MTPro II Fonts End User License Agreement The MathTime(TM) Professional II Fonts (herein called the "Software") consists of (a) The pfb files for the MathTime Professional II fonts (the "Fonts") (b) TeX tfm files and PostScript pfm files for the Fonts (c) TeX macro files for use of the Fonts (the "Macros") (d) documentation, installation instructions, and any other support files. By purchasing a license to use the Software you agree to the following terms and conditions: 1. Personal TeX, Inc. grants End User a nonexclusive license to use Software on up to five (5) of the licensee's computers, to download Fonts on up to two (2) printers, and to embed Fonts in documents for transfer, display, and printout. Any other means of transferring the Fonts to others, including the transfer of encrypted or unencrypted versions of the files (such as pfa files made from the pfb files) is explicitly prohibited. 2. End User may not sublicense, assign, or transfer the license of the Software. 3. End User may not modify the Fonts except for End User's own use: such modified Fonts may be embedded in documents for transfer, display, and printout, but any other means of transfer is explicitly prohibited. 4. End User may not make, or have made, or permit to be made, any copies of the Software or portions thereof except as necessary for its use hereunder, as for example, a back-up copy. End User agrees that any such copies of the Fonts or Macros shall contain the same proprietary notices that appear on or in the Fonts or Macros. 5. Except as stated above, the Agreement does not grant End User any rights to patents, copyrights, trademarks (whether registered or unregistered), tradenames, trade secrets, or any other rights, franchises, or licenses in respect to the Fonts, the Macros, or the trademarks. End User acknowledges that all proprietary rights in the Fonts and the Macros remain at all times with Publish or Perish, Inc. Any use of the trademark MathTime, or mention of the Fonts, in marketing, advertising, trade, or commerce, except for editorial reference to Fonts, must mention the trademark MathTime, with the trademark symbol TM affixed, together with the phrase "MathTime is a trademark of Publish or Perish, Inc." 6. End User 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 Fonts, in any form without the appropriate United States and foreign government licenses. End User agrees that its obligations pursuant to this section shall survive and continue after any termination or expiration of rights under this Agreement. 7. END USER ACKNOWLEDGES THAT NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING NO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE, ARE PROVIDED WITH RESPECT TO THE TRADEMARKS OR FONTS OR MACROS, AND IN NO EVENT SHALL PUBLISH OR PERISH, INC., OR PERSONAL TEX, 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 MTPRO II FONTS OR MACROS. 8. Term: The License is effective until terminated. Personal TeX, Inc. has the right to terminate your license immediately if you fail to comply with any term of this Agreement. Upon any such termination you will destroy the original and any copies of the Software, including any copies on any of your computers and printers, and related documentation, and cease all use of the trademarks. 9. End User and Personal TeX, Inc. agree that this document constitutes the complete agreement between the parties and that it supersedes any previous agreements, either oral or written. This License can only be assigned or modified by a written agreement duly signed by persons authorized to sign on behalf of the End User and Personal TeX, Inc. The License shall be governed by and construed under the laws of the State of California. The provisions of the United Nations Convention on The International Sales of Good are hereby disclaimed and excluded. The prevailing party in any legal action brought to enforce this License shall be entitled to reasonable attorney's fees and costs. Either party may bring suit under this License in San Francisco County, California. 10. Publish or Perish, Inc. is a third-party beneficiary of this license agreement and has the right to enforce any and all obligations of the license. MathTime is a trademark of Publish or Perish, Inc. Personal TeX, Inc. www.pctex.com November 2009