xv
to use the Software on the terms expressly set forth in this
Agreement.
3 To protect proprietary rights of Monotype Imaging, you agree to
maintain the Software and other proprietary information concerning
the Typefaces in strict confidence and to establish reasonable
procedures regulating access to and use of the Software and
Typefaces.
4 You agree not to duplicate or copy the Software or Typefaces,
except that you may make one backup copy. You agree that any
such copy shall contain the same proprietary notices as those
appearing on the original.
5 This License shall continue until the last use of the Software and
Typefaces, unless sooner terminated. This License may be
terminated by Monotype Imaging if you fail to comply with the terms
of this License and such failure is not remedied within thirty (30)
days after notice from Monotype Imaging. When this License expires
or is terminated, you shall either return to Monotype Imaging or
destroy all copies of the Software and Typefaces and documentation
as requested.
6 You agree that you will not modify, alter, disassemble, decrypt,
reverse engineer or decompile the Software.
7 Monotype Imaging warrants that for ninety (90) days after delivery,
the Software will perform in accordance with Monotype Imaging-
published specifications, and the diskette will be free from defects in
material and workmanship. Monotype Imaging does not warrant that
the Software is free from all bugs, errors and omissions.
8 THE PARTIES AGREE THAT ALL OTHER WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE AND
MERCHANTABILITY, ARE EXCLUDED.
9 Your exclusive remedy and the sole liability of Monotype Imaging in
connection with the Software and Typefaces is repair or replacement
of defective parts, upon their return to Monotype Imaging.
10 IN NO EVENT WILL MONOTYPE IMAGING BE LIABLE FOR LOST
PROFITS, LOST DATA, OR ANY OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES, OR ANY DAMAGES CAUSED BY
ABUSE OR MISAPPLICATION OF THE SOFTWARE AND
TYPEFACES.
11 Massachusetts U.S.A. law governs this Agreement.
12 You shall not sublicense, sell, lease, or otherwise transfer the
Software and/or Typefaces without the prior written consent of
Monotype Imaging.
13 Use, duplication or disclosure by the Government is subject to
restrictions as set forth in the Rights in Technical Data and Computer
Software clause at FAR 252-227-7013, subdivision (b)(3)(ii) or
subparagraph (c)(1)(ii), as appropriate. Further use, duplication or
disclosure is subject to restrictions applicable to restricted rights
software as set forth in FAR 52.227-19 (c)(2).
14 YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY
ITS TERMS AND CONDITIONS. NEITHER PARTY SHALL BE
BOUND BY ANY STATEMENT OR REPRESENTATION NOT
CONTAINED IN THIS AGREEMENT. NO CHANGE IN THIS
AGREEMENT IS EFFECTIVE UNLESS WRITTEN AND SIGNED
BY PROPERLY AUTHORIZED REPRESENTATIVES OF EACH
PARTY. BY OPENING THIS DISKETTE PACKAGE, YOU AGREE
TO ACCEPT THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
