EULA End User License Agreement

Transcription

1 LICENSE OVERVIEW You May: - Install the Font Software on one Desktop and one Backup device. (see section 2.1) - Use the fonts in the creation of or as part of a company logo. - Use the fonts in the creation of design works, rasterized images for web sites and for personal and commercial use, including items for resale, where the image is fixed and the entire font is not displayed. Fonts MAY NOT be embedded in any of these files, outlines must be created in vector files. You May NOT: - Use any of the frames, borders, swashes, elements, etc. that appear in the font software or extras in designs for sale on stock imagery sites. - Use the fonts for web fonts or embed them on web pages. (a separate license is required). - Alter, convert or reformat the font in any manner whatsoever (including webfont conversion) - Use the fonts for personalized/customized products for resale including, by way of example, personalized invitations, cards, t-shirts, etc. on sites such as Minted, Zazzle, etc. where the end customer is able to use/manipulate the fonts - a separate server license is required. - Use the fonts to create alphabets or letterform related products or in letterform creation for products or devices. - Use the fonts in broadcast on television, cable, or the internet; commercial exhibition or film, where the total impressions per month is over 10,000. (a separate license is required) - Embed the fonts in electronic devices, gaming devices, e-readers and so on. (a separate license is required) PLEASE READ THE ENTIRE LICENSE FOR A DETAILED DESCRIPTION OF ALL RIGHTS AND RESTRICTIONS District 62 Studio (D62) EULA End User License Agreement LICENSE This is a Binding Legal Agreement between you, the End User, and District 62 Studio (D62). By downloading, installing or using the Font Software, you agree to the terms of this Agreement. If you do not agree to the terms detailed below, do not purchase the License, download, install or use the Font Software. 1. GRANT OF LICENSE. Upon payment in full, D62 grants a non-exclusive and terminable License to use the Font Software, but you use must be in accordance with the terms and conditions of this agreement. 1.1 EXCLUSIVE OWNERSHIP. D62 together with its successors retains all rights and titles to the Font Software, trademarks, copyrights and designs embodied within the Font Software. You hereby agree that this term is contractual in nature and that the inauthorized use of the design of the Font and/or the FontSoftware shall be an infringement of D62 s rights causing significant monetary harm. This License grants NO OWN- ERSHIP RIGHTS to the Fnt Software.You agree that the Font Software, its structure, organization, code and related files are the exclusive and valuable property of D62 and that any use of the Font Software not expressly permitted by the Agreement constituteds inringement, causing significant monetary harm to D62. All rights not expressly granted in this Agreement are expressly reserved by D62.

2 2. PERMITTED INSTALLATIONS AND USES. 2.1 Installations. Use of D62 Font Software is limited to the number of End Users identified when this license was purchased. The Font Software may be installed on not more than 2 (two) computers (workstation and laptop, ipad or other portable device that is used as a substitute for the primary workstation of each licensed End User provided that both computers are not used simultaneously.) Using the Font Software on a SERVER over a network, LAN, WAN or internet is strictly prohibited. If you want to use the Font Software in such a manner, you will need to purchase a separate SERVER LICENSE from D62 Studio. 2.2 DESIGN USES. Use of the Font Software in the creation of or as part of a company logo is permitted. Use of the Font Software in the creation of design works where the works are rasterized or outlines are created for vectors, for your personal and commercial use is permitted, given that the entire font is not displayed where a third party could potentially extract the letterforms and create an illegal copy of the Font Software. The Font Software may Not be transferred to any unlicensed party. Other restrictions to the use of the Font Software are set forth in this agreement. 2.3 STOCK SITES and STOCK IMAGERY. The Font Software may NOT be resold, in part or in whole, by the End User on any Stock site or Font seller. This included the frames and borders, etc that are a part of the Extras of the Font Software. The End User may not claim authorship or sell any part of this font. The Font Software may be used to create digital images for sale on stock sites, but the image must be rasterized or outlines must be created for vector files. the Font Software MAY NOT be embedded in such files for sale. 2.4 ONE FONT SOFTWARE BACK-UP. You are permitted to make a single back-up copy of the Font Software. The Font Software may NOT be (in whole or in part) sublicensed, sold, leased, rented, loaned or given away to any person or entity. 2.5 SERVICE PROVIDERS/BUREAUS. In the event that you require the services of a third party for the production of color proofs, film or preparation for digital pre-press production or printing, you may provide the Service Provider with a copy of the Font Software provided that at the end of the job, the Provider MUST DELETE the copy of the Font Software or purchase their own license. 3. REFUNDS. If you do not agree with the terms of the Font Software EULA, do not download or install the Font Software. the D62 Software may be exchanged only if defective. If you do not agree to the terms of this Agreement and you wish to claim a refund, you must a) prove and 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. All claims must be made within one (1) week of purchase. 4. EMBEDDING 4.1 SOFTWARE/HARDWARE EMBEDDING. You may not, under any circumstances embed the licensed fonts into software or hardware products in which the fonts will be used by the purchasers of such products. Such use requires a separate license upgrade. 4.2 PDF TYPE EMBEDDING. You may embed the licensed font into any document you send to third parties. Such documents may be viewed and printed (but not edited) by the recipients. 4.3 WEBFONT EMBEDDING. This license does NOT permit the transmitting of the Font Software over the Internet for the purposes of font serving or font replacement by means of technologies such as, but not limited to, Cufon, EOT, sifr or other technologies that now exist or may be developed in the future. If you wish to use the Font Software in such a manner, a special license must be purchased. Translation or adaptation of the

3 Font Software and/or serving translated Font Software to viewers on the internet such as, but nit limited to, Cufon, WOFF, sifr, TypeKit, embeddable OpenType,etc. is not permitted under this license and requires a separate license upgrade. 5.RESTRICTIONS. Except as may be otherwise expressly permitted by your specific License, you may not distribute, sell, modify, include, adapt, translate, reverse engineer, decompile, disassemble, or translate into other fonts formats or formats for use with other forms of devices or otherwise copy and/or make available the D62 Font Software or the design of the Font Software without the written consent of District 62 Studio. Any modification, derivations and or adaptations of the Font Software or the design embodied within, is strictly prohibited without the express written permission of District 62 Studio, who reserves all rights to this Font Software. This term is contractual in nature. 6 OTHER RESTRICTIONS. Use of the D62 Font Software and the design of the Font therein is not permitted in the following circumstances or applications without purchasing a license upgrade. If you are unsure whether your use of the Font Software is specifically permitted under this agreement, contact District 62 Studio. 6a) Personalized Products for resale including, but not limited to, use of the Font Software to create physical goods for retail sale, by way of example only, using the Font Software as a resource to create individually customized T-shirts, greeting cards, invitations, etc on a per order basis for the retail sale on such sites as, by example only, Zazzle, Minted, Cafe Press, Etsy, etc. If you wish to use the Font Software in such a manner, a license upgrade must be purchased. Failure to purchase the proper license for such uses is a breach of this contract causing significant monetary damages and harm to District 62 Studio. 6b) Alphabet or letterform related products or in letterform creation products or devices. Including but not limited to scrapbooking, digital alphabets, adhesive sticker alphabets, embroidery letters or fonts, signage or numbering products, monogram products, rubber stamps, die cut products or any other application, device or product where the product producing or containing any image of the letterforms or images in the Font Software could potentially be reproduced, distributed and resold in whole or in part. 6c) Broadcast on television, cable or the internet: commercial exhibition or film including, but not limited to, creating titling and/or credits for any broadcast. For use in broadcasts where a license for the same has been purchased, the terms of any such license are limited to an annual broadcast season or the initial release. unless otherwise provided for, broadcast usage licensing must be renewed prior to the following season to retain a valid license. Failure to renew the license is a breach of this license causing significant monetary harm to District 62 Studio. 6d) Embedding in Electronic devices, all gaming devices, e-readers. 6e) Large volume commercial uses include, but are not limited to, proper and authorized use of the Font Software in the creation of products, promotional campaigns and related materials, advertising campaigns, product packaging or printed materials that require or results in the creation of more than 250,000 reproductions: interior or exterior store signage for regional or international uses including billboards. Under such circumstances an additional license is required. 6f) Webfont uses. 7) RIGHTS RESERVED. This Font Software is Licensed and NOT SOLD to you, the End User, by District 62 Studio and is licensed for use in accordance with the terms of the Agreement. District 62 Studio retains any and all copyrights to the Font Software and the Design of the Letterforms/Glyphs/Swashes,etc within and is protected under both domestic and international copyright, trademark and unfair competition laws. the various

4 names of District 62 Studio are trademarks of District 62 Studio. You, the End User do not own any rights to the Font Software or Design within. 8) DESIGN CREDIT. You agree to credit D62 as the trademark and copyright owner and creator of District 62 Studio Fonts in the following manner, (Font Name) District 62 Studio wherever and whenever design production or any other credits are shown. 9) DERIVATIVE WORKS PROHIBITED. You may not alter the Font Software or create any derivative works of the Font Software under any circumstances. Reformatting the Font Software into other formats or for use in other operating systems is expressly prohibited. Altering or amending the embedding bits characteristic of the Font software is expressly prohibited. the Font Software may not be used to create or distribute nay electronic document in which the Font Software, or any part thereof, is embedded in a format that permits editing, alternations, enhancements, or modifications by the receipt of such document. Derivative works based upon the D62 Font Software and the designs within may NOT be sublicensed, resold, sold, rented, leased, or given away. D62 shall not be responsible for unauthorized distribution, modified 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 the law and equity, you agree to immediately return the Font Software to D62 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 Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government, its employees or vendors may be subject to restrictions set forth in federal law and regulations. The manufacturer/designer/owner of this Font Software and the Designs within is District 62 Studio. 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 District 62 Studio hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANITES OF MERCHANTABILITY AND FITMESS FOR A PARTICULAR PURPOSE. District 62 Studio DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNITERRUPTED OR WITHOUT DEFECT, THE FONT SOFTWARE IS NOT INTENDED AND WAS NOT DESIGNED FOR USE IN ANY CIRCUMSTANCE WHERE THE FAILURE OF THE FONT SOFTWRE COULD LEAD TO DEATH,PERSONAL INJURY, OR SEVER PHYSICAL HARM OR ENVIRONMENTAL DAMAGE. THE FONT SOFTWARE IS NOT FAULT TOL- ERANT AND IS NOT INTENDED FOR USE IN THE CONTROL OR OPERATION OF DEVICES OR EQUIPMENT FOR MANUFACTUING, OR FOR USE IN NAVIGATIONAL DEVICES. UNDER NO CIRCUMSTANCES SHALL District 62 Studio BE LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SOECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSI- NESS INTERRRUPTION AS A RESULT OF THE USE OF THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCHA A POSSIBILITY. Under no circumstances, subject to the conditions noted herein, shall District 62 studio's maximum liability to you or a third party exceed the replacement cost of the Font Software at the sole discretion of District 62 Studio. 13) OTHER LAW - CONSUMERS ONLY. Some jurisdictions do not allow the exclusion or limitation or incidental, consequential or special damages, implied warranties as they relate to sales to non-business

5 purchases to consumers. ANY IMPLIED WARRANTY OR CONDITION CREATED BY LAW IS ONLY EFFECTIVE FOR A THIRTY (30) DAY WARRANTY PERIOD OR THE SHORTEST PERIOD ALLOWED BY ANY APPLICABLE RULE OR LAW OR STATUTE. THERE ARE NO WARRANTIES OR CONDI- TIONAS OF ANY KIND AFTER THE SHRTEST APPLICABLE 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 to be effective for more than thirty (30) days. 14. GOVERNING LAW. This Agreement will be governed by the laws of the Sate of Florida as applies to contracts entered into 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 selected by District 62 Studio for the hearing of or resolution or any dispute or action arising out of or related to this License 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 not exclusive. 15) COMPLETE AGREEMENT. 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 District 62 Studio and you which supersedes any proposal or prior agreement, oral or written, and any other communications between District 62 Studio and you relating to the subject matter of this Agreement. no variation of the terms of this agreement or any different terms will be enforceable against District 62 Studio unless D62 gives its express written consent, including a written express waiver of the terms of the Agreement. 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 fully in effect. District 62 Studio expressly reserves the right to amend or modify this License Agreement at any time and without prior notification, 16) LICENSE UPGRADES. License upgrades may be purchased for uses that are prohibited or restricted by this Agreement for additional fees at the sole discretion of District 62 Studio. Please contact megan@district62.com for further details.