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HYPEFORTYPE STANDARD END USER LICENSE AGREEMENT
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IMPORTANT - PLEASE READ CAREFULLY: This end user License Agreement (hereinafter, "EULA," "License," "Agreement" or "License Agreement") is a legal agreement between you and HypeForType Ltd. (ÒHFTÓ) for the product, designs and software that accompany this Agreement, and is also applicable to any media, printed materials, electronic documentation, updates add-ons, web services and any other material that may be associated with the product now or in the future. .Ê BY PLACING AN ORDER FOR AND ACCEPTING HFT FONT SOFTWARE (ELECTRONIC DATA), OR BY DOWNLOADING THE SOFTWARE AND CLICKING THE ÒI ACCEPTÓ BUTTON (OR SIMILAR ONLINE ACCEPTANCE MECHANISM) ACCOMPANYING THIS LICENSE, LICENSEE ACKNOWLEDGES THAT IT HAS READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTANDS THEM, AND AGREES TO BE BOUND BY THEM. IF LICENSEE DOES NOT AGREE TO THESE TERMS AND CONDITIONS, LICENSEE MUST PROMPTLY CEASE DOWNLOAD OR DELIVERY OR USE OF THE LICENSED PRODUCT AND RETURN THE LICENSED PRODUCT AND ALL ACCOMPANYING ITEMS, IF ANY, TO HFT OR ITS RESELLER FOR A FULL REFUND OF THE LICENSE FEE WHICH LICENSEE PAID FOR THE LICENSED PRODUCT, AND LICENSEE MUST IMMEDIATELY DELETE ANY PORTION OF THE FONT SOFTWARE INSTALLED ON LICENSEEÕS COMPUTER(S). If you do not agree to the terms of this agreement, do not purchase this License, download, install, access or use the font software.
1. GRANT OF LICENSE.Ê
Upon payment in full, HFT grants you a non-exclusive, terminable License to use the font software ("Font[s]") and the designs embodied therein together with any accompanying documentation, each in accordance with the terms and conditions of this license. This license allows use of the Font Software with not more than five (5) Users. Use of the font software on a portable computer is permitted provided that the portable computer is owned by a licensed User and is not used in excess of the Users licensed under this agreement. If you purchase a license to use the Font Software with more than 5 Users, you may install the font software on the computers of the number of users identified in the order receipt. If at any time your use of the font software exceeds that permitted in the applicable license, you agree to immediately notify HFT and purchase the appropriate license.
2. MULTI-USER LICENSE(S).
When you order fonts through HypeForType.com, you are able to purchase your Multi-User License(s) at the same time.
(a). License Extensions. You are able to add additional Multi-User Licenses for the same font products for a period of three (3) years from the date of your original purchase.
(b). Multi-User Licenses HFT calculates Multi-User Licenses based on the chart below. The price HFT charges you will be calculated based on the Recommended End User Price times the number of CPUs or Users, (whichever is the greater). The maximum number of CPUs licensed is equal to the number of users selected in the applicable receipt. Please retain this receipt as proof. If your Multi-User Licensing requirements exceed our current calculations within the shopping cart please contact HFT for additional information.
3. ONE BACK-UP.Ê
You are permitted to make one (1) back-up copy of the Font Software for archival purposes only. Unauthorized sharing, lending, renting, sale, or other unauthorized use or misuse of the original font software and/or the back-up copy is a material breach of this license and will result in immediate Termination of this License. You are not permitted to alter the font software in any manner whatsoever. You are not permitted, by way of example not limitation, to decompile, reverse engineer, disassemble, modify, alter or change the software or any associated embedding bits.
4. EXCLUSIVE OWNERSHIP.Ê
HFT and the respective owner of the font software, their successors and assigns each retain all right and title to their respective software, trademarks, copyrights and the designs embodied in the Font Software. You agree not to copy the Font Software or create derivative works based upon the Font Software and/or the design of the Font embodied in the font software.Ê You hereby agree that this term is contractual in nature and that the unauthorized use of the design of the font and the font software shall be an infringement of HFTÕs or the owner of the respective rights, causing irreparable harm.Ê You further agree that such damages cannot be readily estimated, are irreparable and that HFT or the owner of the respective fonts shall be entitled, without the obligation of a bond, to seek a temporary or permanent restraining order to prevent harm. HFTÕs or the ownerÕs rights shall be cumulative in nature.
5. LIMITED DISTRIBUTION.Ê
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. Copying and distribution to commercial printers or service bureaus is limited to those who state that they are licensed to use the Font Software. You are further permitted to include a temporary copy the Font Software with a document solely for the purposes of your facilitating your personal printing and/or viewing of the document.
6. THIRD PARTIES.Ê
If you are a design consultancy, advertising agency, or purchasing this license for use by or on behalf of such an entity, the ultimate end user should also purchase a License appropriate for the intended use of the font software.Ê Specifically, if your client will use copies of the font software, your client must also purchase the required 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 licensed users. Specifically, you may not make copies greater than those authorized under this license for temporary use by freelance users, temporary employees or independent contractors
7. LIMITATIONS.Ê
Use of HFT font software in any of the following circumstances, among others, without limitation, is NOT permitted without first obtaining the appropriate special licensing:
a) ALPHABET OR LETTERFORM-RELATED PRODUCTSÊFOR RESALE OR LETTERFORM CREATION PRODUCTS OR DEVICES;
b) EMBEDDING IN ELECTRONIC DEVICES; ELECTRONIC BOOKS, ALL GAMING USES AND/OR DEVICES.
c) EMBEDDING IN SOFTWARE.
d) 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.
e) USE IN FILM, FLASH-TYPE ANIMATIONS, TELEVISION OR BROADCAST VIA CABLE TELEVISION OR ON THE INTERNET.
f) USE OF ÒDINGBATS,Ó OR IMAGES IN OR FORMING A PART OF THE FONT SOFTWARE USED AS AN ELEMENT IN OR PART OF A LOGO OR TRADEMARK OR USE OF THE SAME ON GOODS FOR SALE.
g) USE OF ANY ILLUSTRATIONS EMBODIED IN THE FONT SOFTWARE ON PRODUCTS FOR RESALE WITH THE PURCHASE OF A SPECIAL LICENSE.
h) INSTALLATION OF THE FONT SOFTWARE ON A SERVER FOR SERVING TO USERS.
8. SPECIAL UPGRADES.Ê
All commercial for-profit usage requires a Special Font License upgrade and is available for the following scenarios: Web Servers, Web to Print technologies, Webfonts, editable PDFs, PDF editing software (such as uPDF), PowerPoint, Flash, Silverlight or other non-static files or situations where the font software is embedded or subset into electronic documents that permit editing, selecting, enhancing or other modification of the text. A Special Font License is also required for ePublishing, ePub, eBooks, eZines, conversion into any kind of Scalable Vector Graphics (SVG) unless licensed under this license, bitmap fonts, obfuscated fonts, digital news media, subscription services, apps, Apps, iOS, Android, phones, mobile devices, pagers, handheld reader devices, proprietary reader devices, MOBI, AZW, OEM Licensing, motion pictures, videos, television, DVR menus, movie trailers and credits, acknowledgements, syndication, incorporating the font software into your hardware unless licensed under this agreement, software or any other products, |
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