TeX Users Group (TUG) - Lucida Fonts Site License Agreement (2006-04-06) This Site License allows use of the Lucida Fonts, as described below, within an organization, by up to a certain number of the organization's members. If use by a single named individual is desired, an End User License should be acquired instead. 0) Definitions: 0a) "Site Licensee" means a firm, corporation, organization, or agency, which is authorized by TUG to use, reproduce and distribute one or more licensed Lucida Fonts to Site Licensee's members, employees or individual contractors (the "Site Licensee Users") within the organization. 0b) "Font" means the digital software programs and data representing a typeface. 0c) "Lucida Fonts" means those Fonts which Site Licensee has ordered from TUG and TUG has licensed from Bigelow & Holmes Inc. 1) Scope of Use: TUG grants Site Licensee a nonexclusive sublicense to: 1a) use the Lucida Fonts for display and printout of text and other information; 1b) embed the Lucida Fonts in documents for transfer, display and printout, but not for transfer or sublicense of the Lucida Fonts to others; 1c) allow up to a specified number of Site Licensee Users to use the Lucida Fonts as in 1a and 1b; 1d) reproduce and distribute copies of the Lucida Fonts for use only by Site Licensee Users within the Site Licensee's organization. 2) No Assignment: Site Licensee may not sublicense, assign, or transfer the license of the Lucida Fonts outside of Site Licensee's organization. 3) Copying and Use Restrictions: Site Licensee may not make, or have made, or permit to be made, any copies of the Lucida Fonts or portions thereof except as necessary for its use hereunder, as for example, for the licensed use by the Site Licensee Users, and routine back-up copies. Site Licensee agrees to notify TUG of any reproduction, distribution, or use of Lucida Fonts in excess of the number permitted by the sublicense. Site Licensee agrees that any copies made of a Lucida Font shall contain the same proprietary notices that appear on or in the Lucida Font. 4) No Modification: Site Licensee may not adapt, translate or modify the Lucida Fonts. 5) No Other Rights: Except as stated above, this Agreement does not grant Site Licensee any rights to patents, copyrights, trademarks (whether registered or unregistered), tradenames, trade secrets or any other rights, franchises, or licenses in respect to the Lucida Fonts or the Lucida trademark(s). Site Licensee acknowledges that all proprietary rights in the Lucida Fonts remain at all times with Bigelow & Holmes Inc. Any use of the trademark Lucida in marketing, advertising, trade, or commerce, except for editorial reference to Fonts, must identify the mark with the symbol R in a circle, and the phrase "Lucida is a trademark of Bigelow & Holmes Inc. registered in the U.S. Patent & Trademark Office and other jurisdictions". 6) Export: Site 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 Lucida Fonts, in any form without the appropriate United States and foreign government licenses. Site Licensee agrees that its obligations pursuant to this section shall survive and continue after any termination or expiration of rights under this Agreement. 7) Term: The License is effective until terminated. TUG has the right to terminate this license immediately if Site Licensee fails to comply with any term of this Agreement. Upon any such termination Site Licensee shall destroy the original and any copies of the Software, and related documentation, and cease all use of the trademarks. 8) Beneficiary: Bigelow & Holmes Inc. is a third-party beneficiary of this license agreement, and has the right to enforce any and all obligations of the license. 9) No Warranty: SITE LICENSEE ACKNOWLEDGES THAT NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING NO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE, ARE PROVIDED WITH RESPECT TO THE LUCIDA TRADEMARK OR LUCIDA FONTS, AND IN NO EVENT SHALL TUG OR BIGELOW & HOLMES INC. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OCCURRING FROM THE LICENSE OR SUBLICENSE OF RIGHTS GRANTED HEREUNDER OR ARISING FROM THE USE OR INABILITY TO USE THE LUCIDA FONTS. 10) Governing Law: This Agreement will be governed by the laws in force in the State of Oregon, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Oregon to the rights and duties of the parties. The provisions of the United Nations Convention on the International Sales of Goods are hereby disclaimed and excluded. 11) Entire Agreement: SITE LICENSEE ACKNOWLEDGES THAT SITE LICENSEE HAS READ THIS AGREEMENT, UNDERSTANDS IT AND THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF ITS AGREEMENT WITH TUG WHICH SUPERSEDES ANY PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN TUG AND SITE LICENSEE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND THAT SITE LICENSEE'S OBLIGATIONS UNDER THIS AGREEMENT SHALL INURE TO THE BENEFIT OF TUG'S LICENSORS WHOSE RIGHTS ARE LICENSED UNDER THIS AGREEMENT. NO VARIATION OF THE TERMS OF THIS AGREEMENT WILL BE ENFORCEABLE AGAINST TUG UNLESS TUG GIVES ITS EXPRESS CONSENT IN WRITING SIGNED BY AN OFFICER OF TUG. TUG contact information for any and all notifications, correspondence, and questions related to this license: TeX Users Group, attn: Lucida PO Box 2311 Portland, OR 97208-2311 USA fax number: +1 815-301-3568 electronic mail address: lucida-admin@tug.org web address: http://tug.org/store/lucida -- (R) Lucida is a trademark of Bigelow & Holmes Inc. registered in the U.S. Patent & Trademark Office and other jurisdictions.