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End User License Agreement (EULA)

GarageFonts License Agreement for Freight Big Pro Semi Bold OT

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GARAGEFONTS
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Phil's Fonts/GarageFonts End User License Agreement

THIS LICENSE AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU, THE END USER, ARE LICENSED TO USE THE SOFTWARE.

READ THIS AGREEMENT BEFORE INSTALLING OR USING THE SOFTWARE.

BY OPENING THIS PACKAGE OR INSTALLING SOFTWARE RECEVIED ELECTRONICALLY YOU ACCEPT THE SOFTWARE AND ARE BOUND BY THE TERMS OF THIS AGREEMENT.

1. "Software" means the current version of the machine-readable object code of the computer program contained in this package (which may include digitally encoded, machine readable, scalable outline font data as encoded in special format) and all documentation accompanying this package or provided electronically with the program.

2. Phil's Fonts, Inc./GarageFonts (Phil's), hereby grants you, and you agree to accept, a perpetual, non-exclusive, non-transferable, limited license (the License) to use the Software solely for your own customary business or personal purposes. Under the terms of this License Agreement, the Software may be installed on not more than five (5) CPUs in total.

If you need to install the Software on more than five (5) CPUs, you must pay Phil's the applicable fees pursuant to the schedule set forth below.

Licensing fees for the Macintosh and PC formats are separate and individual fees.

3. This License is for the final, machine-readable object code of the Software only, and not the source code.

You may not modify, alter, disassemble, decrypt, reverse engineer or decompile the Software or extract its source code.

You may not create derivative works from the Software.

4. No rights are granted to you other than a license to use the Software on the terms expressly set forth in this Agreement.

This is a mere license and not a sale.

Except as stated above, this Agreement does not grant you any right to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, franchises or licenses in respect of the Software.

Phil's and the designers from whom Phil's may have licensed the Software shall have sole and exclusive title to the Software and any other intellectual property developed under it, including any revisions, modifications, enhancements or derivative works thereto.

5. Fonts included in the Software can be embedded in files such as Adobe Acrobat PDF files, but solely for viewing and printing purposes.

Otherwise, the fonts included in the Software and the Software itself may not be embedded in any other programs or files in any fashion.

6. You may not make any copies of the Software, except that you may make one copy for backup or archival purposes.

Any such copies shall contain the same proprietary notices which appear in the Software.

7. You may not transfer, distribute, sell, sublicense, or convey this License or the Software to any other person.

8. You agree to maintain the Software and other proprietary information in strict confidence and to establish reasonable procedures regulating access to and use of the Software.

9. Phil's Limited Warranty. Any and all warranties that Phil's supplies under this Agreement are for your sole benefit and are not for the benefit of any third party.

Phil's warrants that, for a period of thirty (30) days after delivery of the Software, the Software will, under normal use, operate or perform in substantial accordance with the specifications set forth in the documentation accompanying the Software.

Your sole and exclusive remedy for a breach of the warranties provided herein will be, at Phil's sole discretion, either (i) the repair or replacement of the Software that does not meet Phil's warranty or (ii) a refund of the fee paid for the defective Software.

In the event of a claimed breach of warranty, you must clearly identify a particular defect to Phil's in writing or your right to rely on that defect will be waived.

EXCEPT FOR WARRANTIES EXPRESSLY SET FORTH HEREIN, THE SOFTWARE IS DELIVERED "AS IS" AND PHIL'S MAKES AND YOU RECEIVE NO ADDITIONAL EXPRESS OR IMPLIED WARRANTIES.

PHIL'S HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND OR NATURE CONCERNING THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE LEVELS, NON-INFRINGEMENT, NON-INTERFERENCE WITH ENJOYMENT, COURSE OF DEALING, OR USAGE IN TRADE. SPECIFICALLY, PHIL'S DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE.

10. PHIL'S CUMULATIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT THAT YOU PAID FOR THE SOFTWARE.

IN NO EVENT WILL PHIL'S BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUES, DATA, USE, ANY OTHER ECONOMIC ADVANTAGE OR COST OF COVER INCURRED BY YOU ARISING OUT OF THIS AGREEMENT, UNDER ANY THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF PHIL'S KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PHIL'S BE SUBJECT TO OR LIABLE FOR ANY PUNITIVE OR EXEMPLARY DAMAGES.

11. The term of the License granted under this Agreement is perpetual, except that Phil's may immediately cancel this Agreement and the License in the event of a material breach of this Agreement by you, including without limitation a breach of the provisions of sections 2, 3, 4, 5, 6, 7, and 8.

If this Agreement is canceled, you shall immediately cease all use of the Software, the License shall be immediately cancelled, and you shall immediately destroy all copies of the Software.

12. This Agreement shall be governed by the laws of the State of Maryland, U.S.A., without reference to principles of conflict of laws.

13. No waiver of or failure to act regarding any breach of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or other provisions hereof.

14. The License Materials are provided with Restricted Rights.

Use, duplication, or disclosure by the United States government (the "Government") is subject to restrictions as set forth in this License Agreement, pursuant to DFARS 227.7202-3(a) (1995), or subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (Oct. 1988) or subparagraphs (c)(i) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable, or as set forth in the particular department or agency regulations or rules that provide Phil's with protection equivalent to or greater than the above-cited clause.

You shall comply with any requirement of the Government to obtain such restricted rights protection, including without limitation, the placement of any restrictive legends on the Software, any product or service you bundle the Software into, and any license agreement used in connection with the distribution of the Licensed Materials.

15. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. This Agreement sets forth the entire understanding and agreement between the parties with respect to its subject matter, superseding all prior or contemporaneous representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter.

The parties expressly state that no information or materials aside from the terms specifically stated in this Agreement, including without limitation advertising and marketing materials, statements and representations of salespeople or other individuals, are part of the basis of the parties' bargain.

No change in this agreement is effective unless written on paper and signed on paper by the party against whom enforcement of the change is sought.

BY OPENING THIS PACKAGE OR INSTALLING SOFTWARE RECEVIED ELECTRONICALLY YOU ACCEPT THE SOFTWARE AND ARE BOUND BY THE TERMS OF THIS AGREEMENT.


Phil's Fonts/GarageFonts License Upgrade Schedule
Each Phil's Fonts/GarageFonts Font package is automatically licensed for use with five (5) computers (CPUs) at a single (1) location(site) in a single format (e.g. Mac PostScript). Licenses for additional CPUs must be purchased. Additional formats and/or platforms may be purchased at the same time as the original purchase for 50% of the price of the first format. Individual sites, persons or business entities must purchase individual licenses beginning with the original price. The following upgrade cost schedule is calculated based on multiples of the original list price of each font or family:

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6 to 25 CPUs, multiply original font or family price by 1
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26 to 50 CPUs, multiply original font or family price by 2
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51 to 75 CPUs, multiply original font or family price by 3
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76 to 125 CPUs, multiply original font or family price by 4
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251 to 375 CPUs, multiply original font or family price by 8.5
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376 to 500 CPUs, multiply original font or family price by 11
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501 to 625 CPUs, multiply original font or family price by 13.5
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626 to 750 CPUs, multiply original font or family price by 16
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751 to 875 CPUs, multiply original font or family price by 18.5
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876 to 1000 CPUs, multiply original font or family price by 21
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For more than 1,000 CPUs use the following formula to get multiplication factor:
CPUs: In increments of 250.
(maximum number of CPUs divided by 100) plus 11 (=Multiplier).
Example: End user has 1350 CPUs, so the Multiple User License price is to be calculated as follows:
(1500 divided by 100) + 11 = 26 (= Multiplier)

© 2006 Phil's Fonts/GarageFonts
P.O. Box 247
Sandy Spring, MD 20860, USA
301-260-2280
www.philsfonts.com,

www.garagefonts.com