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End User License Agreement (EULA)

PsyOps Type Foundry License Agreement for Jeanne Moderno Titling OT

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PSY/OPS END USER LICENSE AGREEMENT

By downloading and/or installing PSY/OPS Font software you agree to the following user license terms:

1. The PSY/OPS Font Software is licensed for use at one (1) location with a maximum of six (6) devices. For example: five (5) CPUs and one (1) printer.

2. Use of the PSY/OPS Font Software at more than one (1) location or with more than six (6) devices requires a Multi-device Site License upgrade. To determine the number of devices, add up all CPUs, workstations, printers, and other devices that use the fonts. A device may be, but is not limited to, a printer, rasterizer, video display terminal, CPU, workstation or any device where the font software is rasterized or display of the PSY/OPS Font is generated from font software outlines using Adobe Type Manager or similar software. For example, a display terminal shall be considered a device if the PSY/OPS Font outline is embedded or otherwise included for viewing by end users in a multimedia CD.

3. Except as permitted herein, you may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter or otherwise copy the PSY/OPS Font Software.

4. You are permitted to make a single back-up copy. The PSY/OPS Font Software or documentation may not be sublicensed, sold, leased, rented, lent, or given away to another person or entity.

5. The PSY/OPS Font Software may be returned or exchanged only if defective. Defective software will be replaced when accompanied by a valid sales receipt and PSY/OPS is notified within one (1) week of purchase.

6. You agree that any derivative works created by you from the PSY/OPS Font Software, including, but not limited to, software, EPS files, or other electronic works, are considered derivative works under U.S. Law and use of the derivative work is subject to the terms and conditions of this License Agreement. Derivative works may not be sublicensed, sold, leased, rented, lent, or given away without written permission from PSY/OPS. PSY/OPS shall not be responsible for unauthorized, modified and/or regenerated software or derivative works. Embedding of the PSY/OPS Fonts Software in any form is strictly prohibited without an additional license.

7. The PSY/OPS Font Software is protected under domestic and international trademark and copyright law. You agree to identify the PSY/OPS fonts by name and credit PSY/OPS' ownership of the trademarks and copyrights in any design or production credits.

8. 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 and equity, you agree to immediately return the Font Software to PSY/OPS and certify that no copy remains in your possession or control.

9. PSY/OPS MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, PSY/OPS SHALL IN NO EVENT BE LIABLE TO THE LICENSED USER OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT EVEN IF NOTIFIED IN ADVANCE. UNDER NO CIRCUMSTANCES SHALL PSY/OPS' LIABILITY EXCEED THE REPLACEMENT COST OF THE SOFTWARE.*

FONT EMBEDDING Embedding of the PSY/OPS Font Software in digital documents or in any other form is governed by a separate license agreement. If an embedding license is desired, the licensee must represent and warrant that licensee's encryption of the embedded PSY/OPS Fonts is secure enough to prevent any access or use by others. For more information regarding an Embedding License go to: http://www.psyops.com/html/i_lic_embedding.html

LICENSE UPGRADES The PSY/OPS Font Software is licensed for use at a single location for use with a maximum of six (6) devices. For example: (1) printer with up to five (5) CPUs. The PSY/OPS Font Software may not be shared between locations or business entities. Each additional location and/or entity must purchase a separate license to be used in accordance with the terms of the PSY/OPS Font Software License. License upgrades may be purchased for use with additional devices. The upgrade price is calculated as a percentage of the base price of the software. To determine the number of devices, add up all CPUs, workstations, printers, and other devices that use the fonts. The following is cumulative:

• 1-6 devices (base price)

• 7-12 devices: add 50 percent

• 13-60 devices: add 20% for each 6 devices

• 61-150 devices: add 15% for each 6 devices

• 151-300 devices: add 10% for each 6 devices

• over 300 devices: add 5% for each 6 devices

Very large or unlimited uses of the PSY/OPS Font Software will require a custom license agreement.

PSY/OPS Type Foundry | 944 Market Street, Suite 504, San Francisco, CA 94102 | 888-PSY-FONE