PRESENTATION FONT EMBEDDER END USER LICENSE AGREEMENT
Last updated on September 16th, 2017
Presentation Font Embedder (“Licensed Application”) is licensed, not sold, to You for use only under the terms of this End User License Agreement (“EULA”). The application creators, Ariel Leviatan and Sahar Radomsky (“Licensors”), reserve all rights not expressly granted to You.
- Scope of License: This license granted to you for the Licensed Application by the Licensors is limited to a nontransferable license to use the Licensed Application on computers that you own or control. This use, whether in activated or non-activated form must occur in compliance with these terms. This license begins with your agreement to them. Installation or execution of the Licensed Application by you constitutes an agreement.
You may not rent, lease, lend, sell, transfer, or sublicense the Licensed Application in its activated or non-activated forms. You may not redistribute the Licensed Application in its activated form, however, you may redistribute the Licensed Application in its non-activated form, as long as you redistribute an unaltered and current version, on a small volume among your own social and professional peers.
- Non-Activated Use. When installed and run without the entry of an activation key, the Licensed Application may be used for the sole purpose of evaluation of its functionality. You may not use a non-activated installation of the Licensed Applications for any other purpose. You will not circumvent any mechanism that the Licensed Application employs when in non-activated mode, including, but not limited to, the insertion of watermarks, time-limits on use, time-delays when in use, and messages reminding you to activate. You will not remove any of the watermarks inserted by the Licensed Application into presentations.
- Activated Use. The Licensed Application will activate upon the insertion of a valid activation key. You may not redistribute activation keys, and may not activate the Licensed Application using the same activation key on more computers and/or operating systems than the activation key was provided by the Licensors for. You may not circumvent the activation mechanism of the Licensed Application to achieve activation without an activation key or with an invalid activation key. The licensors reserve the right to invalidate activation keys for any reason. In the event that a legitimately obtained activation key that you own has been invalidated, you may obtain a new, valid activation key from the Licensors.
- You may not install on or make the Licensed Application available to multiple computers in its activated form on a sharing-, rotating-, time-, or other bases unless you obtain a separate license for each and every computer that you intend to install the Licensed Application on. If you sell your computer to a third party, you must remove an activated Licensed Application from the computer before doing so.
- Reverse Engineering. You may not decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Licensors and their licensors. If you breach this restriction, you may be subject to prosecutions and damages. The terms of this EULA will govern any upgrades provided by the Licensors that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- Consent to Use of Data. You agree that Licensors may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the activation of the Licensed Application, provision of software updates, product support, and other services to you (if any) related to the Licensed Application. The Licensors may use this information, which, in the case of an activated application may personally identify you, to improve their products or to provide services or technologies to you.
Furthermore, when you obtain an activation key for the Licensed Application you also agree to allow the Licensors the use of your name, title, locality, employer name, and employer logo on the Licensors’ print and digital communication materials for denoting you as a customer of the Licensors’ Licensed Application in customer showcases and published case studies. You may opt out of this use by explicitly requesting so from the Licensors by means of written communication.
- In order for the Licensors to reduce license fraud and misuse of copies of the Licensed Application, an activation of any installation of the Licensed Application is necessary prior to use. Activation may be done by a method chosen by the Licensors and in most cases will require a connection to the internet. In addition, the Licensed Application will periodically reconfirm the validity of its license and activation over the internet, and may, in case of misuse, deactivate and disable all functionality.
- This EULA is effective until terminated by you or the Licensors. Your rights under this EULA will terminate automatically without notice from the Licensors if you fail to comply with any term(s) of this license. Upon termination of the EULA, you shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
- Font Licenses. You agree to honor the license agreements of font software you intend to embed with the Licensed Application and to not embed fonts whose creators do not permit embedding. You also agree to not circumvent any embedding restrictions set forth within font software by its creators in order to force the Licensed Application to embed such software.
- External Services; Third-Party Materials. The Licensed Application may enable access to the Licensors’ and/or third-party services and websites (collectively and individually, “External Services”). Use of the External Services requires Internet access and use of certain External Services may require you to accept additional terms.
You understand that by using any of the External Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. This may occur despite the Licensors’ best effort to prevent and avoid such circumstances. Nevertheless, you agree to use the External Services at your sole risk and that neither the Licensors nor their agents shall have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain External Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the External Services, you acknowledge and agree that neither the Licensors nor their agents are responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Neither the Licensor nor their agents warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
You agree that the External Services contain proprietary content, information and material that is owned by the Licensors and/or their agents or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services or in any manner that is inconsistent with the terms of this EULA or that infringes any intellectual property rights of the Licensors or any third party. No portion of the External Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External Services, in any manner, and you shall not exploit the External Services in any unauthorized way whatsoever, including but not limited to, using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither the Licensors nor their agents are in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Services.
In addition, External Services and Third Party Materials that may be accessed from, displayed on or linked to from the Licensed Application are not available in all languages or in all countries or regions. The Licensors makes no representation that such External Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such External Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Licensors reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such External Services. Licensor may also impose limits on the use of or access to certain External Services, in any case and without notice or liability.
- NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. THE LICENSORS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
- You are hereby representing that prior to the purchase of the Licensed Application you made all of the necessary checks and examinations to ensure that the Licensed Application conforms to your needs. The Licensors shall not be obligated to refund the cost of the Licensed Application should you discover that it functions differently than you were expecting.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSORS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) surpass your original purchase cost of the Licensed Application. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- You agree that in the event of the Licensors transferring their rights or interests in the Licensed Application to any third-party entity including but not limited to a limited liability entity, the Licensors may elect but not be forced to transfer ALL obligations and claims against them in relation to the Licensed Application or this agreement, to the aforementioned third party.
- Any questions, complaints or claims that you may have with respect to the Licensed Application should be directed to the Licensors.
- You acknowledge and agree that both Licensors are equal beneficiaries of this EULA, and that, upon your purchase of the Licensed Application and your acceptance of the terms and conditions of this agreement thereof, both, jointly and separately, will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as beneficiaries thereof.
The laws of the Swiss Confederation, excluding its conflicts of law rules, govern this License and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.