Microsoft Visual TrueType Tool
IMPORTANT: PLEASE COMPLETE THIS AGREEMENT AND RETURN IT TO MICROSOFT AT THE ADDRESS BELOW. NO CHANGES TO THIS AGREEMENT WILL BE ACCEPTED.
IMPORTANT-READ CAREFULLY: Upon receipt by Microsoft Corporation ("Microsoft") of this Microsoft Corporation License Agreement for the Microsoft software product identified above (the "Agreement"), signed and completed by the individual or single entity indicated below ("Recipient"), Microsoft may elect, at Microsoft's sole discretion, to provide Recipient with one or more deliveries of the Microsoft software product, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Software Product"). BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, RECIPIENT AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF RECIPIENT DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, RECIPIENT MAY NOT INSTALL, COPY, OR USE THE SOFTWARE PRODUCT.
The Software Product is owned by Microsoft or its suppliers and 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. Provided that Recipient complies with all terms and conditions of this Agreement, Microsoft grants Recipient the following rights under this Agreement for the limited period specified below:
(a) Recipient may install and use the Software Product on each computer used by Recipient or (for entities) each computer within Recipient's organization.
(b) RECIPIENT'S RIGHT TO USE THE SOFTWARE PRODUCT SHALL BE EFFECTIVE FROM THE DATE RECIPIENT FIRST INSTALLS THE SOFTWARE PRODUCT ON ANY DEVICE FOR A PERIOD OF ONE (1) YEAR UNLESS EARLIER TERMINATED BY MICROSOFT IN WRITING AT ANY TIME, WITH OR WITHOUT NOTICE. Upon expiration or termination of this Agreement, Recipient shall promptly return to Microsoft, or certify destruction of the Software Product. If Recipient desires to extend the term of this Agreement, Recipient must contact Microsoft. The following Sections shall survive termination or expiration of this Agreement: Sections 6, 8, 9, 10, 12 and 13.
(c) All rights not expressly granted are reserved by Microsoft.
2. ADDITIONAL LIMITATIONS. Recipient may not reverse engineer, decompile, or disassemble the Software Product, except to the extent such foregoing restriction is expressly prohibited by applicable law notwithstanding this limitation. Recipient may not distribute, sell, rent, lease, lend, or transfer the Software Product.
3. INTELLECTUAL PROPERTY RIGHTS. All ownership, title and intellectual property rights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the Software Product), and any copies Recipient is permitted to make herein are owned by Microsoft or its suppliers. All ownership, title and intellectual property rights in and to the content which may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement does not grant Recipient the rights to use such content. For each copy of the Software Product Recipient is authorized to use above, Recipient may also reproduce one additional copy of the Software Product solely for archival or restoration purposes.
4. U.S. GOVERNMENT RESTRICTED RIGHTS. All Software Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All Software Product provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
5. EXPORT RESTRICTIONS. Recipient agrees that Recipient will not export or re-export the Software Product to any country, person or entity subject to U.S. export restrictions. Recipient specifically agrees not to export or re-export any of the Software Product (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Software Product back to such country; (ii) to any person or entity who Recipient knows or has reason to know will utilize the Software Product in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. Recipient warrants and represents that neither the U.S. Commerce Department, Bureau of Export Administration nor any other U.S. federal agency has suspended, revoked or denied Recipient's export privileges.
6. GOVERNING LAW/JURISDICTION/ATTORNEYS' FEES. This Agreement shall be construed and controlled by the laws of the State of Washington, and Recipient consents to exclusive jurisdiction and venue in the federal courts sitting in King County, Washington, unless no federal jurisdiction exists, in which case Recipient consents to exclusive jurisdiction and venue in the Superior Court of King County, Washington. Recipient waives all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and other expenses.
7. QUESTIONS. Should Recipient have any questions concerning this Agreement, or if Recipient desires to contact Microsoft for any reason, please contact the Microsoft subsidiary serving your country, or write: Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399.
8. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, Microsoft and its suppliers provide the Software Product and any (if any) support services related to the Software Product ("Support Services") AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the Software Product, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH RECIPIENT.
9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that Recipient might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Microsoft and any of its suppliers under any provision of this Agreement and Recipient's exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by Recipient for the Software Product or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
11.NOTE ON JAVA SUPPORT. THE SOFTWARE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Sun Microsystems, Inc. has contractually obligated Microsoft to make this disclaimer.
12.ENTIRE AGREEMENT. This Agreement constitutes the complete and exclusive agreement between Recipient and Microsoft with respect to the subject matter hereof, and supercedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended except in a writing duly signed by an authorized representative of both parties.
13.PARTIES BOUND. If "Company Name" or a company address is filled in below, then the individual signing this Agreement represents that he/she has authority to execute this Agreement on behalf of such company and agrees that the Software Product (and any copies thereof) shall remain on the company premises, unless otherwise agreed by Microsoft.
IN WITNESS WHEREOF, Recipient has caused this Agreement to be executed by its duly authorized representative.
When returning this Agreement by fax or mail, make sure to send all pages. Incomplete Agreements will not be accepted.
RETURN TO: Microsoft Corporation, Attn: Simon Daniels, Microsoft Typography Group, One Microsoft Way, Redmond, WA 98052-6399
OR FAX TO: Microsoft Corporation, Attn: Simon Daniels, Microsoft Typography, 425 936 7329
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Last updated 29 August 2000.