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