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Positype Desktop Fonts Agreement

Positype

t: 706.998.6655

http://positype.com


Thank You

I humbly thank you for your purchase. I hope to continue deliverying great typefaces and you make this possible.

Cheers,
Neil Summerour


End User License Agreement

This End User License Agreement (the "Agreement") becomes a binding contract between you and Positype when you install the font for use on any Workstation. If you do not wish to be bound by the Agreement, you cannot access, use or download the Font Software. Please read all of the Agreement before you agree to be bound by its terms and conditions.

Article 1: Definitions

1.1) Publisher

"Publisher" as used herein shall mean collectively Positype, LLC, its successors and assigns, its parent and affiliated corporations, its authorized distributors, and any third party which has licensed to Publisher any or all of the components of the Font Software supplied to you pursuant to the Agreement.

1.2) Font Software

"Font Software" as used herein shall mean software which, when used on an appropriate device or devices, renders typographic or ornamental graphic elements in physical or binary form. Font Software includes upgrades, updates, related files, permitted modifications, permitted copies, and related documentation.

1.3) Glyph

"Glyph" as used herein shall mean any typographic or ornamental graphic element rendered in physical or binary form by the Font Software.

1.4) Use

"Use" of the Font Software shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software, regardless of the location in which the Font Software resides.

1.5) Workstation

"Workstation" as used herein shall mean any component by which an individual is able to make Use of the Font Software.

1.6) Derivative Work

"Derivative Work" shall mean Font Software generated by way of the Use or other access of the binary data contained in the hereto licensed Font Software.

1.7) Personal Or Internal Business Use

"Personal or Internal Business Use" shall mean Use of the Font Software for your domestic, informational, official, and/or non-commercial purposes and shall not mean any distribution whatsoever of the Font Software or any component or Derivative Work thereof to any party other than those expressly permitted by the terms of the Agreement. "Personal or Internal Business Use" shall not include any Use of the Font Software by persons that are not members of your immediate household, your authorized employees, or your authorized agents. All such household members, employees, and agents shall be notified by you as to the terms and conditions of the Agreement and shall agree to be bound by it before they make Use of the Font Software.

1.8) Basic User License

"Basic User License" as used herein allows the Use of the Font Software on up to five (5) Workstations. A "License Extension" must be obtained from Publisher for the Use of the Font Software on each additional Workstation not covered by the Basic User License.

1.9) Licensed Unit

"Licensed Unit" as used herein shall mean the quantity of Workstations covered by the Basic User License plus any additional License Extension as applicable per your order.

1.10) Digital Commercial Product

"Digital Commercial Product" as used herein shall mean an electronic document or data file which is offered for distribution to third parties in exchange for a separate fee or other consideration. By way of illustration and not by way of limitation, an electronic book (e-book), or interactive software (video game or any other computer application) distributed for a fee shall be considered a Commercial Product.

1.11) Physical Commercial Product

"Physical Commercial Product" as used herein shall mean any tangible object which is offered for distribution to third parties in exchange for a separate fee or other consideration. By way of illustration and not by way of limitation, a T-shirt, poster, coffee mug, or rubberstamp shall be considered a Physical Commercial Product.

1.12) Branding System

"Branding System" as used herein shall mean any part of a graphic campaign or styleguide which involves the design and/or repetition of a logo, insignia, emblem, trademark, nameplate, logotype, typeface, symbol, standardized graphic arrangement or layout intended to signify or identify an agency or entity.

1.13) Commercial License

"Commercial License" as used herein allows the Use of the Font Software for purposes related to the development or production of any Branding System, Digital Commercial Product, or Physical Commercial Product.

Article 2: Usage

2.1) License

You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to access the Font Software (i) only in a Licensed Unit, (ii) only for your Personal or Internal Business Use, and (iii) only subject to all of the terms and conditions of the Agreement. You have no rights to the Font Software other than as expressly set forth in the Agreement. You agree that Publisher owns all right, title and interest in and to the Font Software, its structure, organization, code, and related files, including all property rights therein such as copyright, design and trademarks rights. You agree that the Font Software, its structure, organization, code, and related files are valuable property of Publisher and that any intentional Use of the Font Software not expressly permitted by the Agreement constitutes a theft of valuable property. All rights not expressly granted in the Agreement are expressly reserved to Publisher.

2.2) Commercial Printers

You may provide a digitized copy of the Font Software used for a particular document to a commercial printer or service bureau for use in printing such document.

2.3) Font Embedding

You may embed the Font Software in a secure electronic document for Previewing and Printing use only. 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 editing, alterations, enhancements, or modifications by the recipient of such document without obtaining a License Extension from Publisher authorizing you to do so.

2.4) Distribution Of A Digital Commercial Product

You may not redistribute the Font Software as part of any Digital Commercial Product without obtaining a License Extension from Publisher authorizing you to do so.

2.5) Distribution Of A Physical Commercial Product

You may not incorporate any Glyph(s) in the production of a Physical Commercial Product without obtaining a Commercial License from Publisher authorizing you to do so.

2.6) Use In Branding Systems

You may not incorporate any Glyph(s) or Font Software in the production of a Branding System without obtaining a Commercial License from Publisher authorizing you to do so.

2.7) Creating Derivative Work

You may adapt, modify, alter, or otherwise change the Font Software for Personal or Internal Use only where such Use is in accordance with the terms of the Agreement. All Derivative Works are subject to the terms of this Agreement. You may not adapt, modify, alter, or otherwise change the Font Software, or create Derivative Works from the Font Software or any portion thereof in exchange for a separate fee or other consideration without Publisher's consent.

2.8) Copyright Acknowledgement

You acknowledge that the Font Software is protected by the copyright and other intellectual property law of the United States and its various States, by the copyright and design laws of other nations, and by international treaties. You may not copy the Font Software, except as expressly provided herein. Any copies that you are expressly permitted to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Font Software.

2.9) Trademark Use & Acknowledgement

You agree to use trademarks associated with the Font Software according to accepted trademark practice, including identification of the trademark owner's name. Trademarks can only be used to identify printed output produced by the Font Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit of Publisher. You may not change any trademark or trade name designation for the Font Software.

2.10) Transfer Of License

You may not rent, lease, sublicense, give, lend, or further distribute the Font Software, or any copy thereof, except as expressly provided herein. You may transfer all your rights to use the Font Software to another person or legal entity provided that (i) the transferee accepts and agrees to be bound by all the terms and conditions of the Agreement, and (ii) you destroy all copies of the Font Software, including all copies stored in the memory of a hardware device.

2.11) Archival Copies

You may make back-up copies of the Font Software for archival purposes only, and you shall retain exclusive custody and control over such copies. Upon termination of the Agreement, you must destroy the original and any and all copies of the Font Software.

2.12) Trademark Use & Acknowledgement

Publisher warrants to you that the Font Software will perform substantially in accordance with its documentation on Workstations that are suitably equipped for Use of the Font Software. No warranty is made with regard to third-party software or hardware that is not specified for Use of the Font Software. Any refund of any fee paid for the licensing of the Font Software will be made at Publisher's discretion. The settlement of any warranty claim will be limited to the refund of the license fee paid to Publisher for Use of the Font Software. To make a warranty claim, you must, within a thirty (30) day warranty period, contact the Publisher to verify the occurrence of the transaction and the basis of the warranty claim. PUBLISHER DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR PUBLISHER'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, PUBLISHER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL PUBLISHER BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so that such limitations may not apply to you. In those jurisdictions, you agree that Publisher's liability for such physical injury or death shall not exceed One Dollar (U.S. $1), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction.

2.13) Governing Jurisdictions

The Agreement will be governed by the laws of Georgia applicable to contracts wholly entered and performable within such state. All disputes related to the Agreement shall be heard in the Circuit Court of Clarke County, Georgia, U.S.A. or the United States District Court for the Northern District of Georgia, Atlanta, Georgia, U.S.A. Both you and Publisher agree to the personal jurisdiction and venue of these courts in any action related to the Agreement. The Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

2.14) Termination Of Agreement

The Agreement shall automatically terminate upon failure by you or any of your authorized agents to comply with its terms. The termination of the Agreement shall not preclude Publisher from suing you for damages of any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Publisher.

2.15) Rights Reserved

You have the rights expressly set forth in the Agreement and no other. All rights in and to the Font Software, including unpublished rights, are reserved under the copyright laws of the United States and other jurisdictions. All rights reserved. Notwithstanding the foregoing, to the extent that any law, statute, treaty, or governmental regulation shall be deemed by a court of competent jurisdiction to provide you with any additional or different rights from those provided herein and such rights shall be deemed non-waiveable as a matter of law and to supersede the rights specifically provided herein, then such law, statute, treaty, or governmental regulation shall be deemed to be made a part of the Agreement. To the extent that any such rights created by any law, statute, treaty or governmental regulation are waiveable, you agree that your acceptance of the Agreement shall constitute an effective and irrevocable waiver of such rights. The Agreement may be enforced by Publisher or by an authorized agent acting on behalf of Publisher.


Terms of Use

Positype, LLC ("Positype") makes available for your use on this Web site (the "Site") software, information, documents and products (collectively, the "Materials") and various services operated by Positype (collectively, the "Services"), subject to the terms and conditions set forth in this document (the "Terms of Use and Sale"). By accessing or utilizing this Site, which includes your access to or use of any of the Services, you agree to the Terms of Use and Sale. Positype reserves the right to change the Terms of Use and Sale from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use and Sale posted on the Site at the time of such use. In addition, when using particular Services or Materials on this Site, you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use and Sale. All such guidelines or rules are hereby incorporated by reference into the Terms of Use and Sale. If you breach any of the Terms of Use and Sale, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site.

Copyright: A Limited License

The Materials and Services on this Site are protected by copyright and/or other intellectual property laws. Any unauthorized use of the Materials or Services on this Site may violate such laws. Except as expressly provided herein, Positype and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials and Services.
Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of Positype.

Fonts Are Software

Use of Software. The software and accompanying documentation that are made available to download from this Site are the copyrighted work of Positype and/or its suppliers and creative partners. Use of the software is governed by the terms of the End User License Agreement (EULA) that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the software.

Downloaded Products

At the point in which you have downloaded onto your computer any of the font software using credit card payment, you accept that those goods are non-returnable and non-refundable. If the goods are defective in any way, you agree to inform Positype within 30 days and replacements of defective goods will be provided expeditiously. Your statutory rights as a consumer are not affected.

Use of Site Information

Except as otherwise indicated elsewhere on this Site, you may view, download and print the documents and information available on this Site subject to the following conditions:

1.) The documents and information may be used solely for personal, informational, internal, non-commercial purposes.
2.) The documents and information may not be modified or altered in any way.
3.) The documents and information on the Site may not be distributed or published.
4.) You may not remove any copyright or other proprietary notices contained in the documents, information or products.
5.) Positype reserves the right to revoke the authorization to view, download and print the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from Positype.
6.) The rights granted to you constitute a limited license and not a transfer of title.

The rights specified above to view, download and print the documents and information available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Use And Protection Of Account Number And Password

You are responsible for maintaining the confidentiality of your User I.D. and password, where and if applicable. You are responsible for all uses of your User I.D., whether or not actually or expressly authorized by you.

Warranties And Disclaimers

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND Positype, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Positype MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED.

Positype ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER ERRORS, INACCURACIES OR TYPOGRAPHICAL ERRORS. Positype MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND Positype MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

IN NO EVENT SHALL Positype OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT Positype HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Positype OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE AND SALE.

This Site may contain links to third-party Web sites that are not under the control of Positype. Positype makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-Positype Web site, you do so at your own risk and Positype is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on such sites or for the quality of any products or services available on such sites. Positype provides such links merely as a convenience and the inclusion of such links does not imply that Positype endorses or accepts any responsibility for the content or uses of such Web sites.

Personal Information And Privacy

To learn about how Positype protects your personal information, such as your name and address, refer to the Positype Online Privacy Policy.

Governing Law And Jurisdiction

This Site (excluding any linked sites) is controlled by Positype from its offices within the state of Georgia, United States of America. By accessing this Site, you and Positype agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Georgia, without regard to the conflicts of laws principles thereof. You and Positype also agree and hereby submit to the exclusive personal jurisdiction and venue of the United States District Court for Georgia of and in the County of Clarke with respect to such matters. Positype makes no representation that Materials or Services available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Trademark Information

The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Positype or other third parties. You are not permitted to use the Marks without the prior written consent of Positype or such third party which may own the Marks. Positype and the Positype logo are trademarks of Positype. For a current list of Positype's Marks, as well as certain third party Marks, please refer to the Trademarks Section.

Export Control Laws:
Notice To U.S. Government Users

The export and re-export of Positype software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods. By downloading a Positype software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

PD Positype, LLC. All rights reserved.


Font Installation

Some Important Considerations When Handling Your Fonts:

  • Never rename any font files.
  • Do not install more than one format of any given font: Opentype, TrueType or PostScript Type 1.
  • Macintosh operating systems prior to Mac OS X require Adobe Type Manager [ATM] to make use of Opentype and PostScript Type 1 fonts.
  • Not all Opentype fonts are programmed with advanced typesetting features. Likewise, not every design application supports advanced Opentype features.

For OS and application specific installation instructions, please refer to the documentation supplied with the application.