You are on page 1of 6

PLEASE READ THESE LICENCE TERMS CAREFULLY

This end user licence agreement (“Licence”) is a legal agreement between you (“Licensee”
or “you”) and THE HONG KONG TYPE FOUNDRY LIMITED of Unit 607, 6/F CITA, 63 Tai
Yip Street, Kowloon Bay, Kowloon, Hong Kong (“Licensor”, “us” or “we”) for the Font
Software (as defined in condition 1 of this Licence).

By downloading and installing the Font Software, you agree to be bound by the terms of this
Licence. If you do not agree to any of the terms of this Licence, do not download, install, or in
any way use the Font Software.

We license the use of the Font Software to you on the basis of this Licence. We do not sell the
Font Software to you. We remain the owner of the Font Software at all times.

1. DEFINITIONS

1.1 For this Licence, except where the context otherwise requires, the following
expressions shall have the following meanings:

“Documents” includes business cards, reports, presentation slides, essays, product


packages, posters, pamphlets, books, magazines, CD album covers and accompanying
printed materials, subtitles, posts on social media and messaging platforms;

“Font Software” means the software accompanied by this Licence or for which you
are about to purchase a licence, which, when used with the appropriate device(s) and
together with the data provided with such software, generates typeface and
typographic designs and ornaments. Font Software shall include subsequent updates
and any other authorised modification and copy of the same;

“Personal or Internal Business Use” means any use that is within the scope of
your day-to-day activities or business by you and your immediate household members
or authorised employees/agents on Workstation(s) owned or operated by or on behalf
of you, and, excludes the supply of the Font Software (or the subset or derivative works
of the Font Software) to any third party;

“Warranty Period” means a period of 90 days from the date you obtain this Licence;

“Workstation” means a central processing unit (CPU) or any hardware component


in which you can give commands through keyboard or otherwise which are followed
by the Font Software or implement the Font Software.

2. GRANT AND SCOPE OF LICENCE, MINOR CHANGES, UPDATES

2.1 In consideration of you agreeing to abide by the terms of this Licence and subject to
condition 3 below, the Licensor hereby grants to you a non-exclusive, non-transferable
licence to use the Font Software for your Personal or Internal Business Use on the
terms of this Licence until terminated in accordance with this Licence.

2.2 You may:

2.2.1 install and use the Font Software only on 2 Workstations;

2.2.2 embed the Font Software in Documents as rasterised representation or as a


subset of the Font Software, provided that such Documents shall be
distributed in a secured format with reasonable technical measures that
ensure the recipient of the same can only view and print the text, but not edit

1
the text or in any way extract the embedded Font Software without first
obtaining a valid licence for the Font Software;

2.2.3 make and provide a copy of the Font Software used or embedded in a
Document to a commercial printer solely for printing such Document but not
for modification of such Document or use of the Font Software for any other
purposes; and

2.2.4 make up to 1 back-up copy of the Font Software for archival purposes only,
provided that you shall retain exclusive custody and control over such copies.

3. RESTRICTIONS AND UNDERTAKINGS

3.1 Except as expressly set out in this Licence or as permitted by any local law, you
undertake:

3.1.1 not to copy the Font Software or its documentation, except where such
copying is incidental to normal use of the Font Software or where it is
necessary for purposes permitted under conditions 2.2.2, 2.2.3, and 2.2.4;

3.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or
modify, the whole or any part of the Font Software nor permit the Font
Software or any part of it to be combined with, or become incorporated in,
any other programs;

3.1.3 not to disassemble, de-compile, reverse engineer or create derivative works


based on the whole or any part of the Font Software nor attempt to do any
such things;

3.1.4 to keep all copies of the Font Software secure and to maintain accurate and
up-to-date records of the number and locations of all copies of the Font
Software;

3.1.5 to include our copyright, trade mark and other proprietary information on all
entire and partial copies of the Font Software in any form;

3.1.6 not to provide, or otherwise make available, the Font Software in any form,
in whole or in part (including, but not limited to, program listings, object and
source program listings, object code and source code, access through cloud
service solutions) to any person without prior written consent from us, unless
as permitted in condition 2 above;

3.1.7 to put in place reasonable measures and precautions to prevent unauthorised


dissemination of, reproduction of, or access to the Font Software through any
Workstation owned by you or operated by or on behalf of you;

3.1.8 not to use the Font Software via any communications network or by means of
remote access;

3.1.9 in the event of change of Workstation, to immediately delete or remove the


Font Software from the Workstation with which you no longer intend to use
the Font Software, and download and install the Font Software on the
Workstation with which you intend to use the Font Software from us or from
an official distribution channel designated by us;

2
3.1.10 not to register any trade mark or design which consists of the typeface or
typographic designs or ornaments generated with the Font Software;

3.1.11 not to use or embed the Font Software in any other software, mobile
applications, webpage, or in any way convert, alter or modify the Font
Software into CSS code or any other binary data for use in webpage design;
and

3.1.12 to comply with all applicable technology control or export laws and
regulations.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 You acknowledge that all intellectual property rights in the Font Software throughout
the world belong to us, that rights in the Font Software are licensed (not sold) to you,
and that you have no intellectual property rights in, or to, the Font Software other than
the right to use the Font Software in accordance with the terms of this Licence.

4.2 You acknowledge that you have no right to have access to the Font Software in source
code form other than as expressly provided in this Licence.

5. REPRESENTATION AND WARRANTY

5.1 We warrant that:

5.1.1 the Font Software will, when properly used on an operating system for which
it was designed, perform substantially in accordance with the functions
described in its documentation;

5.1.2 its documentation correctly describes the operation of the Font Software in
all material respects

during the Warranty Period.

5.2 Condition 5.1 does not apply:

5.2.1 if the defect or fault in the Font Software results from you having altered or
modified the Font Software; or

5.2.2 if the defect or fault in the Font Software results from you having used the
Font Software in breach of the terms of this Licence.

5.3 All conditions, warranties or other terms and representation not included
in condition 5.1 which might have effect between you and us or be implied
or incorporated into this Licence or any collateral contract, whether by
statute, common law or otherwise, are hereby excluded, including the implied
conditions, warranties or other terms and representation as to:

5.3.1 satisfactory performance, results or quality;

5.3.2 fitness for any particular purpose for which you obtain this Licence;

5.3.3 merchantability of the Font Software;

5.3.4 use of reasonable skill and care in producing and supplying the Font
Software; and

3
5.3.5 non-infringement of rights of third parties (including intellectual property
rights).

6. LIMITATION AND EXCLUSION OF LIABILITY

6.1 Limitation and exclusion

6.1.1 We shall not in any circumstances have any liability for any losses or damages
which may be suffered by you (or any other person) whether the same are
suffered directly or indirectly or are immediate or consequential, and
whether the same arise in contract, tort (including negligence) or otherwise
howsoever, which fall within any of the following categories:

(a) special damage (even if we were or are aware of the


circumstances in which such special damage could or can
arise);

(b) loss of profits;

(c) loss of anticipated savings;

(d) loss of business;

(e) business interruption;

(f) loss of business opportunity;

(g) loss of goodwill; or

(h) corruption of data,

provided that this condition 6.1.1 shall not prevent claims for loss of or
damage to your tangible property that fall within the scope of condition 6.1.2
or any other claims or direct financial loss that are not excluded by any of
categories (a) to (h) (inclusive) of this condition 6.1.1.

6.1.2 The total liability of us, whether in contract, tort (including negligence) or
otherwise and whether in connection with this Licence or any collateral
contract, shall in no circumstances exceed a sum equal to the amount you
have paid for this Licence (the “Licence Fee”), and, to the extent permitted
by law, shall be discharged at Licensor’s sole discretion by: -

(a) refund of the Licence Fee, provided that you give us proof
of payment; or

(b) repair or replace the Font Software, provided that you give
us proof you have validly obtained this Licence and make
available all the information that may be necessary to help
us to remedy the defect or fault, including sufficient
information to enable us to recreate the defect or fault.

6.2 Limitation period. Any claim made pursuant to this Licence shall be made within
30 days following the day you are aware that such right of claim has arisen.

6.3 The exclusions and limitations in conditions 5.3 and 6.1 shall apply to the fullest extent
permissible at law, but we do not exclude liability for:

4
6.3.1 death or personal injury caused by the negligence of the Supplier, its officers,
employees, contractors or agents;

6.3.2 fraud or fraudulent misrepresentation; or

6.3.3 any other liability which may not be excluded by law.

6.4 You acknowledge that the Font Software has not been developed to meet your
individual requirements, and that it is therefore your responsibility to ensure that the
facilities and functions of the Font Software as described in its documentation meet
your requirements.

7. TERMINATION

7.1 We may terminate this Licence immediately by written notice to you if you commit a
breach of this Licence which you fail to remedy (if remediable) within 14 days after the
service of written notice requiring you to do so.

7.2 Upon termination for any reason:

7.2.1 all rights granted to you under this Licence shall cease;

7.2.2 you must cease all activities authorised by this Licence; and

7.2.3 you must immediately delete or remove the Font Software from all computer
equipment in your possession and immediately destroy or return to us (at our
option) all copies of the Font Software then in your possession, custody or
control and, in the case of destruction, certify to us that you have done so.

8. COMMUNICATIONS BETWEEN US

8.1 If you are a consumer, if you wish to contact us in writing, or if any condition in this
Licence requires you to give us notice in writing, you can send this to us by email or by
pre-paid post to us at Unit 607, 6/F CITA, 63 Tai Yip Street, Kowloon Bay, Kowloon,
Hong Kong. We will confirm receipt of this by contacting you in writing, normally by
email.

8.2 If we have to contact you or give you notice in writing, we will do so by email or by pre-
paid post to the address you provide or confirm to us.

9. OTHER IMPORTANT TERMS

9.1 Except as expressly provided in this Licence, our rights and remedies provided under
this Licence are in addition to, and not exclusive of, any rights or remedies provided
by law.

9.2 You agree to indemnify us and hold us harmless against any loss or damage which we
may suffer or incur as a result of your breach of this Licence, including but not limited
to loss of licence fee and the costs and expenses we may incur in preventing further
breach of this Licence or unauthorised access to the Font Software caused by your
breach of this Licence. Without prejudice to any other rights or remedies that we may
have, you acknowledge and agree that damages alone would not be an adequate
remedy for your breach of the terms of this Licence. Accordingly, we shall be entitled
to the remedies of injunctions, specific performance or other equitable relief for any
threatened or actual breach of this Licence.

5
9.3 We may transfer our rights and obligations under these terms to another organisation.
We will always tell you in writing if this happens and we will ensure that the transfer
will not affect your rights under the contract.

9.4 You may only transfer your rights or your obligations under this Licence to another
person if we agree in writing or as permitted in this Licence.

9.5 This agreement does not give rise to any rights under the Contracts (Rights of Third
Parties) Ordinance (Cap 623) to enforce any term of this Licence.

9.6 Each of the conditions of these terms operates separately. If any court or relevant
authority decides that any of them are unlawful, the remaining conditions will remain
in full force and effect.

9.7 If we do not insist immediately that you do anything you are required to do under these
terms, or if we delay in taking steps against you in respect of your breaking this
contract, that will not mean that you do not have to do those things and it will not
prevent us taking steps against you at a later date.

9.8 No variation of this Licence is effective unless we (or our authorised representatives)
have agreed in writing with you.

9.9 These terms are governed by Hong Kong law and any legal proceedings in respect of
the Font Software or this Licence shall be brought in the Hong Kong courts only.

You might also like