1This is the font license agreement for Bigelow & Holmes Lucida® fonts 2as licensed by Y&Y Inc., 45 Walden Street, Concord, Massachusetts, 01742, USA. 3 4Y&Y LUCIDA FONT SOFTWARE LICENSE AGREEMENT 5 6NOTICE TO USER: 7 8BY OPENING THIS PACKAGE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF 9THIS AGREEMENT. If you do not agree with the terms and conditions of 10this Agreement, return the package UNOPENED to Y&Y, or to the location 11where you obtained it. 12 13This package contains outline font programs (the "Outline Fonts"), 14utility software programs (the "Utilities"), metric information, and 15related documentation. The Outline Fonts and the Utilities programs 16are collectively referred to as the "Software". In return for 17acquiring a license to use the Software and documentation, you agree 18to the following terms and conditions: 19 201. Scope of Use. You agree that you will use the Outline Fonts to 21render and display typefaces solely for your own customary business or 22personal purposes on a single printer, typesetter, film recorder, 23image setter or other hardcopy output device. You may also use the 24Fonts on a single display screen. If you need to use the Outline 25Fonts on more than one hardcopy output device, or on more than one 26display screen, then you need to obtain a site license. 27 282. Proprietary Rights and Obligations. The structure and 29organization of the Software are the valuable property of Y&Y and its 30licensors. You will not make or have made, or permit to be made, any 31copies of the Software, or any portions thereof, except one (1) copy 32for archival backup purposes. Any such archival copies of the 33Software shall contain the same proprietary notices which appear on or 34in the Software. You may not make copies of the documentation. Any 35PostScript files generated using the Software must contain the same 36proprietary notices as the Outline Fonts from which they were 37generated. You agree not to adapt, translate, reverse engineer, 38decompile, disassemble or create derivative works based on the 39Software. Any use of the trademark Lucida must identify the mark with 40the symbol R in a circle, and the phrase "Lucida is a registered 41trademark of Bigelow & Holmes Inc.". 42 433. Assignment. You may assign your rights under this Agreement to a 44third party who agrees in writing to be bound by this Agreement, 45provided that you transfer all copies of the Software and related 46documentation to the third party or destroy any copies not 47transferred. Except as set forth above, you may not assign your 48rights under this Agreement or rent, loan, lease, sublicense, 49distribute or otherwise transfer the Software. You agree that the 50Software will not be shipped, transferred, or exported into any 51country or used in any manner prohibited by the United States Export 52Administration Act. You agree that your obligations pursuant to this 53section shall survive and continue after any termination of rights 54under this agreement. 55 564. No Other Rights. Y&Y and its licensors retain title and ownership 57of the Software, the media on which they are recorded, and all 58subsequent copies of the Software, regardless of the form or media in 59or on which the original and other copies may exist. Except as stated 60above, this Agreement does not grant you any rights to patents, 61copyrights, trademarks (whether registered or unregistered), 62tradenames, trade secrets, or any other rights, franchises, or 63licenses in respect to the Software. You acknowledge that all 64proprietary rights in the Software remain at all times with Y&Y and 65its licensors. 66 675. Term. The License is effective until terminated. Y&Y has the 68right to terminate your license immediately if you fail to comply with 69any term of this Agreement. Upon any such termination you will 70destroy the original and any copies of the Software, and related 71documentation, and cease all use of the trademarks. 72 736. No Warranty. YOU ACKNOWLEDGE THAT NO EXPRESS OR IMPLIED 74WARRANTIES, INCLUDING NO IMPLIED WARRANTIES OF MERCHANTABILITY AND 75FITNESS FOR USE, ARE PROVIDED WITH RESPECT TO THE SOFTWARE. IN NO 76EVENT SHALL Y&Y OR BIGELOW & HOLMES INC. BE LIABLE FOR ANY DAMAGES, 77INCLUDING SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, 78ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE. 79 807. Governing Law. This Agreement will be governed by the laws in 81force in the Commonwealth of Massachusetts excluding the application 82of its conflicts of law rules. This Agreement will not be governed by 83the United Nations Convention for the International Sale of Goods, the 84application of which is expressly excluded. 85 868. Entire Agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS 87AGREEMENT, UNDERSTAND IT AND THAT IT IS THE COMPLETE AND EXCLUSIVE 88STATEMENT OF YOUR AGREEMENT WITH Y&Y WHICH SUPERSEDES ANY PRIOR 89AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN Y&Y 90AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND THAT 91YOUR OBLIGATIONS UNDER THIS AGREEMENT SHALL INURE TO THE BENEFIT OF 92Y&Y'S LICENSORS WHOSE RIGHTS ARE LICENSED UNDER THIS AGREEMENT. NO 93VARIATION OF THE TERMS OF THIS AGREEMENT WILL BE ENFORCEABLE AGAINST 94Y&Y UNLESS Y&Y GIVES ITS EXPRESS CONSENT IN WRITING SIGNED BY AN 95OFFICER OF Y&Y. 96 97Lucida is a registered trademark of Bigelow & Holmes Incorporated. 98PostScript is a registered trademark of Adobe Systems Incorporated. 99