JURI ZAECH - END
USER LICENSE AGREEMENT - DESKTOP FONT SOFTWARE
THIS IS
A BINDING LEGAL AGREEMENT regarding the font software and the design of the
typeface embodied within (collectively, the “Font Software”) that you are
downloading or purchasing from Juri Zaech, for yourself, your company, your
employer, or other principal (hereafter collectively referred to as “you”). If
you refuse to accept a contractual obligation through this license agreement,
you are not permitted to access, download, or use the Font Software. Please
thoroughly and carefully read through this Agreement before purchasing,
downloading, installing and/or using the Font Software, ANY OF WHICH SHALL
INDICATE YOUR EXPRESS AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS.
The
Font Software licensed under this Agreement and its inherent digital,
device-readable, scalable data is supplied to you by Juri Zaech for USAGE ONLY,
and remains the intellectual property of the designer(s) of the Font Software.
Juri
Zaech reserves all rights not expressly granted to you under this Agreement.
Upon
receipt by Juri Zaech of all applicable fees, and subject to your compliance
with all of the terms and conditions of this Agreement, you are granted a
non-exclusive, terminable and non-transferable license to use the Juri Zaech
Font Software in accordance with the following terms and conditions. You may
not exceed the scope of this license. If you have negotiated and agreed to any
additional terms and conditions, those must be in writing and signed or sent by
Juri Zaech, and must incorporate this Agreement by reference.
1.
PERMITTED INSTALLATIONS AND USES
Use of
the Font Software is strictly and explicitly limited to the number of End Users
declared and paid for at time of purchase. For a single Desktop License
purchase, the Font Software may be installed on not more than two (2) devices,
such as desktop or laptop computer workstations, notebooks, netbooks, tablets,
and/or smartphones. If the Juri Zaech Font Software will be installed on more
than two (2) devices, an additional End User must be purchased for each
additional device. If you are a company purchasing a multi-user license for
your employees, your employees may use the Font Software anywhere in the world,
subject to the terms of this Agreement. You must notify all employees of the
terms and conditions of this Agreement and you are responsible all actions of
the employees.
1.1
DESIGN USES
Use of
the Font Software in the creation of design works, rasterized images for web
sites and otherwise for your personal use is permitted. If you design or create
works for third parties, such as clients, you are considered a “Designer” and
you may use the Font Software to design or create such works for those third parties,
provided that the use by those third parties is subject to the obligations and
restrictions (but none of the privileges of the Font Software license) in this
Agreement as if those third parties were you, and provided that you notify
those third parties of those obligations and restrictions in writing. You may
not allow any third party to use your copy of the Font Software. You may not
send or transfer the Font Software, or any copy of the Font Software, to any
third party. You may use the Font Software to print multiple copies of
products, including clothing, packaging, posters, coffee mugs or similar
commercial products, provided you do not exceed the 250,000 instance limit as
defined in 5.5 below or violate any of the other restrictions in this Agreement.
You may use the Font Software to create a company logo, however you may not
include the typeface design in any trademark registration. Other restrictions
to the use of the Font Software are set forth in Section 5.
1.2 ONE
FONT SOFTWARE BACK-UP
You are
permitted to keep a single backup copy of licensed Font Software in the cloud,
locally on a desktop, laptop or mobile device, or on a studio server. You must
be the only party who maintains or has access to this backup copy. The Font
Software may not be sub-licensed, sold, leased, rented, lent, or given away to
any other person or entity.
1.3
SERVICE PROVIDERS
In the
event that you require the services of a service provider, such as a commercial
printer, and you are not able to outline the fonts or otherwise turn them into
flattened, graphical artwork, you are permitted to transfer a single copy of
the required Font Software to that specific service provider. Upon completion
of your job, the service provider must delete the Font Software or purchase their
own Desktop License. It is your responsibility to inform the service provider
about this requirement. Allowing use of the Font Software by any third party in
ANY OTHER CIRCUMSTANCE is prohibited.
2.
REFUNDS
The
Font Software may be exchanged only if defective. If you wish to claim a refund
you must (a) certify that no copy of the Font Software remains in your
possession or control and (b) provide proof of a valid sale and a valid sales
receipt from Juri Zaech, and (c) provide other information requested by Juri
Zaech to support your claim. All claims for a refund must be made within one
(1) week of purchase.
3.
LIMITED EMBEDDING
You are
permitted to embed or otherwise include the Font Software within a PDF, PowerPoint,
Word or similar-type electronic document, distributed physically or online for
personal or commercial use ONLY IF: A) the Fonts cannot be extracted
(“read-only”); AND B) the document is not for sale, resale or mass-market
distribution of any kind; AND C) the online use is not a redistribution of
usable versions of the Font Software; AND D) the distribution of the document
is restricted to fewer than 250,000 instances. If documents containing embedded
copies of the Font Software will be sold, a separate ePub License must be
purchased from the shopping cart. If the distribution of the document consists
of 250,000 instances or more, a separate Large Volume Commercial license
extension must be purchased. If you require any of these types of use, please
contact [email protected]
4.
RESTRICTIONS
You may
not distribute, sell, modify, include, adapt, translate, reverse engineer,
decompile, disassemble, translate into other font formats or other formats for
use with other devices, or otherwise copy or include the Font Software without
the express written consent of Juri Zaech. Any modifications, derivations or
adaptations of the Font Software requires the express permission of Juri Zaech,
as applicable. Juri Zaech expressly reserves the right to create any such
modifications, derivations or adaptations.
5.
OTHER RESTRICTIONS AND LICENSE EXTENSIONS
Use of
the Font Software is not permitted in the following circumstances without
purchasing the applicable additional license or license extension. Any descriptions
provided herein are intended only as specific examples for your convenience and
are not a limitation of any restrictions. If you require any of these types of
use or if you have questions regarding your needs and the applicable license
required, please contact [email protected] for assistance.
5.1
EMBEDDING THE FONT SOFTWARE IN ELECTRONIC DEVICES
Embedding
the Font Software in electronic devices (“OEM”) includes, but is not limited
to, desktop computers, smart phones, mobile devices, gaming consoles and
devices, media players, electronic kiosks, computer servers, smart televisions
and/or other devices that exist now or in the future is not permitted without a
license extension. If you require this type of use, please [email protected]
for a quote.
5.2
EMBEDDING THE FONT SOFTWARE WITHIN OTHER SOFTWARE
Embedding
the font software within other software includes, but is not limited to,
application content, user interfaces or other content for personal computers,
mobile devices, gaming consoles, smart televisions, or other works distributed
electronically and/or via physical media for sale is not permitted without a
license extension. For example, if you want to sell or distribute software for
other platforms, such as, but not limited to, Playstation, XBOX, Wii, Mac OS or
Windows that contains embedded copies of the Font Software, a license extension
is required. If you require this type of use, please [email protected] for a
quote.
Separately,
if you will be selling or distributing software for mobile devices (defined as
any device running the iOS, Android, Windows Phone, Blackberry, PalmOS, WebOS,
or Symbian operating systems) containing embedded copies of the Font Software,
a separate Mobile App License is required.
5.3
CONVERTING DESKTOP FONT FORMATS FOR USE ON THE WEB
Converting
desktop font formats for use on the Internet is strictly prohibited. This
license does NOT permit any conversion or transmitting of the Font Software
over the Internet for the purposes of font serving or font replacement by means
of WOFF2, WOFF, EOT, SVG & TTF, Cufón, sIFR, TypeKit, embeddable Open Type,
or other technologies that now exist or may be developed in the future. If you
wish to use the Font Software on the web in such a way, a separate WebFont
License is required.
5.4
PROVIDING THE FONT SOFTWARE ON A CLOSED NETWORK
Providing
the Font Software on a closed network to Licensed End Users over a network,
LAN, WAN or the Internet is prohibited without a license extension. Each
Licensed End User must purchase their own discrete license. If you require this
type of use, please contact [email protected] for a quote.
5.5
LARGE VOLUME COMMERCIAL USE OF MORE THAN 250,000 INSTANCES
More
than 250,000 instances of use of either print or digital A) products,
documents, promotional campaigns and/or related materials; B) advertising
campaigns and/or related materials; or C) product packaging and/or related
materials; is not permitted without a Large Volume Commercial license
extension. This includes, but is not limited to, each interior and/or exterior
store/business sign, billboard and/or electronic billboard, product package,
social media post, gas pump display, billboard, coupon, media case, book cover,
etc. in which the font appears in a static, rasterized, non-moving manner. If
you require this type of use, please [email protected] for a quote.
5.6
CREATING LETTERFORM/ALPHABET PRODUCTS FOR RESALE
Creation
of Letterform/Alphabet products for resale including, but are not limited to,
scrapbooking uses involving reproductions of individual letterforms, digital
alphabets (Alphas); adhesive sticker alphabet products; embroidery letters or
fonts, use in the creation of signage or numbering products; monogram products;
rubber stamps; die-cut products, stencil products; tattoo flash, software or other
means for producing alphabets or letterforms by the use of sewing and/or
embroidery machines; die-cut devices and plotters or any other product
producing or containing any image of the letterforms or images derived from the
design of the glyphs embodied in the Font Software of which any likeness of the
alphabet can be reproduced where the letterform or alphabet product will be
distributed or resold is not permitted. (This restriction does not apply to
laser or inkjet printers used for those purposes generally associated with
professional design or to sign-making facilities, provided the end product is a
finished, work of design or ready-to-use sign.) If you require this type of
use, please contact [email protected] for a quote.
5.7
USE ON PRODUCTS FOR RESALE
Creation
of personalized or otherwise customized products for resale including, but not
limited to, physical goods for retail sale such as T-shirts, greeting cards,
mugs, postage stamps, stickers, post cards, business cards, invitations on a customized,
per order basis for retail sale such as by way of, but not limited to, Café
Press, Zazzle, or other similar services is not permitted without a license
extension. If you require this type of use, please contact [email protected]
for a quote.
5.8
USING FONT SOFTWARE TO CREATE CONTENT THAT IS BROADCAST OR STREAMED
The use
of Font Software to create content that is broadcast or streamed, including,
but not limited to, content that is broadcast, displayed and/or streamed via
any terrestrial, satellite or internet service that exists now or in the
future, including television, YouTube, Facebook, Instagram, Vine, digital
billboards, gas pump screens, aircraft or taxi entertainment screens,
Jumbotrons, movie theaters, or public spaces, etc. requires a license
extension. If you require this type of use, please contact [email protected]
for a quote.
6.
RIGHTS RESERVED
This
Font Software is licensed—not sold—to you by Juri Zaech, and is licensed for
use in accordance with the terms of this Agreement. As a licensee, your
ownership of the media and/or device on which the Font Software is recorded, if
any, is distinct from and does not grant any right, title or interest in and to
the design of the Font Software itself. All copies of the Font Software downloaded
or installed, including copies of any Font Software that accompany this
document either as part of a downloaded file or on recorded media, such as, but
not limited to, magnetic or optical media, remain the exclusive property of
Juri Zaech. The Font Software and the design of the Font embodied therein are
the exclusive property of Juri Zaech and are protected under both domestic and
international copyright, trademark and unfair competition laws. The various
names of the Font Software and the fonts included within the Font Software are
the trademarks of Juri Zaech. All other trademarks are the property of their
respective owners, and may be registered in the United States or other
jurisdictions. Except as stated herein, this Agreement does not grant you any
rights to trademark or any other intellectual property rights in the Font
Software or in any typeface design.
7.
DESIGN CREDIT
If your
use of the Font Software is within a format where credits are displayed, for
example a movie or television show, or an awards ceremony, or printed
production credits, etc., you agree to credit Juri Zaech in the following
manner: (Font Name) © Juri Zaech. (This type of credit is ONLY required where
credits are shown as part of the format. You would not need to add a credit on
a product package, for example.)
8.
ARTWORK RESTRICTED
In the
event any “dingbats” or other non-alphabetical glyphs are part of the Font
Software, use of the artwork is further restricted. You may not use any such
art for commercial purposes such as, but not limited to, goods for sale, in
logo design, retail packaging or point of sale displays. Any such use requires
the purchase of a license upgrade.
9.
DERIVATIVE WORKS PROHIBITED
You may
not alter Font Software in any manner whatsoever. Reformatting the Font
Software into other formats or for use in other operating systems is
prohibited. Altering or amending the embedding characteristics of the Font
Software is prohibited. The Font Software may not be used to create or
distribute any electronic document in which the Font Software, or any part
thereof, is embedded in a format that permits the extraction, editing,
alteration, enhancement, or modification by the recipient of such a document.
Derivative works based upon the Font Software may not be sub-licensed, sold,
leased, rented, lent, or given away without written permission from Juri Zaech.
Juri Zaech shall not be responsible for unauthorized, modified and/or
improperly regenerated, adapted or translated software or derivative works.
10.
TERMINATION
Any
breach of the terms of this Agreement shall be cause for termination of this
License. In the event of termination, and without limitation of any remedies
under law and equity, you agree to immediately return or destroy the Font
Software, at the discretion of Juri Zaech, and certify that no copy remains in
your possession or control.
11.
COMPLIANCE WITH LAWS
You
shall be responsible for your compliance with all laws relating to the control
of exports or the transfer of technology in connection with any use and
distribution of the Font Software. The Font Software and documentation are
provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the
government, governmental authorities, its employees or vendors may be subject
to restrictions set forth in federal law and regulations. If applicable, you
hereby agree to familiarize yourself and adhere to any applicable rule,
regulation or statute that may apply.
12.
REVOCATION OF WARRANTIES
Subject
to the representations and warranties stated herein, the Font Software is
provided "AS IS" and without fiduciary obligation to you or other
warranties of any kind and JURI ZAECH HEREBY EXPRESSLY DISCLAIMS ALL
WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. JURIZAECH 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 INTENDED AND WAS NOT DESIGNED OR MANUFACTURED
FOR USE IN ANY CIRCUMSTANCES WHERE THE FAILURE OF THE FONT SOFTWARE COULD LEAD
TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. THE FONT
SOFTWARE IS NOT FAULT TOLERANT AND IS NOT INTENDED FOR USE IN THE CONTROL OR
OPERATION OF DEVICES OR EQUIPMENT FOR MANUFACTURING, OR FOR USE IN NAVIGATIONAL
DEVICES. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION.
13.
LIMIT OF LIABILITY
IN NO
EVENT WILL JURI ZAECH BE LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE
(INCLUDING DAMAGE FROM LOSS OF BUSINESS PROFITS OR SAVINGS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) OR FOR CLAIM BY ANY
PARTY ARISING OUT OF THE USE OF OR INABILITY TO USE THE FONT SOFTWARE, EVEN IF
JURI ZAECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO
CIRCUMSTANCES, SUBJECT TO THE CONDITIONS NOTED HEREIN, SHALL JURI ZAECH’S
MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE REPLACEMENT COST OF FONT
SOFTWARE OR THE PROVISION OF SUBSTITUTE SOFTWARE, AT THE SOLE DISCRETION OF
JURI ZAECH. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
14.
INDEMNIFICATION
You
agree to defend, indemnify and hold Juri Zaech harmless from and against any
losses, damages, expenses, and costs, including reasonable attorneys’ fees,
from any claim by a third party arising from or related to your breach of this
Agreement or your act, error, or omission.
15.
GOVERNING LAW
This
Agreement will be governed by the laws of the State of California (USA) as
applies to contracts entered into and wholly performed therein without
application of its conflict of law provisions or the conflict of law provisions
of any other jurisdiction. You hereby expressly consent to the personal
jurisdiction of the local, state or federal courts within California selected
by Juri Zaech for the hearing or resolution of any dispute or action arising
out of or related to this License and you hereby further expressly waive any
jurisdiction or venue defenses and agree to services of process by certified
mail return receipt requested. All remedies are cumulative and not exclusive.
16.
GENERAL
You
acknowledge that you have read this agreement and understand it and that by
using the Font Software, you will be bound by its terms and conditions. You
further agree that it is the complete and exclusive statement of the agreement
between Juri Zaech and you which supersedes any proposal or prior agreement,
oral or written, and any other communications between any other party relating
to the subject matter of this Agreement. No variation of the terms of this
agreement or any different terms will be enforceable against Juri Zaech unless
Juri Zaech gives its express written consent. If any provision of this
agreement is held void or unenforceable, that provision will be enforced to the
maximum extent possible and the remaining provisions of this agreement will
remain in full force and effect. In the event any collection or enforcement
effort or any legal action is instituted by Juri Zaech to interpret or enforce
this Agreement, you will be responsible for paying reasonable attorneys’ fees
incurred by Juri Zaech. If you are a Designer and Juri Zaech brings any
enforcement effort or legal action against any third party for whom you work,
arising from your obligations in this Agreement or the violation by that third
party of any applicable restrictions or obligations in this Agreement, you will
be responsible for paying reasonable attorneys’ fees incurred by Juri Zaech.
This Agreement will not be construed against any party by reason of the
drafting or preparation hereof. Juri Zaech expressly reserves the right to
amend or modify this Agreement at any time and without prior notification.