Terms of Use for “Brother Creative Center”
“Brother Creative Center” websites and its related services and Contents (as defined in below, and here under same) (collectively, “ Creative Center”) are developed and provided by Brother Industries Ltd. whose registered office is at 15-1 Naeshiro-cho, Mizuho-ku, Nagoya 467-8561, Japan (“Brother”).
By accepting these Terms of Use (by clicking “Yes” “Accept” or “Accepted” buttons, or by inserting check in a dialog box) , you agree to be bound by all terms and conditions set forth herein (“Terms of Use”). If you do not agree to be bound by these Terms of Use, you are not authorized to use Creative Center. Brother may revise or update the Terms of Use at any time at its discretion and any of the revised or updated Terms of Use becomes valid at the time those are uploaded to the website. You are deemed to be agreed to the revised or updated version of Terms of Use if you have made access to any services or Contents in Creative Center and started use of the Creative Center even after the revised or updated version of such Terms of Use has been uploaded to the website.
These Terms of Use govern the use of Creative Center only. Any other websites which are linked to Creative Center and managed or operated by Brother, its affiliates, or any third parties, are governed by separate terms and conditions. In addition, you acknowledge that you may be required to agree to other terms and conditions (including, but not limited to those named “End User License Agreement”, hereinafter “EULA”) when you download certain Contents provided on Creative Center. For avoidance of doubt, in case of any conflict between the Terms of Use and the EULA provided for certain Contents, the terms and conditions of the EULA shall prevail and solely govern the use of such particular Contents.
In some countries, use of particular contents is limited to users that are registered to Brother Online web services. If Brother Online web services are available for use in your country of residence, you will be able to use such contents by; a) signing up and agreeing to terms and conditions of use for Brother Online, and b) signing in to the Brother Online service.
Use of Contents
On Creative Center, Brother provides you various contents, tools and materials including, but not limited to, graphics, pictures, texts, sketches, drawings, software, logos (collectively, “Contents”). Brother or its third party licensors shall reserve all intellectual property rights (the rights which could be protected by copyright, design, trademark and other intellectual property laws) to the Contents made available on Creative Center. Brother authorizes you to view, use, edit and download the Contents to your digital devices (including, but not limited to, PC, tablet PC, and smartphone, and hereunder same). For example, you may use and edit the Contents for making greeting cards, calendars, name cards, business cards, letterheads, leaflets, invoices, paper crafts, posters, stickers, letters, newsletters presentation sheets, and any other kind of documents. Terms provided herein are not intended to restrict and/or prohibit you from using the Contents in your office (provided that, you shall comply with all other terms and conditions provided in the Terms of Use and the applicable EULA), however, you must not sell, rent, publish or otherwise distribute the Contents in the exact format provided on the platform to third parties for the purpose of seeking or gaining any monetary revenues directly from such Contents. Except as granted in the Terms of Use, EULA, or other applicable terms provided in the mandatory laws, YOU ARE PROHIBITED FROM REPRODUCING, DISTRIBUTING, MODIFYING, DISPLAYING, SHOWING, PUBLICLY TRANSMITTING OR OTHERWISE CREATING DERIVATIVE PRODUCTS OF ANY OF THE CONTENTS, IN WHOLE OR IN PART, REGARDLESS OF FORM OR MEDIUM, WITHOUT AQUIRING PRIOR WRITTEN PERMISSION FROM THE OWNER(S) OF THE INTELLECTUAL PROPERTY RIGHT OF SUCH CONTENTS. YOU MAY BE HELD RESPONSIBLE BY THIS OWNER(S) FOR ANY INFRINGEMENT OF SUCH RIGHT BY YOU.
Upload of User Information
In the event that you upload your materials, including, but not limited to, texts, pictures, graphics, decorations or other messages (“User Information”) to Creative Center, you represent, warrant and covenant that (i) you own or otherwise are legally and properly licensed from third parties all necessary rights (including, but not limited to copyrights, trademark rights, right to use personal information, and all related licensed rights thereto) to the User Information to upload them to Creative Center, and (ii) you are entirely responsible for all use of such User Information. You further agree that any use, edits and disclosure of personal information you upload to Creative Center are subject to terms and conditions in “Protection of Privacy” section provided hereunder.
Handling of User Information
You hereby acknowledge that, your User Information will be temporarily stored on the server of the Creative Center during any use by You of the Creative Center (except for any third party website linked to or from the Creative Center (“Third Party Linked Sites”)), and such User Information will be completely deleted shortly after the end of your visit and/or edit of such session. The Creative Center server is owned and managed by Brother in accordance with applicable laws, rules, regulations and treaties. Please note that User Information which is uploaded to Third Party Linked Sites will be governed by their terms of use or privacy policy, and not by our Terms of Use, EULA, Privacy Policy (defined below) or any other related terms and conditions.
Information on Use
When you visit and use Creative Center from your digital device(s), other than User Information, Brother may also collect anonymous information about your device(s) and your use of the Creative Center, including, but not limited to information such as your browser type, OS information, IP address, browsing history, and any other related data and information. Brother will not, without your prior consent, use such information other than for the purpose of improvement of the Creative Center, and future marketing activity and product planning.
Protection of Privacy
Brother respects your privacy and protect your personal data pursuant to terms and conditions provided in our privacy policy and its related legal documents published here (collectively, “Privacy Policy”). You shall be deemed to be agreed to all terms and conditions provided in Privacy Policy when you have agreed to this Terms of Use. Your User Information and data will not be shared outside of the Brother group. Brother’s head office is located in Japan but any transfer of data to non-EEA countries is handled in accordance with European rules on data protection and governed accordingly.
Brother will use your personal data for the purpose as provided in the Privacy Policy, and in addition, notwithstanding any terms provided in such Privacy Policy, Brother may also collect, use, and share your personal data for the following purposes: (a) carrying out various analysis, surveys and questionnaires of our products and websites, and (b) understanding the character and nature of our customers and users in improving and developing our current and future products and websites.
Use of Cookies
A cookie is a text file that a website transfers to your computer's hard disk so that the website can remember who you are. Cookies only record those areas of a website that have been visited by your computer and for how long.
This website uses the following two types of cookies: (a) session cookies - these are temporary cookies which remain on your computer until you leave the websites and allow you to carry information across pages of the websites without having to re-enter information, all the information entered is immediately deleted, and (b) persistent cookies - these remain on your computer after you leave the websites and the information is retained for your future usage.
You will be asked to accept or decline cookies, which you can do by modifying the setting in your browser. If you would like to do this, please see the help menu of your browser. However, you may not be able to use all the interactive features of our websites if cookies are disabled.
Links to Other Sites
Third Party Linked Sites are not under the control of Brother and Brother is not responsible for the contents and services of any such linked site. Brother provides those links to you only for your convenience, and the inclusion of any link to a site does not imply endorsement by Brother of the site. You acknowledge and agree that all terms and conditions set for those websites will apply.
Furthermore, please note that some of the hyperlinks included in Creative Center are connected to some of the websites operated by Brother's affiliates', which the design of that are similar in general of that to Creative Center, however, you acknowledge and agree that when you use those websites, you should comply with any terms and conditions set for those websites.
Disclaimer
ALTHOUGH BROTHER USES ITS BEST COMMERCIAL EFFORTS TO INCLUDE SECURE, ACCURATE AND UP-TO-DATE INFORMATION ON CREATIVE CENTER, BROTHER DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, AS TO ITS SECURITY, ACCURACY, APPROPRIATENESS OR MERCHANTABILITY (INCLUDING, WITHOUT LIMITATION, WARRANTIES OR REPRESENTATIONS THAT UPLOADED USER INFORMATION ARE SAFE FROM VIEWING, ANY PARTICULAR CONTENTS FITS YOUR PARTICULAR PURPOSE OR THAT THE CONTENTS IS FREE FROM BUGS OR COMPUTER VIRUSES). BROTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS WHICH MAY ARISE IN CREATIVE CENTER. IN NO EVENT SHALL BROTHER BE LIABLE FOR ANY DISPUTE, INFRINGEMENT, LOSS OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO COPYRIGHT OF UPLOADED USER INFORMATION, YOUR DIGITAL DEVICES, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT RESULTS FROM YOUR USE OF CREATIVE CENTER, YOUR USE OF ANY INFORMATION OBTAINED FROM CREATIVE CENTER AND WEB SITES LINKED FROM CREATIVE CENTER, OR INABILITY TO USE THOSE WEB SITES. PLEASE NOTE THAT ANY CONTENTS PROVIDED ON CREATIVE CENTER MAY BE MODIFIED OR DELETED BY BROTHER WITHOUT ANY PRIOR NOTICE. YOUR USE OF CREATIVE CENTER MAY BE TERMINATED AT ANYTIME BY BROTHER IN THE EVENT THAT YOU DO NOT COMPLY WITH THESE TERMS OF USE. IF YOUR USE OF CREATIVE CENTER ARE TERMINATED YOU WILL BE REQUIRED TO IMMEDIATELY CEASE ALL USE OF THE SERVICES AND CONTENTS INCLUDED IN CREATIVE CENTER.
Trademarks
Brother and the “brother” logo (*) are both trademarks of Brother Industries, Ltd., Japan registered in Japan and certain other countries. Any trade names and product names of other companies appearing on the Creative Center are all trademarks or registered trademarks of those respective companies.
“brother” logo
Governing Law
This notice is governed and controlled under the jurisdiction of the laws of Japan.
Inquiries
If you have any inquiries or comments regarding Creative Center, please contact us from here.
[Appendix]
The Web Sites includes following font software (including but not limited to the Open-source Software). Brother utilized these font software in accordance with terms and conditions below.
1. Google Fonts (Andika, Anonymous Pro, Great Vibes, Jura, Kaushan Script, Kurale, Lobster, Lora, Mouse Memoirs, Oranienbaum, PT Mono, PT Sans, PT Sans Narrow, PT Serif, Rubik, Rubik One, Russo One, Sacramento, Tillana, Underdog, Yeseva One)
This Font Software is licensed under the SIL Open Font License,Version 1.1.
This license is copied below, and is also available with a FAQ at:http://scripts.sil.org/OFL (This link goes to the Web site of SIL International.)
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SIL OPEN FONT LICENSE Version 1.1 - 26 February 2007
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PREAMBLE
The goals of the Open Font License (OFL) are to stimulate worldwide development of collaborative font projects, to support the font creation efforts of academic and linguistic communities, and to provide a free and open framework in which fonts may be shared and improved in partnership with others.
The OFL allows the licensed fonts to be used, studied, modified and redistributed freely as long as they are not sold by themselves. The fonts, including any derivative works, can be bundled, embedded, redistributed and/or sold with any software provided that any reserved names are not used by derivative works. The fonts and derivatives, however, cannot be released under any other type of license. The requirement for fonts to remain under this license does not apply to any document created using the fonts or their derivatives.
DEFINITIONS
"Font Software" refers to the set of files released by the Copyright Holder(s) under this license and clearly marked as such. This may include source files, build scripts and documentation.
"Reserved Font Name" refers to any names specified as such after the copyright statement(s).
"Original Version" refers to the collection of Font Software components as distributed by the Copyright Holder(s).
"Modified Version" refers to any derivative made by adding to, deleting, or substituting -- in part or in whole -- any of the components of the Original Version, by changing formats or by porting the Font Software to a new environment.
"Author" refers to any designer, engineer, programmer, technical writer or other person who contributed to the Font Software.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining a copy of the Font Software, to use, study, copy, merge, embed, modify, redistribute, and sell modified and unmodified copies of the Font Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components, in Original or Modified Versions, may be sold by itself.
2) Original or Modified Versions of the Font Software may be bundled, redistributed and/or sold with any software, provided that each copy contains the above copyright notice and this license. These can be included either as stand-alone text files, human-readable headers or in the appropriate machine-readable metadata fields within text or binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font Name(s) unless explicit written permission is granted by the corresponding Copyright Holder. This restriction only applies to the primary font name as presented to the users.
4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font Software shall not be used to promote, endorse or advertise any Modified Version, except to acknowledge the contribution(s) of the Copyright Holder(s) and the Author(s) or with their explicit written permission.
5) The Font Software, modified or unmodified, in part or in whole, must be distributed entirely under this license, and must not be distributed under any other license. The requirement for fonts to remain under this license does not apply to any document created using the Font Software.
TERMINATION
This license becomes null and void if any of the above conditions are not met.
DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.
2. Google Fonts (Noto Sans, Noto Serif, Tinos)
This Font Software is licensed under Apache License Version 2.0.
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Apache License Version 2.0, January 2004
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http://www.apache.org/licenses/ (This link goes to the Web site of The Apache Software Foundation.)
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.<.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
3. Google Fonts (Ubuntu, Ubuntu Condensed)
This Font Software is licensed under the UBUNTU FONT LICENCE Version 1.0.
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UBUNTU FONT LICENCE Version 1.0
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PREAMBLE
This licence allows the licensed fonts to be used, studied, modified and redistributed freely. The fonts, including any derivative works, can be bundled, embedded, and redistributed provided the terms of this licence are met. The fonts and derivatives, however, cannot be released under any other licence. The requirement for fonts to remain under this licence does not require any document created using the fonts or their derivatives to be published under this licence, as long as the primary purpose of the document is not to be a vehicle for the distribution of the fonts.
DEFINITIONS
"Font Software" refers to the set of files released by the Copyright Holder(s) under this licence and clearly marked as such. This may include source files, build scripts and documentation.
"Original Version" refers to the collection of Font Software components as received under this licence.
"Modified Version" refers to any derivative made by adding to, deleting, or substituting -- in part or in whole -- any of the components of the Original Version, by changing formats or by porting the Font Software to a new environment.
"Copyright Holder(s)" refers to all individuals and companies who have a copyright ownership of the Font Software.
"Substantially Changed" refers to Modified Versions which can be easily identified as dissimilar to the Font Software by users of the Font Software comparing the Original Version with the Modified Version.
To "Propagate" a work means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law, except executing it on a computer or modifying a private copy. Propagation includes copying, distribution (with or without modification and with or without charging a redistribution fee), making available to the public, and in some countries other activities as well.
PERMISSION & CONDITIONS
This licence does not grant any rights under trademark law and all such rights are reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of the Font Software, to propagate the Font Software, subject to the below conditions:
1) Each copy of the Font Software must contain the above copyright notice and this licence. These can be included either as stand-alone text files, human-readable headers or in the appropriate machine-readable metadata fields within text or binary files as long as those fields can be easily viewed by the user.
2) The font name complies with the following:
(a) The Original Version must retain its name, unmodified.
(b) Modified Versions which are Substantially Changed must be renamed to avoid use of the name of the Original Version or similar names entirely.
(c) Modified Versions which are not Substantially Changed must be renamed to both (i) retain the name of the Original Version and (ii) add additional naming elements to distinguish the Modified Version from the Original Version. The name of such Modified Versions must be the name of the Original Version, with "derivative X" where X represents the name of the new work, appended to that name.
3) The name(s) of the Copyright Holder(s) and any contributor to the Font Software shall not be used to promote, endorse or advertise any Modified Version, except (i) as required by this licence, (ii) to acknowledge the contribution(s) of the Copyright Holder(s) or (iii) with their explicit written permission.
4) The Font Software, modified or unmodified, in part or in whole, must be distributed entirely under this licence, and must not be distributed under any other licence. The requirement for fonts to remain under this licence does not affect any document created using the Font Software, except any version of the Font Software extracted from a document created using the Font Software may only be distributed under this licence.
TERMINATION
This licence becomes null and void if any of the above conditions are not met.
DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.