EOT Lite Wrap Tool - Software License Agreement
IMPORTANT-READ CAREFULLY: License Agreement ("License") is a legal agreement between you (either an individual or a single entity) and Ascender Corporation for the Ascender software product identified above, which includes computer software and may include associated documentation ("Software"). The Software also includes any updates to the original Software which may be provided to you by Ascender, solely at Ascender’s option.
By downloading, installing, copying, accessing or otherwise using the Software, you accept a license to the Software and agree to the terms of this License. If you do not agree to the terms of this License, do not install or use the SOFTWARE.
This software is provided as is and without technical support. This license contains warranty information and liability disclaimers.
1. Definitions
1. "Ascender" means Ascender Corporation, an Illinois corporation.
2. "Software" means the Ascender software program distributed by Ascender as the EOT Lite Wrap Tool, including any corresponding documentation.
2. License Grants & Restrictions
The licenses granted in this Section 2 are subject to the terms and conditions set forth in this License:
1. You confirm that you are a developer of font software and agree that you will only use the Software to convert fonts into the EOT format which you have the absolute right to convert.
2. You may install and use the Software only on computers which you own or which are under your control.
3. You may make one copy of the Software in machine-readable form solely for backup purposes. Any back-up copy must contain all copyright notices and any other proprietary legends on the original copy of the Software. You may not sell or transfer any copy of the Software made for backup purposes.
4. Your license rights under this License are non-exclusive and non-assignable.
5. Other than as set forth in this Section 2, you may not make copies of the Software, or electronically transfer the Software from one computer to another.
6. You may not alter, merge, modify, adapt, translate, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
7. You may not rent, lease, or sublicense the Software.
8. You may not create derivative works based upon the Software.
9. You may not export the Software into any country to which such export is prohibited by the United States Export Administration Act.
10. In the event that you fail to comply with this License, Ascender may terminate the license. Upon termination, you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this License surviving any such termination).
3. Ownership
The foregoing license gives you limited license to use the Software. Ascender retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Software (as an independent work and as an underlying work serving as a basis for any application you may develop), and all copies thereof. The software is protected by the copyright laws of the United States and other countries. All rights not expressly granted in this License, are reserved by Ascender.
4. LIMITED WARRANTY AND DISCLAIMER
1. Ascender warrants that, for a period of thirty (30) days, the Software will perform in substantial conformance with the documentation supplied with the Software.
2. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO THE SOFTWARE, ASCENDER DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. ASCENDER DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS.
3. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF DELIVERY.
4. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASCENDER SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
5. (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
5. Exclusive Remedy
Your exclusive remedy is to return the Software to Ascender. Provided that any non-compliance with the above warranty is reported in writing to Ascender no more than thirty (30) days following delivery to you, Ascender will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation. Ascender shall have no responsibility if the Software has been altered in any way, or if the media has been damaged by misuse, accident, abuse, modification or misapplication. Any such misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE.
6. LIMITATION OF LIABILITY
1. ASCENDER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ASCENDER OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
2. ASCENDER'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR THE SOFTWARE OR FIVE DOLLARS (US$5.00).
3. (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
4. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS LICENSE.
7. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with "RESTRICTED RIGHTS” applicable to private and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this License and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: Ascender Corporation, Elk Grove Village, IL USA.
8. General
This License shall be governed by the internal laws of the State of Illinois. In each case this License shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
This License contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of Ascender to exercise any of its rights under this License or upon any breach of this License shall not be deemed a waiver of those rights or of the breach.
If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, then that provision will be enforced to the maximum extent permissible and the remaining provisions of this License will remain in full force and effect.
All questions concerning this License shall be directed to Ascender.
Ascender is a trademark of Ascender Corporation which may be registered in the United States and other jurisdictions. This License does not authorize you to use Ascender’s name or any of its trademarks.
Ascender Corporation
Suite 225
25 Northwest Point Boulevard
Elk Grove Village, IL 60007
Tel # 847-357-0730
Updated: July 23, 2009
NOTE: the EOT Lite Wrap Tool is discontinued and no longer available from Ascender. (WOFF is now the web font format of choice)
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