We offer Testing Licenses to qualified clients who meet a minimum criteria. The process begins by contacting Font Bureau to discuss your typographic direction and the fonts you are considering to test from our library. We work with each individual publication to get the whole picture and determine how we may best help you achive your typographic expectations.
Our Testing License is subject to the following:
The Font Bureau, Inc. ("Licensor") having an office at 179 South Street, 7th Floor, Boston Massachusetts 02211 and the Company Identified in the Attached Addendum A ("Licensee").
2. GRANT OF LICENSE FOR TESTING ONLY.
Licensor grants to Licensee a non-transferable, non-exclusive, terminable right to use the Fonts ("License," "License Agreement," "Agreement") and the design embodied in the Font Software ("Font Software") identified in attached Addendum B solely for the purposes of evaluating the suitability of the Font Software and design of the Font for use in the publication[s] ("Publication[s]") identified in the Attached Addendum A. Use of the Font Software beyond the term of this License or for any other purpose requires the purchase of a separate License Agreement.
3. LIMITED TIME.
This License shall terminate on the date noted on the attached Addendum B. Use of the Font Software after the specified date is expressly prohibited. Continued use of the Font Software shall constitute a material breach of this License. Please contact The Font Bureau, Inc. if you wish to use the Font Software for any purpose not permitted herein or after the Termination Date identified in Addendum B.
4. ACCEPTANCE AND TERMINATION.
This Agreement shall be effective upon the "Date Accepted" in the signature block of this Agreement and shall Terminate upon the date identified in the attached Addendum B. Acceptance of this Agreement by Licensor is contingent upon return of the executed Agreement. Licensor may terminate this Agreement for any breach of this Agreement. Upon termination of this Agreement for any reason, Licensee is required return all original Font Software and any accompanying written material to Licensor. Licensee shall also destroy all copies of the Font Software, including any copies stored on any servers, storage devices or other media, and certify such action in writing. Nothing herein shall be construed as a waiver of any of Licensor’s rights or remedies under Equity and Law.
5. PERMITTED USES AND RESTRICTIONS.
Licensee may make one copy of the Font Software for back-up purposes only. The back-up copy must contain all the data contained in the original Font Software. Any back-up copy must prominently display all copyright and trademark notices present on the original Font Software. Licensee agrees not to decompile, reverse engineer, modify or change the embedding bits, disassemble, modify, rent, lease, loan, network, and sub-license or distribute in whole or in part, the Font Software. Licensee agrees not to create derivative works of the Font Software and/or the design of the typeface embodied in the Font Software. Licensee agrees not to reformat the Font Software or regenerate the Font Software to other into formats. Licensee agrees not to copy any written material which may accompany the Font Software.
6. EMBEDDING PROHIBITED.
Embedding of the Font Software is expressly prohibited. For the purposes of this agreement "embedding" shall be defined as the temporary duplication of the Font Software in formats that include, but not limited to the PDF, Flash, TrueDoc and/or other Web Embedding Font Technology ("WEFT") formats now in existence as well as any other format that may be created in the future. Certain programs allow embedding of the Font Software or outlines of the typeface embodied in the Font Software in documents which may be transmitted from one computer to another over a network or over the Internet and all such actions are expressly prohibited.
7. NO ASSIGNMENT.
The transfer or assignment of this License or any right granted under this Agreement is not permitted. In the event you become insolvent, makes a general assignment for the benefit of your creditors, seek the protection of the bankruptcy laws, or if bankruptcy proceedings are instituted against you this License shall immediately Terminate. You further agree to the waiver or lifting of any stay or other protection provided by applicable Bankruptcy law granting Licensor the right to enforce any or all of its rights under this Agreement.
8. ALL RIGHTS RESERVED.
The Font Software and the design of the Font embodied therein are the exclusive property of The Font Bureau, Inc. The Font Software contains copyrighted material, trade secrets and other proprietary material. The Font Software is protected under the laws of the United States and other International Treaty Provisions. This Agreement shall not be construed as transferring any rights other than a License to test the Font Software in accordance with terms, conditions and limitations identified herein.. Licensor reserves all rights, copyrights, trademarks and any other form intellectual property in and to the Font Software and the design of the Font embodied therein.
9. COMPLIANCE WITH LAWS.
Licensee shall be responsible for compliance with all laws, foreign and domestic, including but not limited to, all United States laws and regulations relating to the control of exports or the transfer of technology.
Licensee shall take all reasonable steps to safeguard the Font Software from any unauthorized use, duplication, sublicensing or distribution. Furthermore, Licensee shall, on behalf of itself and any authorized users, retain all Confidential Information furnished by Licensor in connection with or derived from the Font Software in strictest confidence and shall not publish or disclose such Confidential Information at any time during the term of this Agreement or after its termination. Licensee further agrees that the terms and provisions of this Agreement shall remain confidential.
11. REVOCATION OF WARRANTIES.
Licensee is using the Font Software for testing purposes and Licensee expressly acknowledges and agrees that use of the Font Software is at Licensee’s sole risk. The Font Software and related documentation is provided "AS IS" and without warranty of any kind and Licensor EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE THE FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. THE FONT SOFTWARE IS NOT FAULT TOLERANT AND IS NOT INTENDED FOR USE IN THE CONTROL OR OPERATION OF PROCESS CONTROL DEVICES OR EQUIPMENT FOR MANUFACTURING, OR FOR USE IN NAVIGATIONAL DEVICES. UNDER NO CIRCUMSTANCES SHALL LICENSOR BE LIABLE TO LICENSEE OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. Licensor’s liability to Licensee shall in no event exceed the replacement cost of the Font Software.
12. GOVERNING LAW AND ARBITRATION.
The validity, construction, and performance of this agreement shall be governed by the laws of the Commonwealth of Massachusetts without giving effect to its conflict of law provisions. Licensor and Licensee agree to settle all disputes, controversies, or claims relating to or arising from this Agreement in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("CAAA Rules") in effect as of the Effective Date of this Agreement and in accordance with the applicable laws of the Commonwealth of Massachusetts. All Arbitration Conferences and Hearings will be held in Boston, Massachusetts. In all other circumstances, the parties to this Agreement specifically consent to the jurisdiction of the state and federal courts of Massachusetts over any action arising out of or related to this Agreement. Licensor expressly reserves any and all rights to pursue equitable relief including, but not limited to, temporary restraining orders and preliminary injunctions, irrespective of the CAAA Rules.
If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by Licensor with a valid and enforceable provision that most closely effects the intent of the invalid provision.
No waiver by either party, whether express or implied, of any provision of this Agreement shall constitute a continuing waiver of such provision or a waiver of any other provision of this Agreement. No waiver by either party, whether express or implied, of any breach or default by the other party, shall constitute a waiver of any other breach or default of the same or any other provision of this Agreement.
15. ENTIRE AGREEMENT.
This Agreement constitutes the entire understanding between the parties and supersedes all pervious agreements, promises, representations and negotiations between the parties concerning the Font Software.
The captions of the sections of this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the terms or provisions of this Agreement.