This is a contract between you and SparkyType. If you have any questions pertaining to the license agreement, please contact SparkyType at +64 4 236 7889 or www.sparkytype.com
1. The digital files downloaded to your computer contain font software that is the intellectual property of and is owned by SparkyType. This non-exclusive license grants you certain rights to use the font software and is not an agreement for sale of the font software or any portion of it. Except for your right to use the font software granted by this license, all other rights, title of the font software, related trademarks and trade names are owned and retained by SparkyType.
2. You can install and use the font software on multiple computers and multiple output devices provided that the total number of computers and output devices does not exceed the number of users specified in the applicable receipt. All computers must be at a single location. In addition, these computers can be connected to, and the font software used with, any number of output devices, such as a laser printer, ink jet printer, an imagesetter or a film recorder where the font software is not kept resident in the output device.
3. You may convert and install the font software into another format for use in other environments, subject to the following conditions: A computer on which the converted font software is used or installed shall be considered as your permitted computer. Use of the font software you have converted shall be pursuant to all the terms and conditions of this Agreement. Such converted font software may be used for your own customary internal business or personal use exclusively and may not be distributed or transferred for any purpose. You may not modify or remove the name(s) of the font software, copyright and trademark notices from the original files.
4. You may take a copy of the font(s) you have used for a particular file to a commercial printer or other service bureau, only if such service bureau already has a valid license from SparkyType to use that particular font software.
5. You are not authorized to sublicense, sell, lend or lease the font software. If additional characters or weights are required for a particular application, please contact SparkyType.
6. Limited Warranty. For a period of ninety (90) days after delivery, SparkyType warrants that the font software will perform in accordance with the specifications published by SparkyType. Your exclusive remedy and the sole liability of SparkyType in connection with the font software is repair or replacement of its defective parts within the ninety (90) day period after delivery. The warranty does not apply to any font software converted or modified by the user.
7. Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN CLAUSE 6, SPARKYTYPE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE SPECIFICALLY EXCLUDED. SparkyType DOES NOT WARRANT THE PERFORMANCE AND RESULT YOU MAY OBTAIN BY USING THE FONT SOFTWARE AND ACCEPT NO LIABILITY THERETO.
8. Limitation of Liability. IN NO EVENT WILL SPARKYTYPE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES INCLUDING ANY LOST PROFITS, LOST DATA OR LOST SAVINGS.
9. General. This Agreement will be governed by the laws of New Zealand. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.