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American Type Founders Desktop Agreement




 


LICENSOR END USER LICENSE
AGREEMENT


 


American Type Founders··
Collection I End User License Agreement (EULA) IMPORTANT.
PLEASE READ CAREFULLY.


This
End User License
Agreement (hereinafter,"EULA," "License," "Agreement" or "License Agreement") is a
legal
agreement between you and TypoBrand LLC (hereinafter "TypoBrand") for the product,
designs and
software that
accompany this Agreement, and
is also applicable to
any media, printed
materials, electronic
documentation, updates, add-ons,
Web services and any other material that may
be
associated with the product now or in
the future.
By downloading the Font
Software and/or installing,copying,accessing or otherwise using
the Font Software, you agree to be
bound by the terms
of this Agreement. If you do not agree to the terms of this Agreement, do not purchase this License, download, install,or use
the Font Software.


 


1.  Definitions."Font Software" is digital software that
generates typeface and/or illustration designs when
used
with
computers and other
software (hereinafter
"Font Software" or "Font[s]"). "Licensed Entity" is the individual,company,or legal entity purchasing this License (hereinafter "Licensed Entity" or "you"). "Licensed User" is one (1) human being using one (1) personal
computer owned by the Licensed Entity
(hereinafter
"Licensed User" or "User[s]").


 


2. Grant of license. Upon payment
in full, TypoBrand
grants you a
non-exclusive, terminable License to use the Font Software and
any designs embodied therein together
with any accompanying documentation,each in
accordance with
the terms
and conditions of this Agreement.


 


a.  Basic license. If
you purchase a basic License,
this License allows use of
the
Font
Software by not more
than
one
(1) User at
one (1) geographic location.


 


b. Multi-user license. If
you
purchase a License for use of the Font Software by more
than one (1) User,you may install the Font Software at one
(1)
geographic location for the number of
Users identified
in the Order Receipt
which is either sent to
you by email or accompanies the Font
Software.


 


c. Locations. Use of the Font
Software at more
than one (1) geographic location requires
the purchase of
a separate license for each location and
for the number of Users
authorized at
each
location, or the purchase of a special,multi-site license from TypoBrand.


 


d. Portable computers. Use of the Font Software
on
a portable computer is permitted provided that the portable computer is owned by
the Licensed
Entity and is not used to permit use of the Font Software by
more
than the number of Users licensed under this Agreement.


 


If
at any time
your use of the Font Software exceeds that permitted in the applicable License, you agree
to
immediately notify
TypoBrand and purchase
the appropriate license,which may
or may not
be
granted at
the
discretion of
Typo Brand.


 


3. One
back-up. You
are permitted to make one (1) back-up
copy
of
the Font Software for archival purposes


only.
Unauthorized copying,creating derivative works, sharing,lending,renting,sale,
or other
unauthorized use
or
misuse of the
original Font Software
and/or the back-up copy is a mate-rial breach of this Agreement and


will result in termination of this License.


 


4. Agencies. If you are
a
design consultancy,advertising agency,or purchasing this License for use by or on behalf of such an
entity,the
ultimate end user,if
they will use the Font Software,
should also purchase
a license
appropriate for
their intended uses.
Specifically,if your client will need and/or
use
copies of the Font Software, your client
must
also purchase a license suitable for
their uses. The License granted
herein does not
extend to uses
by temporary
employees, freelancers or independent contractors using the
Font Software
or for other professional uses that are
in excess
of the number of Licensed
Users. Specifically,you
may
not make
copies greater than
those
authorized under this License for temporary use by
freelancers, temporary employees
or independent contractors.


 


5.  No modification or customization.
You are not permitted to alter the Font Software in any manner whatsoever. You
are
not
authorized to make, or hire
others to make, custom
or derivative versions of
the design
embodied in the
Font or of the Font
Software itself. You
are not permitted, by way of example not
limitation, to
decompile,
reverse
engineer,disassemble, modify,alter or change the software or any associated
embedding
bits. You hereby acknowledge that the unauthorized modification or customization
of the Font
Software shall


be an infringement ofTypoBrand's rights, causing
irreparable harm. If you are interested in creating
and/or utilizing customized Font Software, contact
Typo Brand for more
information.


 


6. Exclusive ownership. TypoBrand, its licensors,
and their successors and assigns each retain all right and title to their
respective
software, trademarks, copyrights and the designs embodied in
the Font
Software. You hereby agree that this term is contractual in nature and that
the unauthorized use
of
the design
of the Font and/or the Font
Software shall
be an infringement ofTypoBrand's rights, causing significant monetary harm. You further
agree that such damages
cannot be readily estimated and that TypoBrand shall be entitled,without the
obligation of
a bond,to seek a restraining order or injunctive relief, in addition to other remedies,
to
prevent any unauthorized uses.


 


7.  Limited distribution. You are
permitted to make a temporary copy of the Font Software for
use by
a commercial printer or service bureau solely for use in the production of your own materials. Copying and distribution to commercial printers or service bureaus is limited to those who clearly state that
they
are
duly licensed to use the Font Software. You are
further permitted,
if necessary,to include
a temporary copy the Font Software with
a document solely for the purposes of facilitating your personal printing and/or viewing of the document.


 


8.  PDF
embedding. You are
permitted to embed the Font
Software in Adobe" Acrobat " (PDF) documents, solely for the
purposes of presenting freely distributed information and designs to
others or for
sending designs to a service bureau or printer for output or other preparation for production. Use of Font Software in or to create PDF documents for sale
or
products utilizing other forms of
embedding of
the Font Software for
sale (for
example as part
of a commercial product such
as a
design template,
or an
electronic book, or an electronic magazine, or
use with
a mobile device) is prohibited, and requires
the purchase
of a special license which may or may not be granted at the
discretion ofTypoBrand. You
hereby
agree that any PDF
shall
be
made in
a secure manner that allows only
viewing and
printing of the PDF,and not the editing or alteration of the
content. Font
Software shall be
SUBSET when embedded and the
PDF document shall be set as NON-EDITABLE.
If you
are not
sure how to subset and/or create non-editable PDFs, consult the manual or publisher of the
software application from which you are
exporting PDFs.You are
not
permitted to
embed the entire character set or substantially all of the character set comprising any Font
that is
subject to
this License.


 


9.  Internet & webfont use. You are permitted to use the Fonts to make GIF,JPEG,and PNG pixel-based
images for use on the Internet as
part of a website design provided that the image creation is not automated, the
images are
made personally by a Licensed User and not generated
by
a
server,and that no embedding or other transmission of
the Font Software
is made possible. Converting
the Font
Software to other Font format(s) is expressly prohibited. Webfont use of
the Font Software, including but not limited to embedding the
Font
Software in Web pages is expressly prohibited (webfont licensing is available
separately;contact
TypoBrand for
more information). You
are not permitted to use the Font Software in
connection with
embedded font objects or by any other means that
embed the Font
Software for the purposes of displaying the Fonts on the Internet or on wireless
Web browsers. You are not permitted to use the Fonts with Adobe" Flash" and other
such software.
If you
wish to use the Font
Software for
such purposes, you must purchase a special license, which may or may not be granted at the
discretion of
Typo Brand.


 


 


10.  Restrictions. Use of the Font
Software in
any of the following circumstances and/or applications is NOT permitted without first obtaining the appropriate specia l licensing from
TypoBrand,which may or may not be
granted at the discretion ofTypoBrand:


 


a.  USE AS WEBFONTS. (Webfont licensing is available separately. Contact Typo Brand for details.)


 


b. STORING, CACHING,
SERVING OR OTHERW ISE PROVIDING ACCESS TO THE
FONT SOFTWARE TO
THIRD PARTIES VIA THE INTERNET FOR USE OR DISPLAY ON THE INTERNET, IRRESPECTIVE OF THE FORMAT
OR
TECHNOLOGY USED.


 


c. INSTALLATION OF THE FONTS ON A SERVER.


 


d. EMBEDDING IN ELECTRONIC DEVICES. USE IN ELECTRONIC MAGAZINES. USE IN
ELECTRONIC BOOKS.
ALL
GAMING USES AND/OR
DEVICES.


 


e. EMBEDDING IN SOFTWARE. EMBEDDING IN
APPS.


 


f. USE
IN FILM, USE WITH ADOBE" FLASH" SOFTWARE, TELEV ISION OR
BROADCAST VIA CABLE
TELEV ISION OR ON
THE INTERNET.


 


g. ALPHABET- OR
LETTERFORM-RELATED PRODUCTS FOR
RESALE OR LETTERFORM-CREATION PRODUCTS
OR
DEVICES.


 


If you wish to use the Font Software in a manner that is restricted under this License,contact TypoBrand for information about special licensing.


 


11. Trademarks. In
the event you identify the Fonts used on your products
or work product,
you hereby
agree to identify the Font
Software by name (trademark) and
the owner of the trademark in such
credits. A
ll use
of the trademark
associated with the Font Software inures solely to
the benefit of
the trademark owner. No ownership right is granted herein.TypoBrand reserves all rights not expressly granted herein.


 


12. Transfer of license.
You are
permitted to transfer this License to use the Font
Software one (1) time only. You are not permitted to purchase this License for
resal
e purposes. Upon transfer
of this License,
you agree
 that
(i) You
will transfer
the original Font
Software together with all documentation, (ii) Any such transfer is not by consignment or
other indirect means, (iii) The new Licensee reads, understands and agrees
with the terms
of this License, and (iv)
You will destroy
all other copies on the Font Software and any
documentation


remaining in
your
control or
possession
.
Upon transfer
of
the
Font Software, you are not
permitted to retain
copies for
yourself, lend or otherwise provide
copies of the Font Software to commercial printers or service bureaus.


 


13. Warranties. TypoBrand will,at its sole discretion, either 
replace the  Font Software or refund the  Licensing fee in the event the  Font
Software does not perform
substantially
 
in accordance
with
the Documentation, provided that any such claim is submitted
within
thirty (30) days of purchase
of this License. To submit a claim, you must return the Font Software to Typo Brand or place of purchase together
with
a copy of your sales receipt.
You expressly acknowledge and agree that use of the Font Software is at your sole risk. The Font Software and related documentation are provided "AS IS" and, except as noted herein, is without
warranty of any kind and TypoBrand and its affiliated companies (together,"TypoBrand") hereby EXPRESSLY DISCLAIM ALL WARRANTI ES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABI LITY
AND FITNESS FOR A PARTICULAR PURPOSE. TYPOBRAND DOES
NOT WARRANT THAT
THE OPERATION OF THE FONT
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT
DEFECTS.
THE FONT SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT INTENDED
AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN
ANY CIRCUMSTANCES
WHERE FAIL-SAFE OPERATION  MAY BE REQUIRED. THE FONT SOFTWARE MAY NOT BE USED IN MANUFACTURING, NAVIGATION, CONTROL EQUIPMENT OR IN ANY OTHER CIRCUMSTANCES WHERE THE USE OR FAILURE OF THE FONT SOFTWARE
COULD LEAD TO DEATH, PERSONAL
INJURY,PROPERTY DAMAGE
OR
SEVERE PHYSICAL OR ENVIRONMENTAL
DAMAGE. UNDER NO
CIRCUMSTANCES SHALL TYPOBRAND BE LIABLE TO YOU OR ANY OTHER
PARTY,WHETHER IN CONTRACT OR
TORT (INCLUDING
NEGLIGENCE) OR
OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY.TypoBrand's liability
to
you shall in no event exceed
the refunding
of the cost of the Licensing fee or replacement of the Font Software, either at TypoBrand's sole discretion .


 


14.  Other  law. Some jurisdictions  do not allow
the exclusion  or limitation of  incidental,con-sequential or special damages, or imp.lied warranties. ANY IMPLIED
WARRANTY
OR CONDITION CREATED BY LAW IS ONLY


EFFECTIVE FOR THE THIRTY-DAY (30-DAY) WARRANTY PERIOD.THERE ARE NO WARRANTIES OR CONDITIONS OF


ANY KIND AFTER THE THIRTY-DAY (30-DAY)
WARRANTY PERIOD
.
The exclusions noted above may not apply to you. Otherwise,
and to the extent permissible by law,you agree that all implied warranties
are
not effective
for
more than thirty (30) days.


 


15.  Termination. This License
Agreement is
effective as of the date of full payment for the License. This License Agreement may be terminated by you at any time by destroying the Font
Software together with any printed material and any copies of the Font Software. This License Agreement may be terminated
without notice if you breach and/or fail to comply with any term contained
herein.


 


16.  Governing law. You expressly
agree that
this Agreement shall be governed, enforced and construed in accordance with the laws of the State of California as they apply to contracts entered into and wholly performed therein,without regard to California's conflict of law provisions or the conflict
of
law provisions of any other jurisdiction and you expressly agree that the state and federal courts most convenient to TypoBrand for the enforcement
of its
rights under
law
and this Agreement shall have exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement and you hereby waive any defenses arising out of the choice of law or forum selected for the resolution of any disputes and expressly consent
to service of process by Certified Mail, return receipt requested. You agree that any breach of this License shall cause irreparable harm to TypoBrand and by reason thereof,TypoBrand shall be entitled
to and may seek all remedies under law and equity including but not limited to,temporary restraining
orders and injunctive relief without the obligation
of a bond.


 


17.  Compliance with law and export restrictions. With respect
to the
software licensed to you under this Agreement, you agree be responsible
for your compliance
with all laws,
foreign and domes-tic, including but not limited to all United States laws and
regulations
relating to the control of exports or the transfer of technology.


 


18.
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 with a provision that
most
closely effects the
intent of the invalid provision.


 


19.
Entire agreement. This Agreement constitutes the entire
understanding between the parties and supersedes all
previous
agreements, promises, representations and negotiations between the parties.


 


20.
Headings. The captions and numbering of the various sections of this license Agreement
are for
convenience only and shall not contro l
or affect the meaning
or
construction of any of the terms or provisions of this Agreement.


 


 


TypoBrand LLC  I Berkeley,California, USA  I 510 525-4288 i[email protected].com


 


Copyright © 2015 Typo
Brand LLC.
v4. ATF and American Type
Founders
are
registered trademarks of Typo Brand LLC.
Adobe, Acrobat, and Flash are
either
registered trademarks or trademarks of Adobe Systems
Incorporated in the United
States and/or
other countries. Other
trademarks mentioned are the property of their respective owners.


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


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Distribution Agreement (v3_2015-desktop only)                                                           Page 15 of 15