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P22 Desktop Fonts End User License Agreement




P22 Type Foundry
Desktop End User License Agreement


 


The abbreviated
version


 


You can:


• use for client
work


• use for
personal and small commercial projects


• send to a
printer with view and print rights


• use font images
on a website


 


You can’t:


• share it/sell
it or give it to another person/device


• embed the font
in docs, apps or web


• modify font
data


• large scale
commercial campaign


 


Additional
licensing required for:


• more than one
device – site license


• ebooks


• mobile apps


• webfonts


• large scale
campaign


• other embedding
uses that require live or interactive text applications


• Branding
identity – small & large scale


 


For more detailed
information please look at the full EULA below


 


P22 Type Foundry
Desktop End User License Agreement


 


Thank you for
licensing P22 fonts. To ensure that P22 continues to bring you more exciting,
historically relevant type, please take the time to read this agreement. It
might not be the most fascinating read, but it’s very important and may answer
many questions that you may have. Please register your fonts and remember that
free software is an exception, not the rule. Please note that this license is
implicitly intended for a single device and is to accommodate desktop uses
only. Additional licenses such as and including: multi-user licensing,
webfonts, mobile apps, ePubs and other commercial and embedding uses not
provided by this agreement, can be found at http://www.p22.com.


 


Notice to user.
You (End User) have not purchased the ownership rights to this font, but rather
a license to use this font on a limited basis. Purchasing a license for any P22
font or font distributed exclusively by P22 such as and not limited to:
Hamilton Wood Type Foundry, International House of Fonts, Lanston Type Company,
Sherwood Collection, and other, via download, e-mail, packaged font software or
other media, constitutes an agreement between P22 type foundry, Inc. (“P22”)
and the end user of the enclosed typefaces (“software”) that the following terms
and conditions of this contract will be followed. If you do not agree with the
terms of this agreement, do not download this font software. If you have
already downloaded this font software and do not agree with these terms, all
files must be deleted. A signed affidavit will be required to receive a refund.


 


1.    Definitions:


 


Font software –
coded software that generates typeface and /or illustration designs when used
with the appropriate hardware or software plus any and all data including
documentation provided with such software.


 


End User – You,
or the company or entity you represent, purchasing this license and bound by
the End User License Agreement (EULA)- a legal agreement defining the allowable
uses of the font software.


 


Basic License –
documentation/permission allowing use of the font software on a single device
registered by a single user within the guidelines of this End User License
Agreement (EULA).


 


License
Extension- An additional license that permits/allows the use of the font software
for uses not covered by this basic desktop license. Information can be found at
http://www.p22.com.


 


2.    Grant of License and Number of Devices. Upon
payment in full, P22 grants you a non-exclusive, non-assignable,
non-transferable (except as expressly permitted herein) license, to use the P22
distributed software for use on a single device for personal or internal
business use in accordance with the terms and conditions herein. A device is
defined as a computer, printer, character generator, server or any other
machine that uses P22 font data to rasterize letterforms. A License Extension
is required if the font software is licensed for use on more than one device or
more than one geographical location as follows:


 


i.    Multi-User License – license allowing use of
the font software on two or more devices licensed by a single user or company
with a location at a single site within the guidelines of this EULA. A site is
defined as one geographical location. In most cases, a Multi-User License can
be purchased at the time the basic font software license is purchased and is
indicated by the number of licensed devices listed on the receipt.


ii.   Multi-Site (corporate) License – License
allowing use of the font software on two or more devices licensed by a single
user or company at more than one geographical location. A Multi-Site License
must be purchased directly from P22 or through an authorized P22 font reseller
with the express consent of P22.


iii.  Enterprise License- A license that covers the
installation of the font software by the End User and accommodates uses by the
Third party users in conjunction with the End User’s project. Enterprise
licenses must be purchased directly from P22 or through an authorized P22 Font
reseller with the express consent of P22.


iv.   Laptop Use- A laptop, iPad, or portable
device is considered a single device and is associated primarily with the
licensed location. Simply working offsite on a laptop is permissible in the
basic license and is regarded as an extension of the "site".  However, work transported from one distinct
network to another distinct network, via a laptop, requires each network to be
licensed properly.


 


2a. Copying of
the Software. One copy of the font software may be made for back-up and
archival purposes only. The End User is responsible for the back-up copy.


 


2b. Transfer. You
may transfer the original software license to another party provided that all
materials, including this software and back-up copy, are transferred. All
copies must be removed from the originating end user's (your) device. P22 must
be notified when this transfer takes place and the recipient must agree to the
licensing terms and conditions contained in this agreement. This will
constitute a transfer of the license to the new user.


 


A single software
license cannot be transferred to multiple users; only the original license can
be transferred from one user to a comparable user.


 


2c. Font
Modification. The font may not be modified without the written consent of P22.
The modified font software may not be sold or distributed, unless under special
arrangement and consent of P22.


 


3. Fair Use and
Restrictions. This P22 software license is intended to accommodate personal use
and limited commercial and professional uses as defined below. The use of P22
Illustrative elements or images (also known as "dingbats",  "extras",  "ornaments") to create logos and
other artwork to be used on product for sale, packaging, store signage and
displays and other professional and commercial design materials other than
personal project use requires a license extension.


 


3a. Uses covered
by this agreement include (all uses require the purchase of the appropriate
User License):


• Logos designed
for self-promotion or for in-house business use. If logos are integrated within
retail packaging, entertainment promotion uses or within branding materials for
large-scale applications, then additional licensing is required.


• Use for
advertising campaigns, marketing collateral, retail packing, product tags and
store signage. All uses must be considered non-branding


• printed book
and magazine publishing


• limited printed
merchandise production where the P22 font is not the principle design element
and the production is less than 20,000 impressions. This includes apparel,
glassware, stationery products, artwork and photography. If you are a service
bureau or a promotions business that offers product services to end users, you
will require a commercial upgrade.


 


Commercial and
Other Uses that require a licensing upgrade


•Large Scale
Branding Campaigns - the use of font software to create logo designs or other
artwork for retail packaging, signage and other large scale campaign materials
where the font is incorporated within a brand name or product name and the
number of impressions is greater than 100,000.


• Corporate Logo,
Identity and Style Guide inclusion.


• Entertainment
Promotion uses including TV and Cable Broadcast and Film Production. Uses
include merchandising, titles, credits, signage and promotional items created
in relation to a film project or TV broadcast.


• Product Design
and Merchandising Uses that incorporate the P22 font as the principle design
element. Uses include, but are not limited to, alphabet and letterform related
products such as scrapbooking alphabets, rubberstamps, refrigerator magnets,
house numbers, stencil kits, decals, printed goods and other forms of digital
art.


• Personalized
Product Design and Web Browser Applications - if you offer customized product
design, including social stationery, monogramming, photography captioning and
other promotions services, you will need a commercial license upgrade.


• ePubs


• Mobile Apps


• Other OEM and
Electronic Device Embedding Uses that integrate, embed or distribute the P22 Software
within hardware or software devices including: kiosks, video games, gaming
devices, embroidery and sewing machines and other software.


• Server based
and Web Browser Applications that use the font(s) as part of a dynamic text
interface – additional licensing available at http://www.p22.com


 


3b. Website usage
Use of the font software with the CSS @fontface rule is not covered by this
license and requires a webfont license. Further restrictions include the use of
the font software within server based or web browser applications that use the
font(s) as part of a dynamic text interface, including Flash-style animations
and the use of the font with web text replacement technologies such as Cufon
and sIFR. In these cases a special license is required. These inquiries are
considered on a per case basis and require the permission and written consent
of P22 and are subject to additional licensing fees at the discretion of P22.
You may use the font software to create static graphic images (GIF, JPG, PNG) for
display on webpages. The images must be non-editable and may not be made
available for download or used as part of an interface for a server-based or
web browser applications. The distribution and sale of such images is strictly
prohibited.


 


3c. Client Work
and Agencies. At the time of purchase, you or your business is the registered
user of the font software.  If you are
purchasing the font to use within a client campaign, the appropriate commercial
license extension is required if the usage is not covered by this license. The
same applies to multiple clients. If the client requires the font software,
they will be required to purchase a software license to accommodate the
appropriate number of users. If any freelancers, 3rd party users or independent
contractors require the font during the course of a campaign and are not
covered under this license, they are required to purchased a software license.


 


4. Font Embedding
- The basic P22 software license allows only for the embedding of P22 font
software within non-editable, non-commercial electronic documents with view and
print rights only. The font must be subset so that the entirety or a
substantial amount of the characters is not embedded. If the fonts can be fully
or partially extracted, or if the recipient of the electronic document can
edit, alter, modify or create a new document using the font software, an
additional embedding license is required to account for each recipient of the
document and font file(s).


 


4a. Printer Use -
if you are providing the font software to a commercial printer/service bureau,
the printer/service bureau will require the purchase of the appropriate
license. However, you are permitted to embed the font software within a
non-editable PDF with print and view rights for printing purposes only provided
that the font software is secured, subset and does not allow the editing,
modification or alteration of the font.


 


4b.  Application and Electronic Device embedding -
you are permitted to use the font software to embed static graphic images such
as GIF, JPEG or PNG within mobile apps and ePub software, electronic devices
and commercial PDFs provided that the font software is converted to a
(rasterized), that the app or device is distributed in a secure format and the
text is non-editable with view and print rights only. If the use of the font
software in such materials embodies the primary design function or value of the
app or product, a license extension is required.


 


5. Font
Modification. Licensee may not modify the font or make derivate works based on
the font without the written consent of P22.


 


6. Distribution.
This font software may only be distributed by P22 and authorized distributors.
It is unlawful to distribute the font software an/or make the font software
publicly available via and not limited to the internet, download, LAN/WAN
network, email or physical media.


 


7.
Copyright/Ownership. This software and accompanying documentation are
copyrighted and contain intellectual property information owned by P22 and protected
by the Digital Millennium Copyright Act (DMCA), 17 USC § 512. You may not make
or distribute copies of this software or accompanying documentation without the
express written consent of P22.


 


8. Design Credit.
You agree to credit P22 type foundry, Inc. as the trademark and copyright owner
and creator of the P22 Fonts, in the following manner: ©(year) (Font Name), All
Rights Reserved P22 type foundry, Inc. http://www.p22.com, wherever and
whenever design production or any other credits are shown.


 


9. Disclaimer and
Limited Warranty. P22 warrants that the font software is free of errors and
will be replaced within 90 days of purchase in the event of defective media. If
failure of the font software results from accident, abuse, or neglect, P22 assumes
no responsibility to replace the software.


 


THE SOFTWARE AND
ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY
KIND, EXPRESSED OR IMPLIED, AND P22 SPECIFICALLY DISCLAIMS THE WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. IN ADDITION, P22 DOES NOT
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SOFTWARE OR THE WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY,
RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS A RESULT OF THE
PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER.


 


10. Update
Policy. At the option of P22, there may be an updated version of the software
available for a nominal fee, which will be offered to registered users.


 


11. Purchaser's
Indemnity. You agree to inform any person (family
member/partner/employee/co-employee/employer) having access to the P22 Software
and copies thereof, of the terms and conditions of this Standard License
Agreement and to ensure that these terms and conditions are abided. You agree
to indemnify and hold P22 harmless from any and all claims, liabilities, and
costs including attorney's fees, arising out of your breach of this agreement
or promises you made. If these terms are not agreed to and respected, P22
reserves the right to revoke Grant of License.


 


12. Construction.
This agreement is governed by and constructed in accordance with the laws of
the State of New York. All disputes between P22 and the end user, whether or
not arising hereunder, shall be conducted within the courts and jurisdiction of
the Eastern District Court, New York.


 


Please register
your fonts. If you have purchased your font(s) directly from P22, you have been
automatically registered. If you ordered your font from an authorized P22
reseller, please keep a record of the time and place of the purchase.


 


13. Termination.
P22 reserves the right to terminate this agreement immediately if you (the end
user) fail to comply with the terms set forth in this agreement. Upon
termination, you must remove the font software from all devices, including all
documentation and back-up software.


 


©2013 P22 type
foundry, Inc., all rights reserved.


For further
information: http://www.p22.com


 


V. 1.2014