WE RECOMMEND THAT YOU PRINT THIS FONT SOFTWARE END USER LICENSE AGREEMENT FOR FURTHER REFERENCE.
This Font Software End User License Agreement (“Agreement”) is a legal agreement between you and Cummins Inc. (“Cummins”) that governs the use of the Font Software (as defined herein). This Agreement becomes a binding contract between you and Cummins when you install the fonts, use the fonts, upload the fonts, or when you accept the Agreement by any other means. If you do not wish to be bound by the Agreement, you cannot access or use the Font Software.
Please read this entire Agreement before agreeing to be bound.
You hereby agree to the following:
- Binding Agreement. You are bound by the Agreement, and you acknowledge that all use of the Font Software supplied to you by Cummins for the purposes set forth under this Agreement is governed by this Agreement.
- License Grants. You are hereby granted, subject to all the terms and conditions herein, a worldwide, non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to allow your Licensed Desktop Users to:
- Install the Font Software on such Licensed Desktop User’s Workstation(s);
- Install the Font Software on a Server on which the Font Software may only be accessed by
your Licensed Desktop Users; - Use the Font Software on such Workstations or via such Server to:
- create, edit, view, print and distribute materials, provided that, (a) if you distribute such materials, the materials do not contain the Font Software, and (b) if you create a static graphic image with a representation of a typeface and typographic design or ornament, such static graphic image does not correspond to glyphs or glyph combinations of the Font Software which are individually addressed by software, a website, a hardware device or other means to render such designs and ornaments; and/or
- embed the Font Software into Electronic Documents and duplicate the Font Software as an integrated part of any such Electronic Document, provided that Electronic Documents with embedded Font Software may only be distributed if the Font Software cannot be fully or partially extracted from such Electronic Documents.
- make backup copies of the Font Software, provided that such copies are for your internal backup purposes only and remain in your exclusive control. Any copies that you are expressly permitted to make pursuant to this Agreement must contain the same copyright, Trademark, and other proprietary notices that appear on or in the Font Software.
- Commercial Printers. You may embed the Font Software in an Electronic Document solely for print and view and provide such Electronic Document to a commercial printer for printing only.
- Trademarks. You agree to use Trademarks associated with the Font Software according to accepted Trademark practice, including identification of the Trademark owner’s name. Trademarks can only be used to identify printed output produced by the Font Software. The use of any Trademark as herein authorized does not give you any rights of ownership in that Trademark and all use of any Trademark shall inure to the sole benefit of Cummins. You may not change any Trademark or trade name designation for the Font Software. Cummins expressly reserves all copyrights, Trademarks, and any other intellectual property rights in and to the Font
Software. - License Limitations and Reporting. The maximum number of Licensed Desktop Users who may exercise the rights granted to you on your behalf may not exceed the number of Licensed Desktop Users indicated in your Account or transaction documentation such as a quotation or an invoice when licensing the Font Software. You are responsible for compliance with the terms of this Agreement by all such Licensed Desktop Users. If the number of Licensed Desktop Users was not indicated when you downloaded the Font software, the number is one (1).
You have licensed rights in this Agreement that may be subject to certain limitations in volume, which are reflected in your Account or in your transaction documentation such as a quotation or an invoice. You are obligated to maintain records with respect to your Use of the Font Software against such licensed amounts and Cummins or its agents has the right to ask you, from time to time, to provide information regarding such Use amounts and/or to fully document and certify that Use of any and all Font Software at the time of the request is in conformity with your valid licenses from Cummins, which you shall provide to us within 30 days of our request. In the event your Use of the Font Software exceeds your licensed amounts, you agree to license from Cummins the necessary additional amounts and pay any fee associated with such increase. - Restrictions on Use. You may not:
Transfer your license rights in the Font Software, except as expressly provided herein. You may transfer all your rights to use the Font Software to another person or legal entity provided that (i) the transferee accepts and agrees to be bound by all the terms and conditions of the Agreement,
(ii) you destroy all copies of the Font Software, including all copies stored in the memory of a hardware device and (iii) there is no change to the intent or scope of the rights granted by this Agreement as a result of such transfer.
Rent, lease, sublicense, give, lend, or further distribute the Font Software, or any copy thereof, except as expressly provided herein.
Modify the Font Software in any way, including to create, directly or indirectly, Derivative Works from the Font Software or any portion thereof (except as otherwise specifically set forth herein). If the Font Software contains embedding bits that indicate that the Font Software is only
authorized for certain purposes, you may not change or alter the embedding bits.
Embed the Font Software in open-source software which may have the direct or indirect effect of causing the Font Software to become Publicly Available Software or otherwise be subject to a Publicly Available Software agreement. - Intellectual and Industrial Property Rights.
You agree that the Font Software is protected by the copyright law or other intellectual and industrial property rights of the United States and its various states, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties.
You agree that Cummins and or/its licensors own all right, title and interest in and to the Font Software, its structure, organization, code, and related files, including all intellectual and industrial property rights therein such as copyright, design and Trademarks rights.
You agree that the Font Software, its structure, organization, code, and related files are valuable property of Cummins and/or its licensors and that any intentional or negligent Use of the Font Software not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights.
All rights in and to the Font Software, including unpublished rights, are reserved under the copyright laws of the United States and other jurisdictions. - Limited Warranty; Limitation of Liability. The Font Software is provided “as is.” The entire risk as to the quality and performance of the Font Software rests upon you. There are no warranties and conditions, express or implied, including but not limited to any implied warranties or merchantability or fitness for a particular purpose, made by Cummins with respect to the Font Software. ANY IMPLIED WARRANTYOR CONDITION CREATED BY LW IS ONLY EFFECTIVE FOR A THIRTY (30) DAY WARRANTY PERIOD. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE THIRTY (30) DAY WARRANTY PERIOD. IN NO EVENT WILL CUMMINS BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF CUMMINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF CUMMINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, special damages, or implied warranties, so the exclusions noted above may not apply. Otherwise, and to the extent permissible by law, you agree that all implied warranties are not effective for more than thirty (30) days or the shortest period of time allowed by law, whichever is less. - Termination. Upon failure by you or your Licensed Desktop User to comply with the terms of this Agreement, Cummins shall be entitled to terminate this Agreement upon notice by regular mail, paid carrier or email. Upon termination of the Agreement, you must destroy the original and any and all copies of the Font Software. The termination of the Agreement shall not preclude Cummins from suing you for damages of any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Cummins.
- Terms and Conditions. You have separately agreed to Cummins’s standard Terms and Conditions of Business, which include provisions relating to governing law and jurisdiction, export restrictions and U.S. government contracts. In the case of a conflict between Cummins’s standard Terms and Conditions of Business and this Agreement, this Agreement shall control.
- Audit. You agree that if Cummins has reasonable grounds for suspecting that this Agreement is being or has been breached, we have the right to require an audit of the use of the Font Software. Within fifteen (15) days of a request, Cummins has the right to inspect your systems and devices
in order to verify that your use of the Font Software is in conformity with this Agreement. You agree to fully cooperate with such an audit and provide Cummins with all requested records and information that would verify your use.
If Cummins determines that your use is in violation of this Agreement, you acknowledge and agree that you are required to buy a license that would bring your use into compliance. Cummins reserves the right to seek any other remedies available at law or in equity. - Definitions.
- “Account” means your account at the Cummins affiliated website through which you purchased the Font Software license that is subject to the terms of this Agreement.
- “Commercial Electronic Document” means an Electronic Document which may be distributed to the general public (or to some subset of the general public) as a commercial product for a fee or other consideration (for example, an e-book). For the avoidance of doubt, an Electronic Document that is created for one’s own internal use only or for distribution in a manner that is incidental to its business (for example an instruction manual that explains its product), is not considered a Commercial Electronic Document under this Agreement.
- “Cummins” means collectively Cummins, Inc., its successors and assigns, its parent, and affiliated, its authorized distributors, and any third party that has licensed to Cummins any or all of the components of the Font Software supplied to you pursuant to the Agreement.
- “Derivative Work” means a work, including but not limited to software or data based upon or derived from the Font Software (or any portion of Font Software) in any form in which such software or data may be recast, transformed, or adapted including, but not limited to, binary data in any format into which Font Software may be converted.
- “Electronic Document” means an electronic document or data file, for example a .pdf manual or an e-book, which is created by Use of the Font Software.
- “Font Software” means software or instructions which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Font Software shall include all Subsets and bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. Font Software includes upgrades or updates (each of which may be provided to you by Cummins in its sole discretion), related files, permitted modifications, permitted copies, and related documentation.
- “Licensed Desktop User” means any user up to the number of individuals who may exercise the license grants to the Font Software under this Agreement, as indicated in your Account or transaction documentation such as a quotation or an invoice, whether or not such user does actually exercise such rights. Licensed Desktop Users may be your employees. The number of Licensed Desktop Users shall be counted regardless of whether and when actual Use occurs and thus equal the total of all individuals who are authorized and can potentially Use the Font Software during the Term (non-concurrent use).
- “Publicly Available Software” means a) any software that contains, or is derived in any manner (in whole or in part) from, any software that is distributed as free software, open source software (e.g. Linux) or similar licensing or distribution models; and (b) any software that requires as a condition of use, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software (i) be disclosed or distributed in source code form, (ii) be licensed for the purpose of making Derivative Works, or (iii) be redistributable at no charge.
- “Server” means any server that is either (a) maintained on your premises; (b) under your exclusive control; or (c) owned and controlled by a third party hosting service for your benefit, provided that you (i) have a written agreement regarding the Use and protection of the Font Software installed on such server, and (ii) shall remain responsible for any unauthorized access to and security of the Font Software on such Server.
- “Trademarks” means the trademark for each piece of Font Software under which Cummins markets the Font Software.
- “Use” of the Font Software shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software, regardless of the location in which the Font Software resides. Use of the Font Software shall also occur when the software or instructions are executed.
- “Workstation” means a hardware component in which an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software or implement the Font Software, regardless of the location in which the Font Software resides.
