Under Construction
Source: OSI text (2010Jul17)
¶1¶1ṣ1The Licensor provides the Licensed Program
(as defined in Article 1 below)
under the terms of this license agreement
(Agreement
). ¶1ṣ2Any use,
reproduction
or distribution of the Licensed Program,
or any exercise of rights
under this Agreement by a Recipient
(as defined in
Article 1
below)
constitutes the Recipient's acceptance of this Agreement.
§1Article 1 (Definitions)
1.
§1.1§1.1¶1ṣ1Digital Font Program
shall mean a computer program containing,
or used to render
or display fonts.
2.
§1.2§1.2¶1ṣ1Licensed Program
shall mean a Digital Font Program licensed by the Licensor
under this Agreement.
3.
§1.3§1.3¶1ṣ1Derived Program
shall mean a Digital Font Program
created as a result of a modification,
addition,
deletion,
replacement
or any other adaptation to
or of a part
or all of the Licensed Program,
and includes a case where a Digital Font Program
newly created by retrieving font information
from a part
or all of the Licensed Program
or Embedded Fonts
from a Digital Document File with
or without modification of the retrieved font information.
4.
§1.4§1.4¶1ṣ1Digital Content
shall mean products provided to end users in the form of digital data,
including video content,
motion
and/or still pictures,
TV programs
or other broadcasting content
and products consisting of character text,
pictures,
photographic images,
graphic symbols
and/or the like.
5.
§1.5§1.5¶1ṣ1Digital Document File
shall mean a PDF file
or other Digital Content created by various software programs in
which a part
or all of the Licensed Program becomes embedded
or contained in the file
for the display of the font
(Embedded Fonts
).
§1.5¶1ṣ2Embedded Fonts are used only in
the display of characters
in the particular Digital Document File within
which they are embedded,
and shall be distinguished
from those in any Digital Font Program,
which may be used
for display of characters outside
that particular Digital Document File.
6.
§1.6§1.6¶1ṣ1Computer
shall include a server in this Agreement.
7.
§1.7§1.7¶1ṣ1Reproduction
and Other Exploitation
shall mean reproduction,
transfer,
distribution,
lease,
public transmission,
presentation,
exhibition,
adaptation
and any other exploitation.
8.
§1.8§1.8¶1ṣ1Recipient
shall mean anyone who receives the Licensed Program
under this Agreement,
including one
that receives the Licensed Program
from a Recipient.
§2Article 2 (Grant of License)
§2¶1§2¶1ṣ1The Licensor grants to the Recipient a license to use the Licensed Program in any and all countries in accordance with each of the provisions set forth in this Agreement. §2¶1ṣ2However, any and all rights underlying in the Licensed Program shall be held by the Licensor. §2¶1ṣ3In no sense is this Agreement intended to transfer any right relating to the Licensed Program held by the Licensor except as specifically set forth herein or any right relating to any trademark, trade name, or service mark to the Recipient.
1. §2.1§2.1¶1ṣ1The Recipient may install the Licensed Program on any number of Computers and use the same in accordance with the provisions set forth in this Agreement.
2. §2.2§2.2¶1ṣ1The Recipient may use the Licensed Program, with or without modification in printed materials or in Digital Content as an expression of character texts or the like.
3. §2.3§2.3¶1ṣ1The Recipient may conduct Reproduction and Other Exploitation of the printed materials and Digital Content created in accordance with the preceding Paragraph, for commercial or non-commercial purposes and in any form of media including but not limited to broadcasting, communication and various recording media.
4. §2.4§2.4¶1ṣ1If any Recipient extracts Embedded Fonts from a Digital Document File to create a Derived Program, such Derived Program shall be subject to the terms of this agreement.
5. §2.5§2.5¶1ṣ1If any Recipient performs Reproduction or Other Exploitation of a Digital Document File in which Embedded Fonts of the Licensed Program are used only for rendering the Digital Content within such Digital Document File then such Recipient shall have no further obligations under this Agreement in relation to such actions.
6.
§2.6§2.6¶1ṣ1The Recipient may reproduce the Licensed Program as is without modification
and transfer such copies,
publicly transmit
or otherwise redistribute the Licensed Program to a third party
for commercial
or non-commercial purposes
(Redistribute
),
in accordance with the provisions set forth in
Article 3 Paragraph 2.
7. §2.7§2.7¶1ṣ1The Recipient may create, use, reproduce and/or Redistribute a Derived Program under the terms stated above for the Licensed Program: ṣ1.1provided, that the Recipient shall follow the provisions set forth in Article 3 Paragraph 1 when Redistributing the Derived Program.
§3Article 3 (Restriction)
§3¶1§3¶1ṣ1The license granted in the preceding Article shall be subject to the following restrictions:
1. §3.1§3.1¶1ṣ1If a Derived Program is Redistributed pursuant to Paragraph 4 and 7 of the preceding Article, the following conditions must be met :
- (1)
§3.1¶1.1§3.1¶1.1ṣ1The following must be
also Redistributed together with the Derived Program,
or be made available online
or by means of mailing mechanisms in exchange
for a cost
which does not exceed the total costs of postage,
storage medium
and handling fees:
- (a) ṣ1.aa copy of the Derived Program; and
- (b) ṣ1.bany additional file created by the font developing program in the course of creating the Derived Program that can be used for further modification of the Derived Program, if any.
- (2)
§3.1¶1.2§3.1¶1.2ṣ1It is required to
also Redistribute means to enable recipients of
the Derived Program
to replace the Derived Program
with the Licensed Program first released
under this License
(the
Original Program
). §3.1¶1.2ṣ2Such means may be to provide a difference file from the Original Program, or instructions setting out a method to replace the Derived Program with the Original Program. - (3) §3.1¶1.3§3.1¶1.3ṣ1The Recipient must license the Derived Program under the terms and conditions of this Agreement.
- (4) §3.1¶1.4§3.1¶1.4ṣ1No one may use or include the name of the Licensed Program as a program name, font name or file name of the Derived Program.
- (5) §3.1¶1.5§3.1¶1.5ṣ1Any material to be made available online or by means of mailing a medium to satisfy the requirements of this paragraph may be provided, verbatim, by any party wishing to do so.
2. §3.2§3.2¶1ṣ1If the Recipient Redistributes the Licensed Program pursuant to Paragraph 6 of the preceding Article, the Recipient shall meet all of the following conditions:
- (1) §3.2¶1.1§3.2¶1.1ṣ1The Recipient may not change the name of the Licensed Program.
- (2) §3.2¶1.2§3.2¶1.2ṣ1The Recipient may not alter or otherwise modify the Licensed Program.
- (3) §3.2¶1.3§3.2¶1.3ṣ1The Recipient must attach a copy of this Agreement to the Licensed Program.
3.
§3.3§3.3¶1ṣ1THIS LICENSED PROGRAM IS PROVIDED BY THE LICENSOR AS IS
AND ANY EXPRESSED
OR IMPLIED WARRANTY AS TO THE LICENSED PROGRAM
OR ANY DERIVED PROGRAM,
INCLUDING,
BUT NOT LIMITED TO,
WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY,
OR FITNESS
FOR A PARTICULAR PURPOSE,
ARE DISCLAIMED.
§3.3¶1ṣ2IN NO EVENT SHALL THE LICENSOR BE LIABLE
FOR ANY DIRECT,
INDIRECT,
INCIDENTAL,
SPECIAL,
EXTENDED,
EXEMPLARY,
OR CONSEQUENTIAL DAMAGES
(INCLUDING,
BUT NOT LIMITED TO;
ṣ2.1PROCUREMENT OF SUBSTITUTED GOODS
OR SERVICE;
ṣ2.2DAMAGES ARISING
FROM SYSTEM FAILURE;
ṣ2.3LOSS
OR CORRUPTION OF EXISTING DATA
OR PROGRAM;
ṣ2.4LOST PROFITS),
HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT,
STRICT LIABILITY
OR TORT
(INCLUDING NEGLIGENCE
OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE INSTALLATION,
USE,
THE REPRODUCTION
OR OTHER EXPLOITATION OF THE LICENSED PROGRAM
OR ANY DERIVED PROGRAM
OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER,
EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. §3.4§3.4¶1ṣ1The Licensor is under no obligation to respond to any technical questions or inquiries, or provide any other user support in connection with the installation, use or the Reproduction and Other Exploitation of the Licensed Program or Derived Programs thereof.
§4Article 4 (Termination of Agreement)
1. §4.1§4.1¶1ṣ1The term of this Agreement shall begin from the time of receipt of the Licensed Program by the Recipient and shall continue as long as the Recipient retains any such Licensed Program in any way.
2. §4.2§4.2¶1ṣ1Notwithstanding the provision set forth in the preceding Paragraph, in the event of the breach of any of the provisions set forth in this Agreement by the Recipient, this Agreement shall automatically terminate without any notice. §4.2¶1ṣ2In the case of such termination, the Recipient may not use or conduct Reproduction and Other Exploitation of the Licensed Program or a Derived Program: ṣ2.1provided that such termination shall not affect any rights of any other Recipient receiving the Licensed Program or the Derived Program from such Recipient who breached this Agreement.
§5Article 5 (Governing Law)
1. §5.1§5.1¶1ṣ1IPA may publish revised and/or new versions of this License. §5.1¶1ṣ2In such an event, the Recipient may select either this Agreement or any subsequent version of the Agreement in using, conducting the Reproduction and Other Exploitation of, or Redistributing the Licensed Program or a Derived Program. §5.1¶1ṣ3Other matters not specified above shall be subject to the Copyright Law of Japan and other related laws and regulations of Japan.
2. §5.2§5.2¶1ṣ1This Agreement shall be construed under the laws of Japan.
- thomas · alspaugh @ acm · org
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Attribution