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Trial by Cupcakes Desktop Fonts Agreement




Trial By Cupcakes - End User License Agreement


 


IN A NUTSHELL:


 


•  Can I use the font for a logo, printed
materials, or on as an image on a web page?


   Yes! Provided that
the image is a fixed size (see section 2a).


•  Can I use the font on clothing, packaging,
merchandise, or other retail goods?


Yes! Provided
that the number of units produced is less than 500,000 (see section 2a). A
number of units greater than 500,000 requires a special license- please contact
Trial by Cupcakes.


•  Can I use the font on my
website
the CSS
@font-face rule?


   Not with this
desktop license, but this is permitted with a webfont
license.


•  Can I use the font in a web or blog template
for resale?


You may use the font for
static, pixel-based images. For CSS or other live type, the end user   (in this case, the website or blog owner)
must hold the appropriate license for the font.


•  Can I give away or share copies of the font
with friends, or on public file-sharing or file-storing sites?


No- this is an illegal
violation of copyright. You may, however, provide a temporary copy of the font
to a commercial printer or other service provider solely for the production of
work on your behalf (see section 3).


 


LICENSE
This is a legal Agreement between a licensee (“You”) and Laura Condouris d/b/a Trial By Cupcakes (collectively, “TBC”). By
downloading and/or installing, copying, or using the Font Software, You agree
the terms of this Agreement. If You do not agree to these terms, do not
purchase this License, or download, or install, or use the Font Software.



1. Grant of License. Upon payment in full, TBC grants a non-exclusive and
terminable License to use the Font Software and the designs created by the Font
Software, but your use must be in accordance with the terms and conditions of
this Agreement. You are only allowed to use the Font Software with the number
of users you have licensed.  The number
of licensed users is identified on your receipt. Use of the Font Software on a
portable computer is permitted but the portable computer must be owned by You
or a licensed user and You can only have the authorized number of concurrent
uses of the Font Software running at the same time. Use of the Font Software at
more than one geographic location requires the purchase of a special License.
If at any time your use of the Font Software exceeds that permitted in your
License, You agree to immediately notify TBC and purchase the proper License.


2. Permitted Uses. 


a. You are
permitted to use the Font Software for static images (conversion to outlines or
vector images) for print, use on the web as vectors, in displays, for logo use,
and for your personal use on clothing. Use on goods for sale is permitted
provided the number of units produced is less than 500,000. You are permitted
to use the Fonts to make GIF, JPEG, SVG, PNG, and other pixel-based images for
use on the Internet provided that the image creation is not automated, the
images are made personally by a Licensed User, and that no embedding or other transmission
of the Font Software is made possible by these uses.


b. You
may modify the vector outlines of a font you have licensed using an editing
program such as Adobe Illustrator or Corel Draw provided such changes result in
a vector image or graphic. You are not permitted to create a derivative Work or
a new font by modification of the outlines of the Font Software. You may not
alter Font Software for the purpose of adding any functionality which the Font
Software did not originally contain. You may not change or alter the embedding
bits. 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.


3. 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. You are also
permitted 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.


 


4. Exclusive
Ownership. TBC together with any successors and assigns retain all right and title
to the Font 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 of TBC’s rights, causing significant monetary harm.
This
License grants no ownership rights in and to Font Software. You agree that the
Font Software, its structure, organization, code, and related files are the
valuable properties of TBC and that any intentional use of the Font Software
not expressly permitted by the Agreement constitutes infringement, causing
monetary harm to TBC.  All rights not
expressly granted in the Agreement are expressly reserved to TBC. You may not use the Font Software to create a Commercial
Product based upon the designs embodied in the Font Software without a separate
license from TBC authorizing such actions.


5. One Back-up. You are permitted to make one (1) back-up
copy of the Font Software. Unauthorized copying, creating derivative works,
sharing, lending, renting, sale, or other unauthorized use is not permitted.
Unless the law of your country states otherwise, You are not permitted to
decompile, reverse engineer, disassemble, modify, alter or change the Font
Software or the associated embedding bits.


6. Other Uses Limited. If You are a design consultancy,
advertising agency, or purchasing this License for use by or on behalf of such
an entity, the actual end user must purchase an appropriate License.
Specifically, if your client will use copies of the Font Software, your client
must also purchase a License. The license granted herein does not extend to
uses by temporary employees, freelancers or independent contractors using the
Font Software in professional environments or for other professional uses in
excess of the number of Authorized Users under this License. Specifically, You
may not make more copies than are licensed even if the use is only temporary.


7. Special Licenses. Uses of the Font Software, as noted
below, is NOT permitted without first obtaining a special license:


 


a)   EMBEDDING IN ELECTRONIC DEVICES; ALL GAMING
USES AND/OR DEVICES.


b)   EMBEDDING IN SOFTWARE.


c)   USE AS WEBFONTS, STORING, CACHING, SERVING OR
OTHERWISE PROVIDING ACCESS TO THE FONT SOFTWARE TO THIRD PARTIES VIA THE
INTERNET FOR USE OR DISPLAY ON THE INTERNET, IRRESEPCTIVE OF THE FORMAT OR
TECHNOLOGY USED.


d)   COMMERCIAL ALPHABET OF LETTER-FORM
PRODUCTS CREATED FOR SALE OR REDISTRIBUTION BY STORES SELLING
CRAFT GOOD PRODUCTS, SERVICES OR SUPPLIES.


   e)  
USE IN PERSONALIZED OR CUSTOMIZED GOODS FOR RETAIL SALE.


   f)   USE ON TELEVISION, FILM OR TITLING
IRRESPECTIVE OF BROADCAST


         MEDIUM OR FORM OF DISTRIBUTION.         


g)   USE ON PRODUCTS FOR SALE IN AMOUNTS OVER
500,000 UNITS WITHOUT THE PURCHASE OF A SPECIAL LICENSE.


h)   RELIGIOUS OR POLITICAL
CAMPAIGN USES WITHOUT EXPRESS WRITTEN


      PERMISSION.


 


 


Letterform and Alphabet Products include product uses
involving reproductions of individual letterforms, including but not
limited to, digital alphabets, sticker alphabet products, embroidery letters or
fonts, monogram products, rubber stamps, die-cut letter products,
stencil products. Font may not be converted into software for the purposes
of producing alphabet 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 or likeness of the letterforms that can
be reproduced where the letterform or alphabet product will be distributed
or resold. These restrictions do not apply to laser or inkjet printers
used for those purposes generally associated with professional design such
as, graphic and industrial design, or to sign-making facilities, provided the
end product is a finished, work of design or ready to use sign.


 


 In the event you wish to use the Font
Software for any religious materials or uses or political campaigns, logos or
identities associated therewith, TBC ‘s express written permission is required.
TBC reserves the right to grant or deny any license for any such uses.


 



8. 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. You are permitted to transfer this License to use the Font
Software one (1) time only. You are not permitted to purchase a License for
resale purposes. If You transfer this License, You agree that (i) You will transfer the original Font Software together
with all documentation, and (ii) you will destroy all other copies of the Font
Software.



9. Revocation of Warranties. TBC 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 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 TBC
hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. TBC DOES NOT REPRESENT OR 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 AND PROCESS 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 TBC 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. In no event shall any liability of TBC
exceed the purchase price of the License to the Font Software or replacement of
the Font Software, either at TBC’s sole discretion.
10. Other Law. Some jurisdictions do not allow the exclusion or limitation of
incidental, consequential or special damages, and implied 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.
11. Termination. This License Agreement is effective as of the Date of full
payment. This License 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.
12. Governing Law. You expressly agree that this Agreement shall be governed,
enforced and construed in accordance with the laws of the State of New York as
they apply to contracts entered into and wholly performed therein, without
regard to the conflict of law provisions of New York, USA or the conflict of
law provisions of any other jurisdiction, including without limitation, the
United Nations convention on Contracts for the International Sale of Goods. You
further expressly consent to the personal jurisdiction of the Federal Courts
located in the Eastern or Southern District of New York, USA 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 identified herein and
expressly consent to service of process by Certified Mail, return receipt
requested. TBC expressly reserves any and all rights to seek equitable relief
including, but not limited to, temporary restraining orders and injunctive
relief, without the obligation of bond together with any other remedies
available to TBC.
13. Compliance with Law and Export Restrictions. You agree to be responsible
for your own compliance with all laws relating to the control of exports or the
transfer of technology.



14. 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 by TBC with a provision that most closely
effects the intent of the invalid provision.
15. Entire Agreement. This Agreement constitutes the entire understanding
between the parties and supersedes all previous agreements, promises,
representations and negotiations between the parties. This Agreement may be
amended upon the agreement of the parties.


16. Waiver. The failure of TBC at any time or times to
demand strict performance by You of any term or condition of this Agreement
shall not be construed as a continuing waiver or relinquishment of any other
rights.
17. Headings. The captions and numberings of the various sections of this
Agreement are for convenience only and shall not control or affect the meaning
or construction of any of the terms or provisions of this Agreement.
Laura Condouris
- Trial
By Cupcakes
Trademarks and Copyrights are the exclusive property of Laura Condouris. All Rights Reserved.