QualiType Company QualiType Font Software End User License Agreement Notice to User: By unpacking and installing the fonts in this demo package you accept all the terms and conditions of this Agreement. If you do not agree with the terms and conditions of this Agreement, do not install the enclosed demo font(s). This package contains metric information, digitally encoded machine readable outline font programs (the "Outline Fonts"), and related documentation, collectively referred to as "The Software". In return for acquiring a license to use the Software and documentation, you agree to the following terms and conditions: 1. Scope of Use. You agree that you will use the Outline Fonts to reproduce and display typefaces solely for your own customary business or personal purposes on a single printer, typesetter, film recorder or other output device attached to a central processing unit which utilizes the Microsoft(r) Windows(tm) Version 3.1 (or later) Operating System for TrueType(tm) format font software and (optionally) the Adobe Type Manager software from Adobe Systems Incorporated for utilizing the Type 1 format font software. 2. Proprietary Rights and Obligations. The structure and organization of the Software are the valuable property of QualiType and its suppliers. You will not make or have made, or permit to be made any copies of the Software, the documentation or any portions thereof, except one (1) copy solely for backup purposes or such copies as are necessary for the installation of the Software in accordance with the terms of this Agreement. Any such copies of the Software shall contain the same proprietary notices which appear on or in the Software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners name. 3. Assignment. You may assign your rights under this Agreement to a third party who agrees in writing to be bound by this Agreement prior to the assignment provided that you transfer all copies of the software and related documentation to the third party or destroy any copies not transferred. Except as set forth above, you may not assign your rights under this Agreement or rent, loan, lease, distribute or otherwise transfer the software. 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. 4. Dual Media Software. If the Software comes on both 3 1/2" and 5 1/4" disks, then you may only use the disks appropriate for your single central processing unit. You may not use the other disks on another computer or loan, rent, lease, or transfer them except as part of the permanent transfer of all software and documentation. 5. No Other Rights. QualiType and its suppliers retain title and ownership of the Software, the media on which they are recorded and all subsequent copies of the Software, regardless of the form or media in or on which the original and other copies may exist. Except as stated above, this Agreement does not grant you any rights to intellectual property rights in the Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark. 6. Term. The license is effective until terminated. QualiType has the right to terminate your license immediately if you fail to comply with any term of this Agreement. Upon any such termination you will destroy the original and any copies of the Software and related documentation and cease all use of the trademarks. 7. Limited Warranty. (a) This Limited Warranty and any implied warranties are effective for a period of ninety (90) days from the date of delivery (the "Limited Warranty Period") as evidenced by a copy of your receipt. The Software will be free from errors under normal use and service for a period of ninety (90) days after delivery to you. For purposes of this Agreement an "error" shall be a flaw in an Outline Font which causes it not to properly reproduce the QualiType version of the typefaces when used on a computer utilizing the Microsoft(r) Windows(tm) Version 3.1 (or later) Operating System (for TrueType format fonts) and/or the Adobe Type Manager software from Adobe Systems Incorporated (for Type 1 format fonts). You must report all errors and return the Software to the location where you obtained it with a copy of your receipt within such period to be eligible for warranty service. (b) If the Software fails to comply with this warranty, QualiType will at its option and cost replace the diskettes not meeting the warranty or refund the license fee for the software. If failure of the diskette(s) has resulted from accident, abuse or misapplication of the product, then QualiType shall have no responsibility to replace the diskette(s) under this Limited Warranty. (c) QualiType 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 QualiTypes breach of warranty. Except for the foregoing limited warranty, Qualitype makes no warranties express or implied as to non-infringement of third party rights or fitness for a particular purpose. (d) Some states or provinces 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. This warranty gives you specific legal rights. You may have other rights which vary from state to state or province to province. 8. Limit of Liability. (a) IN NO EVENT WILL QUALITYPE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS OR FOR ANY CLAIM BY ANY PARTY, EVEN IF A QUALITYPE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 9. Governing Law. This Agreement will be governed by the laws in force in the State of Michigan 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. 10. Entire Agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF YOUR AGREEMENT WITH QUALITYPE WHICH SUPERSEDES ANY PRIOR AGREEMENT, ORAL OR WRITTEN AND ANY OTHER COMMUNICATIONS BETWEEN QUALITYPE AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND THAT YOUR OBLIGATIONS UNDER THIS AGREEMENT SHALL INURE TO THE BENEFIT OF QUALITYPE’S LICENSORS WHOSE RIGHTS ARE LICENSED UNDER THIS AGREEMENT. NO VARIATION OF THE TERMS OF THIS AGREEMENT WILL BE ENFORCEABLE AGAINST QUALITYPE UNLESS QUALITYPE GIVES ITS EXPRESS CONSENT IN WRITING SIGNED BY AN OFFICER OF QUALITYPE. 11. 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. QualiType, 29209 Northwestern Highway Suite 611, Southfield, MI 48034. Copyright (c) 1992 QualiType. Product or company names are trademarks or registered trademarks of their respective owners.