Grant of license
By downloading, installing or otherwise using the Test Fonts associated with this License you expressly agree to the following terms GENERAL TYPE (“General”) grants to Licensee a non-transferable, non-exclusive, terminable at will right to use the Test Fonts (“License,” “License Agreement,” “Agreement”) and the designs embodied in the Font Software (together the “Font Software”) in attached File (“Test Fonts”) solely for the purposes of evaluating the suitability of the typeface design for your uses. The Parties hereby agree that incorporating the Font Software into another computer programs, sublicensing the Font Software, use of the Font Software for the benefit of third parties, distributing the Font Software or the use of the Font Software for any other purpose requires the purchase of a separate License Agreement.
Acceptance of termination
This Agreement shall be effective upon the download, or installation or the use of the General Type Font Software, General may terminate this Agreement for any breach of this Agreement. Upon termination of this Agreement for any reason, Licensee is required to return all original Font Software and any accompanying written material to General. Licensee shall also destroy all copies of the Font Software and certify such action in writing. Nothing herein shall be construed as a waiver of any of Licensor’s rights or remedies under equity or law.
Permitted uses and restrictions
Licensee may make one copy of the Font Software for back-up purposes only. The back-up copy must contain all the data contained in the original Font Software. Any back-up copy must prominently display all copyright and trademark notices present on the original Font Software. Licensee agrees not to decompile, reverse engineer, modify or change the embedding bits, disassemble, modify, rent, lease, loan, network, and sub-license or distribute in whole or in part, the Font Software. Licensee agrees not to create derivative works of the Font Software and/or the design of the typeface embodied in the Font Software. Licensee agrees not to reformat the Font Software or regenerate the Font Software to other into formats.
Embedding of the Font Software is expressly prohibited. For the purposes of this agreement “embedding” shall be defined as the temporary duplication of the Font Software in formats that include, but not limited to the PDF, Flash, TrueDoc and/or other Web Embedding Font Technology formats now in existence as well as any other format that may be created in the future. You are not permitted to convert the fonts for use as Web Fonts. Certain programs allow embedding of the Font Software or outlines of the typeface embodied in the Font Software in documents which may be transmitted from one computer to another over a network or over the Internet and all such actions are expressly prohibited.
The transfer or assignment of this License or any right granted under this Agreement is not permitted. In the event the Licensee become insolvent, makes a general assignment for the benefit of its creditors, seek the protection of the bankruptcy laws, or if bankruptcy proceedings are instituted against you this license shall immediately terminate.
All rights reserved
The Font Software is the exclusive property of General Type. The Font Software contains copyrighted material, trade secrets and other proprietary material. The Font Software is protected under the laws of the United States and other International Treaty Provisions. This Agreement shall not be construed as transferring any rights other than those expressly permitted herein. General expressly reserves all rights, copyrights, trademarks and any other form intellectual property in and to the Font Software together with the design of the font embodied therein.
Compliance with laws
Licensee shall be responsible for your use of the Font Software in connection with all laws, foreign and domestic, relating to the control of exports or the transfer of technology.
Licensee shall take all reasonable steps to safeguard the Font Software from any unauthorized use, duplication, sublicensing or distribution. Furthermore, Licensee shall, on behalf of itself and any authorized users, retain all Confidential Information furnished by General in connection with or derived from the Font Software in strictest confidence and shall not publish or disclose such Confidential Information at any time during the term of this Agreement or after its termination. Licensee further agrees that the terms and provisions of this Agreement shall remain confidential.
Revocation of Warranties
Licensee is using the Font Software for testing purposes and Licensee expressly acknowledges and agrees that use of the Font Software is at Licensee’s sole risk. The Font Software and related documentation is provided “AS IS” and without warranty of any kind and GENERAL TYPE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL LICENSOR BE LIABLE TO LICENSEE OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. Some jurisdictions do not permit the revocation of warranties. If applicable, GENERAL hereby disclaims all warranties to the extent permitted by the laws of your jurisdiction.
Governing law and arbitration
The validity, construction, and performance of this agreement shall be governed by the laws of the State of New York without giving effect to its conflict of law provisions or the conflict of law’s provisions of other jurisdictions. The parties expressly agree to the personal jurisdiction of the Federal District Courts in the Southern or Eastern District of New York and expressly waive any jurisdictional defenses and agree to service of process by mail. Licensor expressly reserves all rights to pursue equitable relief including, but not limited to, temporary restraining orders and preliminary injunctions, without the obligation of bond.
If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by General with a valid and enforceable provision that most closely effects the intent of the invalid provision.
No waiver by either party, whether express or implied, of any provision of this Agreement shall constitute a continuing waiver of such provision or a waiver of any other provision of this Agreement. No waiver by either party, whether express or implied, of any breach or default by the other party, shall constitute a waiver of any other breach or default of the same or any other provision of this Agreement.
This Agreement constitutes the entire understanding between the parties and supersedes all previous agreements, promises, representations and negotiations between the parties concerning the Font Software.