Application & Utility Software

Permitted Number of Computers: 1 Computer Licence

NOTICE TO USER:
THIS IS A CONTRACT. BY OPENING THIS PACKAGING OR ACCEPTING DELIVERY VIA ELECTRONIC DATA TRANSFER YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS END-USER LICENCE AGREEMENT (E.U.L.A.).

If you do not agree with the terms and conditions of this End-User Licence Agreement, return this product envelope, UNOPENED, along with the rest of the package, to Marek Cerajewski (MCType Typography) ("MCType") or the location where you obtained it. A restocking fee may apply.

This package contains software ("Software") and related documentation ("Documentation"). The term "Software" shall also include any upgrades, modified versions, and copies of the Software Licensed to you by Marek Cerajewski (MCType Typography). Marek Cerajewski (MCType Typography) grants to you a non-exclusive Licence to use the Software and Documentation, provided that you agree to the following:

Use of the Software

You may:

• Install the Software in a single location on a hard disk or other storage device up to the number of computers indicated at the beginning of this Licence Agreement ("Permitted Number of Computers"); or
• Provided the Software is configured for network use, install and use the Software on a single file server for use on a single local area network for either one (but not both) of the following purposes:

1. permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or
2. use of the Software over such network, provided the number of different computers on which the Software is used does not exceed the Permitted Number of Computers. For example, if there are 100 computers connected to the server, with no more than fifteen computers ever using the Software concurrently, but the Software will be used on 25 different computers at various points in time, the Permitted Number of Computers for which you need a Licence is 25.

• The primary user of each computer on which the Software is permanently installed or connected to a server on which the Software is installed, may also install the Software on a home or portable computer. However, the Software may not be used on the secondary computer by another person at the same time the Software on the primary computer is being used.
• Make one backup copy of the Software.

FONT SOFTWARE: If the Software includes font software, you may use the font software as described above on the Permitted Number of Computers and may output such font software on any output devices connected to such computers.

In addition, you may:

• If the Permitted Number of Computers is five or fewer, download the font software to the memory (hard disk or RAM) of one output device connected to at least one of such computers for the purpose of having such font software remain resident in the output device, and of one additional such output device for every multiple of five represented by the Permitted Number of Computers.
• Take a copy of the font(s) you have used for a particular file to a commercial printer or other service bureau, if such service bureau has informed you that it has purchased or been granted a Licence to use that particular font software.

Copyright; Limited Licence

The Software is owned by Marek Cerajewski (MCType Typography) and his suppliers, and its structure, organisation, and code are the valuable trade secrets of Marek Cerajewski (MCType Typography) and his suppliers. The Software is also protected by the Canada Copyright and Design Right Law and International Treaty provisions. You may not copy the Software or the Documentation, except as set forth in the "Use of the Software" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Trademarks can only be used to identify printed output produced by the Software. The use of any trademark as herein authorised does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any rights to intellectual property rights in the Software.

Transfer of Licence

You may not rent, lease, sublicense, or lend the Software or Documentation. You may, however, transfer all your rights to use the Software to another person or legal entity provided that you transfer this Agreement and transfer (or destroy) the Software, including all copies, updates and prior versions, and all Documentation to such person or entity and provided that you retain no copies, including copies stored on a computer.

Multiple Environment Software

If this package contains two or more versions of the Software (e.g. Macintosh® and Windows™), the total number of copies of all versions of the Software which you make may not exceed the number permitted by the "Use of the Software" section except that you may also possess one back-up copy, in accordance with the terms of this Agreement, for each version of the Software you use. You may not loan, rent, lease or transfer versions of the Software you do not use except as part of the permanent transfer of all Software and Documentation as described above.

Limited Warranty Disclaimer

NO WARRANTY OF ANY KIND APPLIES TO ANY OF THE FOLLOWING: SHAREWARE, FREEWARE, "BETA" PRERELEASES, AND TRIAL PRODUCTS.

Marek Cerajewski (MCType Typography) warrants to you that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following your receipt of the Software. To make a warranty claim, you must return the Software to the location where you obtained it along with a copy of your sales receipt within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at Marek Cerajewski's (MCType Typography) option, the replacement of the Software or the refund of the Licence fee you paid for the Software.

MAREK CERAJEWSKI (MCTYPE TYPOGRAPHY) AND HIS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. SAVE FOR MALFUNCTION OF THE SOFTWARE RESULTING IN DEATH OR PERSONAL INJURY TO ANY PERSON. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MAREK CERAJEWSKI'S (MCTYPE TYPOGRAPHY) OR HIS SUPPLIERS BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, MAREK CERAJEWSKI (MCTYPE TYPOGRAPHY) AND HIS SUPPLIERS MAKE NO WARRANTIES EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL MAREK CERAJEWSKI (MCTYPE TYPOGRAPHY) OR HIS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF MAREK CERAJEWSKI'S (MCTYPE TYPOGRAPHY) REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

Governing Law and Jurisdiction

This Agreement will be governed by the statutes and laws of the Province of Ontario and the statutes and laws of Canada. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by Marek Cerajewski or an authorised officer of MCType Typography. Unpublished-rights reserved under the copyright laws of Canada.

Marek Cerajewski (MCType Typography)
marek_cerajewski@mctype.com

Marek Cerajewski (MCType Typography)
P.O.Box 7142
Windsor, ON.  N9C 3Z1
CANADA

Marek Cerajewski (MCType Typography)
804-373 Detroit Street
Windsor, ON.  N9C 4B4
CANADA