H. BERTHOLD TYPEFOUNDRY

Legal Notices

Berthold Direct Corp. (“Berthold”) provides you access to this web site (the “Site”) containing information, documents, software (purchase required), and services on the terms and conditions outlined below. By accessing or using this Site, you agree to these Terms of Use. If you do not agree to these Terms of Use, Berthold does not authorize you to use or access this Site.

Revocation of Authorization
If you breach any of these Terms of Use, Berthold’s authorization will automatically revoke, and you must immediately cease using and accessing this Site and the information, documents, and services, and you must destroy all copies you made of any information or documents contained in this Site. Use of font software purchased from this Site is governed by the Berthold End User License Agreement.

Changes to the Terms of Use
Berthold may change these Terms of Use from time to time at its sole discretion. Berthold will post any changes to these Terms of Use on this Site. Your use of this Site will be subject to the most current version of these Terms of Use at the time of such use.

Governing Law and Jurisdiction
By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the laws of the State of Illinois, U.S.A., without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and Federal courts located within Chicago, Illinois, U.S.A., with respect to such matters.

Property Rights; Limited License
The information, documents, software, and services available on this Site are the property of Berthold and/or its suppliers, and are protected by intellectual property laws, including copyright and trademark. Berthold grants you only the limited rights to use and access this Site and its services as expressly provided below.

The permission below does not include permission to copy the design elements, look and feel, or layout of this Site. Those elements of the Site are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner.

Use of Documents and Information
Except as otherwise prohibited on this Site, you may view, copy, print and download the documents and information available on this Site subject to your agreement that:

1. You will only use the documents and information solely for informational, internal, noncommercial purposes.
2. You will not distribute or disseminate the documents and information on the Site.
3. You will not modify or alter the documents and information (e.g. graphics) in any way.
4. You will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context.
5. For all permitted copies you make, you will retain the exact copyright, trademark and other proprietary notices that appear on and/or in the documents and information.

Use of Font Software & Licensed User Documentation
All font software packages available to purchase and download from this Site are governed by the terms of the Berthold End User License Agreement, which you must accept prior to completing your purchase. The font software packages are made available for purchase and download solely for use by end users according to the Berthold End User License Agreement. COPYING OR REPRODUCTION OF THE FONT SOFTWARE TO ANY OTHER SITE, SERVER OR LOCATION FOR FURTHER REPRODUCTION OR DISTRIBUTION IS EXPRESSLY PROHIBITED.

Berthold licenses its font software in the OpenType format that works on both Mac OSX or Windows OS. For a limited time Berthold will continue to offer Legacy Type 1 font software versions for either Mac (for use on MacOS only) or Windows (for use on Windows OS only). Berthold recommends using OpenType font software and not Type 1 font software. Berthold produces its font software according to Berthold's specifications. Berthold's font software is intended to be used with major, third-party software applications (not included with the font software) that are up-to-date and used on current Mac and Windows operating systems.

OpenType® is a font format developed by Microsoft and Adobe. There are two "flavors" of OpenType:
TrueType®-based outlines (.TTF file extension)
OpenType TrueType fonts are popular among home users, corporate users and hardware and software developers.

PostScript®-based outlines (.OTF file extension)
OpenType PostScript have replaced the original "PostScript Type 1" fonts and typically are used by graphic designers and creative professionals.

View Berthold End User License Agreement here.

Terms of Business
Berthold font software products are licensed, not sold. Therefore, when you purchase Berthold font software products you are purchasing limited rights to use the Berthold font software product selected subject to the terms and conditions of the Berthold End User License Agreement for basic licenses, or the Berthold Corporate License Agreement for expanded licenses.
 
Payment terms are as follows: Your right to use the Berthold font software products as described in the applicable license agreement is not effective until payment is received. Berthold does not accept purchase orders: the terms and conditions of the Berthold End User Agreement and/or the Berthold Corporate License Agreement supersede any other writings, negotiations, purchase orders, etc. between or among you, your purchasing agent (if applicable), and Berthold. If you are a purchasing agent who is purchasing a license to use the Berthold font software products for a third party, you are subject to these Terms of Use generally and these Terms of Business specifically.
 
There are no returns and no refunds on Berthold font software products. Berthold is not responsible for errors or omissions when an order is placed. It is your responsibility to check if the applications that you use support the font format that you are licensing, and that you are purchasing the correct licensing rights for your intended usage of the Berthold font software products.

Warranties and Disclaimers
Except as expressly provided otherwise in a separate written agreement between you and Berthold, ALL DOCUMENTS, INFORMATION, SOFTWARE (PURCHASE REQUIRED), AND SERVICES ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, BERTHOLD DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. BERTHOLD FURTHER MAKES NO WARRANTY THAT THE INFORMATION, DOCUMENTS, FONT SOFTWARE AND SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

IN NO EVENT WILL BERTHOLD BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM THE LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION FOR BREACH OF CONTRACT OR WARRANTY OR TORT (INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION, DOCUMENTS SOFTWARE, SERVICES, OR THE SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE DOCUMENTS, INFORMATION, SOFTWARE, AND SERVICES ON THIS SITE. THE DOCUMENTS, INFORMATION, SOFTWARE, SERVICES ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. BERTHOLD ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS, OR OMISSIONS IN THE DOCUMENTS, INFORMATION, SOFTWARE, AND SERVICES ON THIS SITE AND IN ANY OTHER REFERENCED OR ANY LINKED SITES.

BERTHOLD MAKES NO REPRESENTATION THAT THE DOCUMENTS, INFORMATION, SOFTWARE, SERVICES ON THIS SITE ARE APPROPRIATE OR AVAILABLE FOR USE WHERE YOU ARE LOCATED, AND ACCESSING THEM FROM WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. YOU ARE ACCESSING THIS SITE ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.

Links
This Site may contain links to third-party web sites that are not under the control of Berthold and Berthold is not responsible for the content of any linked site or the publications contained in the linked site. If you access a third-party web site from this Site, you are doing so at your own risk. Berthold may provide third-party links from this Site as a convenience and inclusion of third-party links does not imply that Berthold endorses or accepts any responsibility for the content or uses of such third-party web sites.

You may link to this Site provided that you are in compliance with these Terms of Use. In addition, you agree that you will immediately cease linking to this Site upon written notice (e.g. e-mail, fax, etc.) from Berthold requesting that you cease linking to this Site.

Trademark Information
This Site displays trademarks, logos and service marks that are the property of Berthold and/or other third parties. These Terms of Use do not grant you any rights to use the trademarks, logos and service marks.

Trademark Notices
Berthold, H. Berthold, the Berthold logo, the H. Berthold logo, Berthold Exklusiv Collection, Berthold Exklusivs, BQ, the BQ logo, Berthold Quality, Berthold-Qualität, Berthold Type Collection, AG Book, AG Old Face, AG Royal, AG Schoolbook, Agora, Aja, Akzidenz-Grotesk, Berthold Akzidenz-Grotesk, Berthold Alte Schwabacher, Arbiter, Arena New, Ariston, Arkona, Arrighi, Augustea, Avantis, Barmeno, Berthold Baskerville, Berthold Baskerville Book, Bellevue, Berliner Grotesk, Berthold-Script, Block, Block Berthold, Berthold Bodoni, Berthold Bodoni Old Face, Boton, Boulevard, Caprice, Berthold Caslon, Catull, Berthold Century, Champion, Chasseur, Christiana, City, Berthold City, Colossalis, Comenius, Concorde, Cornet, Berthold Corporate, Cosmos, Cremona, Daily News, Jaeger Daily News, Berthold Deepdene, Delta, Delta Jaeger, Donatus, El Greco, Berthold Englische Schreibschrift, Epikur, Evo, Fanfare, Flange, Formata, Franklin-Antiqua, Galathea, Berthold Garamond, Garamont Amsterdam, Gerstner, GGL, GGL Exklusiv, Helicon, Berthold Herold Reklameschrift, Imago, Jaeger-Antiqua, Jersey, Jaeger Jersey, Berthold Kennerley, Berthold Kis, Lapidar, Laudatio, Lo-Type, Lynton, Mainorm, Marbrook, Michelangelo, Mikaway, Nero, Nofret, Nordling, Normande, Osiris, Palette, Poppl, Poppl College, Poppl Exquisit, Poppl Fraktur, Poppl-Laudatio, Pontifex, Poppl-Pontifex, Poppl-Residenz, Post-Antiqua, Post-Mediaeval, Prado, Quadra 57, Quadriga, Sayer Esprit, Schneider-Antiqua, Schneider Libretto, Schueller, Senatus, Seneca, Signal, Signata, Simone, Solemnis, Sorbonne, Standard, Berthold Standard, Berthold Unger Fraktur, Vergil, Viola, Berthold Walbaum, Berthold Walbaum Book, Berthold Walbaum Standard and Whittingham are trademarks of Berthold Types Limited.

Beton, Dynamo, Futura and Gilles Gothic are trademarks of Bauer Types, SA.

Other typefaces or products referred to on this Site may be the trademarks or registered trademarks of Berthold or other persons. This publication also may refer to other company names or products which are trademarks or registered trademarks of their respective owners.

Copyright Claims
Berthold will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this site:

By mail:
Copyright Agent
Berthold Direct Corp.
47 W. Polk St. #100-175
Chicago, Illinois 60605
By Fax: +1 312-276-4878
By Email: ip@bertholdtypes.com

To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Viewer Feedback and Suggestions
All information, feedback, data, questions, comments or suggestions regarding the content of this publication or other publication of Berthold and made by you or any viewer of this publication will not be considered confidential. You agree that Berthold will have all rights to reproduce, disclose, distribute and otherwise use any such response for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products based upon any such responses.