This Unitype End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Unitype Inc. for the software product identified above, which includes computer software and may include associated media, printed materials, and electronic documentation ("Software Product"). By installing, copying, downloading or otherwise using the Software Product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then do not install or use the Software Product. You may, however, return it to your place of purchase for a refund.
Software Product License
The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.
1) Grant of License.
This EULA grants you the following rights:
∑ Client Computer. The Software Product may be used only by you. You may install and use one copy of the Software Product, or any prior version thereof for the same operating system, on a single computer.
∑ Network Use. You may also store or install a copy of the Software Product on a storage device, such as a network server, used only to install or run the Software Product on your other computers over an internal network; however, you must acquire and dedicate a distinct license for each individual using the Software Product from the storage device. Any license for the Software Product may not be shared or used concurrently or otherwise on different computers or by different individuals in a given organization.
∑ Site License. If you have acquired this EULA as part of a Unitype Site License, you may make the number of additional copies of the Software Product as identified in the Site License, and you may use each copy in the manner specified above.
2) Description of Other Rights and Limitations.
∑ Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation of components. The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one computer.
∑ Not for Resale Software. If the Software Product is labeled "Not for Resale" or "Evaluation Copy", then, notwithstanding other sections of this EULA, you may not sell, or otherwise transfer for value, the Software Product.
∑ Rental. You may not rent, lease, or lend the Software Product to any party.
∑ Software Transfer. You may permanently transfer all of your rights under this EULA, provided you (a) retain no copies, (b) transfer all of the Software Product (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and (c) the recipient agrees to abide by all of the terms of this EULA. If the Software Product is an upgrade, any transfer must include all prior versions of the Software Product and all of your rights therein, if any.
∑ Support Services. Unitype may provide you with support services related to the Software Product ("Support Services"). The provision and use of Support Services is governed by the Unitype policies and programs described in the Software Product user manual and/or in electronic documentation. Any supplemental software code provided to you as part of the Support Services shall considered part of the Software Product and subject to the terms and conditions of this EULA. With respect to technical information you provide to Unitype as part of the Support Services, Unitype may use such information for its business purposes, including for product updates and development. Unitype will use its best efforts to not utilize such technical information in a form that personally identifies you.
∑ Termination. Without prejudice to any of Unitypeís other rights, Unitype may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software Product and all of its component parts; to this end you grant to Unitype the right to, with or without notice, monitor your Internet accessible activities for the purpose of verifying Software Product performance and/or your compliance with the terms hereof, including, but not limited to the remote monitoring and verification of your implementation, use and duplication of the Software Product.
3) Upgrades.
If the Software Product is labeled or otherwise identified by Unitype as an "upgrade", you must be properly licensed to use a product identified by Unitype as being eligible for the upgrade in order to use the Software Product. A Software Product labeled or otherwise identified by Unitype as an upgrade; replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Software Product is an upgrade of a component of a package of software programs that you licensed as a single product, the Software Product may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4) Copyright and Trademarks.
∑ All title, trademarks and copyrights in and pertaining to the Software Product (including but not limited to any images, photographs, animation, video, audio, Music, text, and applets incorporated into the Software Product), the accompanying, printed materials and any copies of the Software Product are owned by Unitype or its affiliated companies. The Software Product is protected by copyright and trademark laws and international treaty provisions. You must treat the Software Product like any other copyrighted for archival purposes, and you may not copy the printed materials accompanying the Software Product.
∑ You may not remove, modify or alter any Unitype copyright or trademark notice from any part of the Software Product.
5) U. S. Government Restricted Rights.
The Software Product and documentation are provided with restricted rights. Use, duplication, or disclosure by the U. S. Government is subject to restrictions as set forth in subparagraph C (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is: Unitype Inc., 3023 80th Avenue SE, Second Floor, Mercer Island, WA 98040, USA.
6) Miscellaneous.
If you acquired or use this Software Product in the United States, this EULA is governed by the laws of the State of Washington. If this Software Product was acquired and is used exclusively outside of the United States, then local law may also apply.
7) No Warranties.
Unitype expressly disclaims any warranty for the Software Product. The Software Product and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the Software Product remains with you.
8) Limitation of Liability.
To the maximum extent permitted by applicable law, in no event shall Unitype or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software Product or the provision of or failure to provide Support Services, even if Unitype has been advised of the possibility of such damages.
In any case, Unitype's entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the Software Product or One United States Dollar ($1.00); provided however, if you have entered into a Unitype Support Services Agreement, Unitype's entire liability regarding Support Services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
