Article 1 | |
| 1.1 | TEFF grants Licensee to use the fonts mentioned in Article 2 of this Agreement of the typeface [typeface name], exclusively for Licensee’s own benefit and exclusively as set forth in Article 3 of this Agreement, and unlimited in time. |
Article 2 | |
| 2.1 | This licence shall apply to the following fonts of the typeface [typeface name]: [fontname] [fontname] [fontname] |
| 2.2 | The price for these [font format] fonts for the [operating system] shall amount to [price] for the licence and [price] for handling and administrative costs. The said prices shall be, if applicable, exclusive of VAT. |
Article 3 | |
| 3.1 | The Licensee shall be entitled to install the fonts mentioned in Article 2 of this Agreement and to use these fonts to layout documents and/or for word processing purposes on no more than one computer and one output device belonging to the Licensee. |
| 3.2 | TEFF grants Licensee the right to print the documents containing the fonts mentioned in Article 2 of this Agreement on no more than one (laser)printer belonging to the Licensee in an unlimited quantity/impression and to (have) duplicate(d) the documents printed as such in an unlimited quantity/impression on paper through photocopy or print. |
| 3.3 | TEFF grants Licensee the right to put the documents printed and duplicated as aforesaid into circulation and to distribute them. |
| 3.4 | TEFF grants Licensee the right, exclusively for the purpose of protecting the fonts/data and exclusively for himself, to make one (back up) copy of the fonts mentioned in Article 2 of this Agreement. |
Article 4 | |
| 4.1 | If Licensee does not possess a high resolution imagesetter (2540 dpi), Licensee shall be entitled to have documents with the accompanying ........ fonts printed out at a service agency which has not licensed the fonts mentioned in Article 2 of this Agreement itself, provided that Licensee and this agency contract to comply with the content of the Service Agreement attached to this Agreement as an appendix and both parties meet all commitments of the Service Agreement in full. |
Article 5 | |
| 5.1 | The fonts/data put at the Licensee’s disposal, the installed fonts/data and the backed up fonts/data remain the property of TEFF. |
| 5.2 | For all fonts/data covered by this Agreement, the following shall apply: Copyright Trinité © 1991 by TEFF. Trinité ® is a Registered Trademark of TEFF. Copyright Lexicon © 1992 by TEFF. Lexicon ® is a Registered Trademark of TEFF. Copyright Ruse © 1991 by TEFF. Ruse ® is a Registered TradeMark of TEFF. Copyright Collis © 1993 by TEFF. Collis ® is a Registered TradeMark of TEFF. Copyright Renard © 1992 by TEFF. Renard ® is a Registered Trademark of TEFF. |
| 5.3 | Licensee shall refrain from altering, adapting, editing, modifying, or converting the fonts/data covered by this Agreement in any way whatsoever without prior written permission from TEFF. |
Article 6 | |
| 6.1 | Licensee shall carefully control the fonts/data put at his disposal, the installed fonts/data and the backed up fonts/data and shall refrain from putting the fonts/data at third-party’s disposal. |
| 6.2 | Licensee shall protect the fonts/data put at his disposal, the installed fonts/data and the backed up fonts/data against improper use by third parties. |
| 6.3 | Licensee shall not transfer the Licence issued to him to a third party, neither partially, nor completely. |
| 6.4 | Without prior written permission from TEFF licensee shall refrain from putting documents, files or data in which the fonts/data mentioned in Article 2 of this Agreement are embedded, at third-party’s disposal and refrain from making documents, files or data in which the fonts/data mentioned in Article 2 of this Agreement are embedded available to any third-party. |
Article 7 | |
| 7.1 | TEFF guarantees for a restricted period of three months as of the date on which the fonts are received that the fonts put at the licensee’s disposal will function. |
| 7.2 | In the event of a complaint within three months, TEFF shall be committed at most to replace the fonts with new copies. |
Article 8 | |
| 8.1 | TEFF’s liability on account of this Agreement is restricted to the amount mentioned in Article 2 of this Agreement. |
| 8.2 | TEFF shall not be liable for losses such as reduced sales or decreased goodwill in Licensee’s business or trade. |
Article 9 | |
| 9.1 | Licensee shall not use the fonts put at his disposal until the costs for the fonts, handling and administration mentioned in Article 2 of this Agreement have been paid. |
Article 10 | |
| 10.1 | TEFF shall be entitled to dissolve this Agreement partially or completely if Licensee fails to meet the commitments of a single obligation mentioned in this Agreement, especially the obligations in Article 3.1, 6.1 and 6.4. |
| 10.2 | If this Agreement is desolved for reasons pertaining to Article 10.1, Licensee shall upon first request settle an indemnification amounting to the price for the license mentioned in Article 2 of this Agreement. |
Article 11 | |
| 11.1 | This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed and interpreted in accordance with the laws of The Netherlands. |
| 11.2 | Parties hereto irrevocably submit for any action or proceeding relating in any way to this Agreement, insofar that they exceed the jurisdiction of the Cantonal Court, to the exclusive jurisdiction of the Rotterdam District Court and, as the case may be, to the appropriate Appellate Court thereof. |