additional such output device for every multiple of five represented by the Permitted Use Quantity.
 • 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 bureau 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 Use Quantity. 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 Paragraph 3 below.

2. Copyright.
The Software is owned by Delve Fonts and its distributors, and its structure, organization and code are the valuable trade secrets of Delve Fonts and its distributors. The Software is also protected by United States Copyright Law 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 that 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. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.

3. Transfer.
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, 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 that you retain no copies, including copies stored on a computer.

4. Multiple Environment Software/Multiple Language Software/Dual Media Software/Multiple Copies/Upgrades.
If the Software includes, or, in connection with the acquisition of the Software 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 (e.g., 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 Use Quantity. 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 rent, lease, sublicense, lend 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.

5. Limited Warranty.
Delve Fonts 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. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at Delve Fonts’ option, the replacement of the Software or the refund of the license fee you paid for the Software. DELVE FONTS AND ITS DISTRIBUTORS 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 DELVE FONTS’ OR ITS DISTRIBUTORS’ BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, DELVE FONTS AND ITS DISTRIBUTORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Some states 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. For further warranty information, please contact Delve Fonts directly at the address provided below.

6. Limitation of Liability.
IN NO EVENT WILL DELVE FONTS OR ITS DISTRIBUTORS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN DELVE FONTS 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.

7. Governing Law and General Provisions.
This Agreement will be governed by the laws in force in the State of California excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on 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 other 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 representative of Delve Fonts.

Delve Fonts
2717 Santa Clara Ave.
Alameda, CA 94501

Phone: 415.699.5222
 
Windows is a registered trademark of Microsoft Corp. Macintosh is a registered trademark of Apple, Inc.

Updated: July 15, 2011