("Software") solely for Licensee's own internal business purposes in a single central
processing unit ("CPU"), optional associated display with a resolution of less than one
hundred fifty dots per inch, and, optionally, connected to a single or multiple output
device (the "Computer System"); (b) to use the digitally-encoded machine-readable
outline programs ("Font Programs") provided by Licensor in a special encrypted
format ("Coded Font Programs") and identified herewith to reproduce and display
designs, styles, weights, and versions of letters, numerals, characters and symbols
("Typefaces") solely for Licensee's own customary business or personal purposes on
the Computer System; and (c) to use the trademarks used by Licensor to identify the
Coded Font Programs and Typefaces reproduced therefrom ("Trademarks").Licensee
may assign its rights under this Agreement to a licensee of all of Licensee's right, title
and interest to such Software and Coded Font Programs provided the licensee agrees
to be bound by all of the terms and conditions of this Agreement.
2. Licensee acknowledges that the Software, Coded Font Programs, Typefaces and
Trademarks are proprietary to Licensor and its suppliers.Licensee agrees to hold the
Software and Coded Font Programs in confidence, disclosing the Software and
Coded Font Programs only to authorized employees having a need to use the
Software and Coded Font Programs as permitted by this Agreement and to take all
reasonable precautions to prevent disclosure to other parties.
3. Licensee will not make or have made, or permit to be made, any copies of the
Software or Coded Font Programs or portions thereof, except as necessary for its use
with a single Computer System hereunder.Licensee agrees that any such copies shall
contain the same proprietary notices which appear on or in the Software or the Coded
Font Programs.
4. Except as stated above, this Agreement does not grant Licensee any rights to
patents, copyrights, trade secrets, trade names, trademarks (whether registered or
unregistered), or any other rights, franchises, or licenses in respect of the Software,
Coded Font Programs, Typefaces, or Trademarks.Licensee will not adapt or use any
trademark or trade name which is likely to be similar to or confusing with that of
Licensor or any of its suppliers or take any other action which impairs or reduces the
trademark rights of Licensor or its suppliers.The Trademarks can only be used to
identify printed output produced by the Coded Font Programs.At the reasonable
request of Licensor, Licensee must supply samples of any Typeface identified by a
Trademark.
5. Licensee agrees that it will not attempt to alter, disassemble, decrypt or reverse
engineer the Software or Coded Font Programs.
6. Licensee acknowledges that the laws and regulations of the United States restrict
the export and re-export of commodities and technical data of United States origin,
including the Software or Coded Font Programs.Licensee agrees that it will not export
or re-export the Software or Coded Font Programs in any form without the appropriate
United States and foreign government licenses. Licensee agrees that its obligations
pursuant to this section shall survive and continue after any termination or expiration
of rights under this Agreement.
7. The Software licensed hereunder may be used to generate screen displays on a
single Computer System having a screen resolution of less than 150 dots per inch
and to generate output on the associated output device.Licensee agrees not to make
use of the Software, directly or indirectly, (i) to generate bitmap images on a screen
display with a resolution of 150 dots per inch or greater, (ii) to generate Typefaces for
use other than with the Computer System, or (iii) to generate printed output on other
than an output device that Licensor has designated to be approved for use with the
Software on the Computer System.Any failure of Licensee to comply with this
provision is a material breach of this End User Agreement.
8. NEITHER LICENSOR NOR ANY OF ITS REPRESENTATIVES MAKES OR
PASSES ON TO LICENSEE OR OTHER THIRD PARTY ANY WARRANTY OR
REPRESENTATION ON BEHALF OF LICENSOR'S THIRD PARTY SUPPLIERS.
9. Licensee is hereby notified that Adobe Systems Incorporated, a California
corporation located at 345 Park Avenue, San Jose, CA 95110-2704 ("Adobe") is a
third-party beneficiary to this Agreement to the extent that this Agreement contains
provisions which relate to Licensee's use of the Software, the Coded Font Programs,
the Typefaces and the Trademarks licensed hereby.Such provisions are made
expressly for the benefit of Adobe and are enforceable by Adobe in addition to
Licensor.
10. The Adobe Postscript Interpreter includes an implementation of LZW licensed
under U.S. Patent 4,558,302. The Adobe® PostScript© Interpreter, also referred to
as CPSI, is provided on an as is basis. SA International is not responsible for any
damages arising from the use of the program however caused and on any theory of
liability.
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© 2010 SA International