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End User License Agreement (EULA)

Kontour Type License Agreement for Axia Italic OT

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KONTOUR TYPE END USER LICENSE AGREEMENT

This Font Software (“Font Software”) and accompanying documentation is licensed and not sold. This Font Software is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Kontour Type, LLC or its subsidiaries, affiliates, and suppliers (collectively “Kontour”) own intellectual property rights in the font software product. The Licensee’s (“you” or “your”) license to download, use, copy, or change the font software is subject to these rights and to the terms and conditions of this End User License Agreement (“Agreement”).

1. Acceptances and Termination

This is a legal Agreement. You agree to be bound by the terms of this Agreement by selecting “I agree to this EULA” option and downloading the font software or by installing, using, or copying the Font Software. You must agree to all of the terms of this Agreement before proceeding to download the Font Software. Any breach of the terms of this Agreement shall be cause for termination. In the event of termination, and without limitation of any remedies under law of equity, you agree to immediately return the Font Software to Kontour and certify that no copy remains in your possession or control.

2. Grant of License

This Agreement entitles you to install and use one copy of the Font Software at a single location. It is exclusively for the benefit of the user authorized under this Agreement. This Agreement does not permit the installation or use of multiple copies of the Font Software, or the installation of the software on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple use or installation is only allowed if you obtain an appropriate licensing Agreement for each user and each copy of the Font Software. If you hold multiple, validly licensed copies, you may not use, copy, or install the Font Software on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.

3. Restrictions on Transfer

Without first obtaining the express written consent of Kontour Type, LLC, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Font Software. You are permitted to convert the fonts to outline or bitmap images for the purpose of publishing electronic documents. To reproduce a particular document at a commercial printer, or service bureau, you can supply non-editable artwork in PDF format. If the service bureau needs to install the fonts on their computers they will need to purchase a separate license. Please inquire with Kontour for a service bureau license.

4. Restrictions on Use

You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Font Software. You may not use the database portion of the Software Product in connection with any software other than the Font Software. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.

5. Restrictions on Alteration

You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to alterations based upon the original Font Software. Derivative works may not be sublicensed, sold, leased, rented, loaned, or given away with the express written permission of Kontour. Kontour shall not be responsible for or required to support unauthorized, modified and/or regenerated software or derivative works.

6. Restrictions on Copying

You may not copy any part of the Font Software except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy of the Font Software, which must be stored on a medium other than a computer hard drive. The archival copy may only be used for the reinstallation of the Font Software.

7. Embedding Restrictions

The embedding of Kontour Font Software in PDF documents, Flash documents and other electronic documents is limited to a secured, read-only mode, provided that the extraction of the Font Software is prohibited. Any other term of this license, requires the purchase of and shall be governed by a separate license Agreement. For the purposes of this Agreement “embedding” shall be defined as the temporary duplication of the Font Software in formats that include, but not limited to Flash, TrueDoc and/or other Web Embedding Font Technology (“WEFT”, “Cufon”, “sIFR”) or other formats now in existence as well as any other format that may be created in the future. OpenType (“otf”) font files shall never be uploaded, or remain, on any web server of any organization, all such actions are expressly prohibited. Please inquire with Kontour for a web embedding license.

8. Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY KONTOUR TYPE, LLC, KONTOUR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

Kontour makes no warranty that the Font Software will meet your requirements or operate under your specific conditions of use. Kontour makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. The Font Software and related documentation is provided “AS IS” and without warranty of any kind.

YOU MUST DETERMINE WHETHER THE FONT SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE FONT SOFTWARE TO MEET YOUR REQUIREMENTS. KONTOUR TYPE, LLC, WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UNDER NO CIRCUMSTANCES SHALL KONTOUR TYPE, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE FONT SOFTWARE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF KONTOUR OR ANY OTHER PARTY, EVEN IF KONTOUR IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS KONTOUR’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

9. Limitation

All limited warranties on the Font Software are granted only to you and are non-transferable. You agree to indemnify and hold Kontour harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

10. Governing Law, Jurisdiction and Costs

This Agreement is governed by the laws of Texas, without regard to Texas’s conflict or choice of law provisions. You shall be responsible for compliance with all laws, foreign and domestic, including but not limited to, all United States laws and regulations relating to the control of exports or the transfer of technology.

11. Severability

If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by Licensor with a valid and enforceable provision that most closely effects the intent of the invalid provision.