Vintage Type™
Electronic End User License Agreement


THIS IS A CONTRACT. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. The following contract sets forth Vintage Type's ("Vintage Type") End User License Agreement for the accompanying Vintage Type product. You must read this Agreement carefully before using the product. If you do not agree with the terms and conditions of this Agreement, you will not be able to use the Software.

This Agreement is accompanied by software ("Software"), including digitally-encoded machine readable outline font 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 Vintage Type. Vintage Type grants to you a non-exclusive license to use the Software and Documentation.

1) Use of Software

You may:

• Install the Software in a single location on a hard disk or other storage device.

• 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.

• Output font software on any output devices connected to such computers.

• 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: the 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 Paragraph 3 below.

2. Copyright

The Software is owned by Vintage Type, and its structure, organization, and code are the valuable trade secrets of Vintage Type. The Software is also protected by the 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 this Agreement. 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 this Agreement, 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.

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 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.

4. 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 as set forth in this Agreement. 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.

5. Limited Warranty

Vintage Type 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 Vintage Type's option, the replacement of the Software or the refund of the license fee you paid for the Software. VINTAGE TYPE DOES 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 VINTAGE TYPE'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, VINTAGE TYPE MAKES 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.

6. Limitation of Liability


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 officer of Vintage Type.

8. Notice to Government End Users

If this product is acquired under the terms of a: GSA contract- Use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract; DoD contract- Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of 252.227 -7013; Civilian agency contract- Use, reproduction, or disclosure is subject to 52.227-19 (a) through (d) and restrictions set forth in the accompanying end user agreement.

Unpublished-rights reserved under the copyright laws of the United States. Vintage Type, 5662 Calle Real #146, Goleta CA 93117-2317.

Vintage Type and the Vintage Type logo are trademarks of Vintage Type. Macintosh is a trademark of Apple Computer, Inc. registered in the U.S. and other countries. Windows is either a registered trademark or a trademark of Microsoft Corporation.