Quadrat Communications Desktop Font License
Quadrat Communications - Desktop License 1.0.0
The License
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QUADRAT COMMUNICATIONS
DESKTOP FONT END-USER LICENCE AGREEMENT
LICENCE: By using the fonts (the "Fonts") provided by Quadrat
Communications ("Quadrat"), you are agreeing to abide by the terms
of this Licence Agreement (this "Licence") between you and
Quadrat. You should read it carefully, as your agreement to its
terms will be presumed. If you do not understand the terms of this
Licence, you should review it with a lawyer. This Licence will be
enforceable just like any written agreement signed by you. If you
are not in agreement with terms of this Licence, you must
immediately delete all of the Fonts from all Workstations and any
Output Sites (as those terms are defined below), and a full refund
will be given.
1. Grant of Rights: Subject to the other terms and conditions
of this Licence, you are hereby granted a non-exclusive,
non-transferable licence to use the Fonts for an indefinite period
of time. You do not own the Fonts. Ownership of the Fonts and all
intellectual property rights relating thereto remains with
Quadrat. You simply have permission to use them, subject to
certain terms and conditions. The other terms and conditions of
this Licence are as follows:
2. Permitted Workstations: You may use the Fonts on as many
Workstations as your receipt, which must be attached hereto as
Schedule "A", indicates that you have paid for, as long as all
such Workstations are within a single business or residential
premises ("Primary Location"). In the absence of a receipt being
attached as Schedule A, you will be deemed to have not paid for
this Licence, and your use of the Fonts is strictly prohibited.
3. Definition of Workstation: A Workstation is a single
computer, and any peripherals such as printers and monitors, that
relate specifically to that computer. You may count a portable
computer as a licensed Workstation if such portable computer is
regularly used at the Primary Location.
4. Output Site: The Fonts may also be used at a single Output
Site. An Output Site is a service or business located outside the
Primary Location which is used for high resolution or other types
of output which cannot be accomplished at the Primary Location.
Use of the Fonts at an Output Site may be in addition to the
number of Workstations authorized under this Licence, but the
Fonts must be immediately and fully removed from the Output Site
upon the completion of the work for which they are required.
5. Network Server: If you use a network server, you may install
the Fonts on that network server, provided that such network
server will be counted as one of the licensed workstations, and
must be located at the Primary Location. The total number of
Workstations which are connected to the server and using the Fonts
may not exceed the number of Workstations that you have paid for,
as evidenced by your receipt attached hereto, less one, to account
for the network server installation.
6. Total Workstations: You may use the Fonts in any of their
supplied formats, but the total number of Workstations with all
formats combined may not exceed the number of Workstations that
you have paid for, as evidenced by your receipt attached hereto.
You may use the Fonts on any appropriate computing platforms.
7. Modifications: You may modify the Fonts, provided that any
modifications that you make to the Fonts are governed by the terms
of this Licence, including but not limited to the restrictions on
their use and distribution, and provided that all copyright and
other intellectual property rights in any modifications to the
Fonts will be owned exclusively by Quadrat..
8. Embedding: Embedding of the Fonts in other documents is
expressly prohibited, except to the extent permitted by the Fonts
as provided. Any alterations to the Fonts to allow a greater level
of embedding is a breach of this Licence and will result in, among
other things, the immediate termination of same.
9. Single Copy Only: You may make a single copy of the Fonts
for archival purposes. No other copying of the Fonts is permitted.
10. Unauthorized Use: All rights not expressly granted to you
in this Licence are expressly reserved to Quadrat, and any use of
the Fonts that is not expressly authorized by this Licence is a
breach of this Licence, and Quadrat will be entitled to take
immediate action to rectify such breach.
11. Licence and Fonts Not Assignable: This Licence is personal
to you, and you may not assign or sublicense this Licence or any
rights under this Licence, or otherwise transfer or distribute the
Fonts, or any copy or modified form of any Fonts, to any other
person or business unless such other person or business agrees to
be bound by the terms of this Licence and you first delete all
copies of the Fonts in your possession. You must advise Quadrat
immediately of any such assignment.
12. No Use Without Payment: If Quadrat discovers that you are
using the Fonts without remitting the appropriate payment for
same, you will forthwith be required to remit the payment required
for such use, at twice the then-current licence cost.
13. Termination: This Licence will terminate immediately upon
any breach of the terms and conditions of same. Following any
termination of this Licence, you must immediately delete all
copies of the Fonts from all Workstations and any Output Sites and
any other location in your possession or under your control.
14. Remedies for Breach of Licence: You hereby agree that
monetary damages are insufficient to compensate Quadrat for any
breach of this Licence. You agree that irreparable harm would
accrue to Quadrat in the event of such breach. If this Licence is
breached in any way, Quadrat will have the immediate right to seek
an injunction to stop such breach, without prejudice to any other
legal or equitable rights and remedies that it may have.
15. Intellectual Property Rights: The Fonts and any copies that
you are authorized by Quadrat to make are the copyrighted
material, intellectual property of and are owned exclusively by
Quadrat throughout the world. The structure, organization and code
of the Fonts are the valuable trade secrets, confidential and
proprietary information of Quadrat. The Fonts are protected by
copyright. You may not copy the Fonts. You will not acquire any
rights, express or implied, in the Fonts other than those
expressly set out in this Licence.
16. Intellectual Property Notices: You may not delete or change
any copyright or trademark notice that accompanies the Fonts, and
no other copyright or trademark notice may accompany the Fonts, or
any modified form of the Fonts.
17. Limitation of Liability: You agree to use the Fonts at your
own risk. This software is provided on an "as is" basis. It is
your responsibility to ensure that you have the proper hardware
and safeguards in place to properly use the Fonts. Except as
expressly set out elsewhere in this Licence, there are no express
or implied representations, warranties or conditions of any kind
in respect of the Fonts or the services provided by Quadrat.
Further, Quadrat will not be liable to you or any other person or
business for any indirect, special or consequential damages
related to this Licence. Quadrat's entire liability under this
Licence for damages from any cause whatsoever, at law or by
statute, regardless of the form or cause of action, will not
exceed the total amount actually paid by you to Quadrat pursuant
to this Licence in the six (6) months immediately prior to your
damages or loss.
18. Currency. Unless otherwise stated, all dollar amounts
referred to in this Agreement are in lawful Canadian currency.
19. Taxes. In addition to the fees payable for the Fonts set
out elsewhere on this website, you will pay to Quadrat all taxes
payable by you pursuant to this Licence.
20. Infringement Indemnity. You will defend and indemnify
Quadrat with respect to all damages, costs, fees, judgments and
other expenses (including reasonable legal fees and expenses)
incurred by Quadrat arising from any breach by you of this
Licence, provided that Quadrat must notify you in writing within
thirty (30) days of any such claim.
21. Force Majeure. Quadrat will not be liable for any delay or
failure to perform under this Licence if such delay or failure is
due to any event or situation beyond its reasonable control,
including but not limited to war, explosion, fire, flood,
earthquake, epidemic, act of civil or military authorities, labour
dispute or civil disturbance.
22. Relationship of Parties. You and Quadrat are independent
contractors. Nothing in this Licence will be construed to place us
in a relationship of principal and agent, employer and employee,
partners, associates, affiliates or joint venturers, and neither
of us will have the power to obligate or bind the other in any
manner whatsoever.
23. Governing Law: This Licence and all matters relating to
same will be governed in accordance with the laws of the Province
of Ontario and the laws of Canada applicable therein, regardless
of where you reside, work or carry on business, or where the Fonts
are used, stored or displayed. Any dispute or matter arising from
this Licence or your use of the Fonts will be determined in the
courts in the City of Toronto, Province of Ontario.
24. Severability: If any provision of this Licence is
determined to be invalid, void or unenforceable, it will be
severed from the remaining agreement. The remaining provisions of
this License will continue in full force and effect.
25. Waiver: No waiver by either party of any term or provision
of this Licence, whether express or implied, will constitute a
continuing waiver of such term or provision, or a waiver of any
other term of this Agreement.
26. Entire Agreement: This Licence contains the entire
agreement between the parties regarding the Fonts. No collateral
warranty or agreement, or previous agreement of any sort regarding
the Fonts, whether written or oral, will have any effect
whatsoever.
Quadrat Communications
11 Givins Street
Toronto, Ontario
Canada
M6J 2X5
telephone: 416-537-4936
email: fontsupport@quadrat.com
http://www.quadrat.com/
1 December 2011