NOTICE TO USER:
BY OPENING THIS PACKAGE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this agreement, return the package, unopened, to Dennis Palumbo.
This package contains font software ("Software") and related font documentation ("Documentation"). The term "Software" shall also include any upgrades, modified versions and copies of the Software licensed to you by Dennis Palumbo. Dennis Palumbo 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:
2. Copyright.
The Software is owned by Dennis Palumbo and its structure, organization and code are the valuable trade secrets of Dennis Palumbo. The Software is also protected by United States Copyright Law and International Treaty provisions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may use trademarks only to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. 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 with the Software, including all copies, updates and prior versions and all Documentation as described above and notify us of the name and address of the other party. The other party must agree in writing to be bound by this License Agreement prior to the assignment.
4. Limited Warranty.
Dennis Palumbo 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.
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 in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at Dennis Palumbo's option, the replacement of the Software or the refund of the license fee you paid for the Software.
Dennis Palumbo and it's suppliers 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 Dennis Palumbo or its suppliers breach of warranty, except for the foregoing limited warranty, Dennis Palumbo and its suppliers make no warranties express or implied, as to non-infringement of third party rights, merchantability, or fitness for any particular purpose.
In no event will Dennis Palumbo or its suppliers be liable to you for any consequental, incidental or special damages, including any lost profits or lost savings, even if a Dennis Palumbo 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, or 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.
5. Governing Law and General Provisions.
This Agreement will be governed by the laws of the State of New York, U.S.A., 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 Dennis Palumbo.
6. Notice to Government End Users.
Use, duplication or Use, reproduction or disclosure by the Government is subject to restrictions as set forth in subdivision (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013.
