Ebisu Thinkdust

Thinkdust's Third Party License

 (HFT) THINKDUST FONTS – END USER LICENSE AGREEMENT

 --------------------------------------------------------------------------------

ACKNOWLEDGEMENT. 

IMPORTANT NOTICE: HYPEFORTYPE (HFT) IS WILLING TO LICENSE THE LICENSED PRODUCT TO LICENSEE ONLY ON THE CONDITION THAT LICENSEE ACCEPTS THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BY PLACING AN ORDER FOR AND ACCEPTING HFT FONT SOFTWARE (ELECTRONIC DATA), OR BY DOWNLOADING THE SOFTWARE AND CLICKING THE “I ACCEPT” 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 LICENSEE’S COMPUTER(S).

1. GRANT OF LICENSE

In consideration of payment of the license fee, included in the price paid by the Licensee for this product, the Licensor grants to the Licensee a non-exclusive right to use this product, which consists of electronic data to display and output PostScript®, TrueType® or OpenType® typefaces. This electronic data may be installed on up to five (5) CPUs. If you are using this product with more than five (5) CPUs, you are required to obtain a Multi-User License for the appropriate number of CPUs/Users. (See Multi-User Licenses section below). The terms of this Agreement are contractual in nature and not mere recitations. When you order fonts through HypeForType.com, you are able to purchase your Multi-User License(s) at the same time. 1 (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. 1 (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. 

Number Price 

of CPUs/Users Multiplier 

1-5 price x 1

6-15 price x 2

16-30 price x 3

31-45 price x 4

46-65 price x 5

66-80 price x 6

81-95 price x 7

96-120 price x 8

121-145 price x 9

146-160 price x 10

161-180 price x 11

181-195 price x 12

196-215 price x 13

216-230 price x 14

231-260 price x 15

261-300 price x 16

301-335 price x 17

336-375 price x 18

376-415 price x 19

416-460 price x 20

461-520 price x 21

521-580 price x 22

581-640 price x 23

641-700 price x 24

701-760 price x 25

761-820 price x 26

821-880 price x 27

881-940 price x 28

941-1000 price x 29

941-1000 price x 29

1001+ please contact [email protected] for pricing.

If your Multi-User Licensing requirements exceed our current calculations within the shopping cart please contact HFT for additional information. 

2. OWNERSHIP.

HFT retains intellectual property rights, title and ownership of any of its electronic data provided. This title and ownership extends to copies of the data installed on any computer, downloaded to any output device, or retained on other media by the Licensee as a backup. This license does not constitute an exclusive sale of the original product to the Licensee. This Agreement does not grant you any right to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, franchises or licenses in respect of the electronic data. No rights are granted to you other than a License to use the electronic data on the terms expressly set forth in this Agreement. The Licensee further acknowledges and agrees that the structure, organisation and code of the font software are valuable trade secrets and confidential information of HFT. The font software is protected by copyright including without limitation, by United Kingdom Copyright Law, international treaty provisions, and applicable laws in the jurisdiction of use.

3. COPY RESTRICTIONS. 

This product is copyrighted and contains proprietary information and trade secrets of HFT. Unauthorised copying of this product is expressly forbidden. You are permitted to create backups of the font software, provided that: (a) they are stored only at the site where this product is licensed, and (b) the full copyright information is included with each backup copy. You may be held legally responsible for any infringement of HFT’s intellectual property rights that is caused or encouraged by your failure to abide by the terms of this Agreement.

4. PERMITTED USES. 

This product is licensed only to the Licensee, and may not be transferred to any third party at any time without the prior written consent of HFT. You may not modify, translate, adapt, alter, decompile, disassemble, decrypt, reverse engineer, change or alter the embedding bits, the font name, legal notices contained in the font software, nor seek to discover the source code of the font data, convert into another font format, create bitmaps, add or subtract any glyphs, symbols or accents, or any other derivative works based on the electronic data in this product. Licensee may not supply, directly or indirectly, any HFT font data to any other firm, business or individual for any type of modifications or updates whatsoever. If the Licensee needs to modify or update the font data in anyway in the future, HFT (Licensor) solely will perform and invoice this additional work at its normal prevailing rates. You may not duplicate, modify, adapt, translate or create derivative works based on the printed materials that may have been supplied with this product. 

It is a breach of this license agreement to use the product in any way that infringes the rights of any third party under copyright, trademark, patent or any other laws. In the event of infringing uses by Licensee, this license immediately terminates and Licensee is solely responsible for any such infringing uses including all legal and other damages that may be incurred.

EMBEDDING RESTRICTIONS

PDF embedding of the font software into PDF documents is only permitted in a secured read-only mode that allows only printing and viewing, and prohibits editing, selecting, enhancing or modifying the text. Licensee must ensure that recipients of PDF documents cannot extract the HFT font software from such PDF documents or use the embedded font software for editing purposes or for the creation of new documents. This type of embedding may only be used in a non-commercial, not-for-profit scenario. If you are unable to limit access to the document to “printing and viewing” only, then the electronic document(s) may not be used on computers that are not Licensed Computers. Examples of non-commercial, not-for-profit permitted usage include PDF documents supplied to Service Bureaus, printers, or any documents that disseminate personal, internal or business information. With the purchase of a Special Font License upgrade (see below), you may, for example, embed and subset the font software into digital for-profit commercial documents, or choose the appropriate Special Font License upgrade for a host of other uses and applications.

SPECIAL FONT LICENSING

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), bitmap fonts, obfuscated fonts, digital news media, subscription services, 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, software or any other products, such as application programs, interfaces, EPOS, WEPOS, POSReady, operating systems, electronics, electronic games, entertainment products, video on demand, gaming devices, kiosks, LED displays or similar mediums, automotive displays, signage, alphabet products, scrapbook products or software, adhesive or rub on lettering, embroidery machines, plotters, printers, application software for broadcast graphics, such as Avid, Chyron, Harris, Vizrt, commercial merchandising and goods for sale, (such as clothing apparel and accessories), physical goods, unique branding situations, and any and all other unique or new applications or future technologies, irrespective of operating systems or platforms. Using HFT software without the appropriate license is expressly prohibited. All Special Font Licensing can only be approved, issued and administered directly from HFT. If you require further information or have any questions regarding Special Font Licensing, you must contact HFT directly. email: [email protected] 

5. LIMITED WARRANTY. 

If the media or the font software contained in this HFT product is found to be defective within 90 days of the date of delivery to the Licensee, HFT will provide suitable replacements at no charge to the Licensee, provided the Licensee can provide proof of purchase. The entire risk of performance and quality of this product is with the Licensee. HFT does not warrant that this product will operate with all other software products, or that it will satisfy your requirements. HFT’s entire liability to the Licensee will not extend beyond replacement of defective media or refund of the purchase price.

6. DISCLAIMER. 

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THIS PRODUCT IS PROVIDED “AS IS”. HFT DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HFT, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND LICENSEE MAY NOT RELY UPON ANY SUCH INFORMATION OR ADVICE. HFT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION AND LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THIS PRODUCT. 

Because laws governing the exclusion or limitation of liability for consequential or incidental damages vary, the above limitation may not be applicable.

7. UPDATE REGISTRATION. 

At its option, HFT will, from time to time, provide updates of this product to Licensees who have opted into receiving updates in their HypeForType.com user profile.

8. TERMINATION. 

This Agreement is effective until terminated. This Agreement will terminate automatically without notice from HFT, if the Licensee fails to comply with any provision contained herein. Upon termination of this Agreement, the Licensee must: (a) destroy all copies of the electronic data, including the copy on the disk media originally provided in this product, (b) destroy all written materials provided with this product, if any, and (c) provide HFT with written verification that the product has been destroyed.

9. GENERAL. 

You agree to inform your employees or any other person having access to the HFT software and copies thereof, of the terms and conditions of this Standard License Agreement and to ensure that they shall strictly abide by these terms and conditions. You agree that you will not export or re-export the Software in any form without the appropriate United Kingdom and foreign government licenses. You agree not to sublicense, sell, lease or otherwise transfer the electronic data without the prior written consent of HFT.

10. SEVERABILITY. 

If any provisions of this Agreement are held to be invalid, illegal or unenforceable, then such provision(s) shall be severed from it, and the validity, legality and enforceability of its remaining provisions shall not be affected or impaired.

11. WAIVER. 

Waiver of any right(s) at any time shall not constitute waiver of any right(s) at any future time.

12. LICENSE AGREEMENT. 

This Agreement represents the entire License Agreement between the Licensor and Licensee. This agreement supersedes any other (HFT) Standard License Agreement, which may have been included with the font software or previously displayed on the HFT or its Authorised Distributors’ web sites. This Agreement my only be modified by HFT in writing that expressly states that such writing is intended to modify this License Agreement. HFT expressly reserves the right to amend, modify or change this Standard License Agreement at any time without prior notification.

13. JURISDICTION. 

This Agreement represents the entire agreement between the Licensor and Licensee. This Agreement supersedes any other Standard License Agreement, which may have been included with the font software or previously displayed on the HFT or its Authorised Distributors’ web sites. This Agreement may only be modified by HFT in writing that expressly states that such writing is intended to modify this Agreement. The laws of the United Kingdom govern this License Agreement. If you have any questions concerning this Agreement or any matters regarding our products, please write to: HypeForType Ltd, P.O. Box 4955, Calleywhite Lane Industrial Estate, Calleywhite Lane, Dronfield, S18 9DZ, United Kingdom. Alternatively you can email: [email protected]

HypeForType, and the Thinkdust Collection are the brands and trademarks of HypeForType, Ltd. PostScript and Flash are registered trademark of Adobe Systems, Inc. TrueType®, OpenType® and Silverlight® are registered trademarks of Microsoft Corporation. All other brand or product names are the trademarks or registered trademarks of their respective holders and are duly recognised. © Copyright, 2007 - 2018. HypeForType, Ltd.