HypeForType Server End User License Agreement
IMPORTANT - PLEASE READ CAREFULLY: This end user License or EULA is a legal agreement between You and HypeForType Ltd. (HFT) We recommend that you save or print a copy of this License for your reference. By placing an order and accepting the HFT Font Software or clicking the Accept button You acknowledge that you have read all of the terms and conditions of this Agreement and that you agree to them. If you do not agree to be bound by this License, do not purchase this license or take delivery of the software.
You Agree to the following:
1. Grant of License.
Upon payment in full, HFT grants you a non-exclusive, non-assignable non- transferrable and terminable License to use the font software ("Font[s]") This license allows use and installation of the Font Software (i) on a licensed server for use with the number of users authorized under this Agreement; (ii) You are also permitted to install the Fonts on an internal use only server devoted to internal development purposes only that is not accessible outside by unlicensed users or unlicensed third parties.. 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.
2. Permitted Users.
If you purchase a license to use the Font Software on a Server and with more than 5 Users, you may install the font software on the computers of the number of licensed end users identified in the order receipt. If at any time your use of the font software exceeds that permitted in this License, you agree to immediately notify HFT and purchase the appropriate license. You may also be entitled to Desktop Use of the Licensed Software if you have purchased a license for additional uses such as an eBook, Server or Application license, under such circumstances the Desktop License shall control all such uses.
3. Back-up Copies.
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. Limited Distribution for Internal Use.
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 facilitating your personal printing and/or viewing of the document.
5. Exclusive Ownership.
HFT or the owners of the font software, retain all right and title to the software, trademarks, copyrights and the designs associated 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. If you are located in a European Community country or any other country which provides rights substantially similar to the rights regarding the interoperability of software, you may reverse engineer or decompile the Font Software only to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purpose and only to the extent that sufficient information is not provided in a timely manner free of charge by HFT upon written request). All use of any trademarks or service marks inures to the benefit of HFT or the owner of the marks.
6. Third Parties.
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 must purchase a License appropriate for the intended use of the font software. 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. Special Upgrades.
All commercial for-profit usage, including use on commercial products, requires a Special Font License upgrade such as use in Apps (Applications) editable PDF documents animation, film and broadcast use, webfonts and embedding in other software. If you require further information or have any questions regarding Special Font Licensing, you must contact HFT directly by email at firstname.lastname@example.org.
8. Transfer of License.
You are not permitted to transfer this License all of your rights to another person or company that accepts and agrees to the terms of this License and you agree to destroy any copies in your permission including any copies in the memory of devices.
If the font software is found to be defective within 90 days of the date of delivery to the Licensee, HFT will, upon proof of purchase, provide suitable replacements at no charge to the Licensee. The entire risk of performance and quality of the end product created by the Licensee lies 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. 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 HypeForType Ltd. and its affiliated companies (together, "HFT") hereby EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HFT DOES NOT 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 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 HFT BE LIABLE TO YOU OR ANY OTHER PARTY 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. HFT's sole liability to you shall in no event exceed the refunding of the cost of the font software or replacement of the Font Software, either at HFT's sole discretion.
10. Updating Software.
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. No guarantee of updates is made herein.
11. Other Law.
Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, implied warranties or 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.
This License Agreement is effective as of the Date of full payment for the License. This License Agreement 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 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.
13. Governing Law.
This agreement represents the entire agreement between the HFT 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. This License Agreement is governed by the laws of the United Kingdom. If you have any questions concerning this Agreement or any matters regarding our products, please email: email@example.com.
14. Compliance with Law and Export Restrictions.
You agree be responsible for your compliance with all laws and regulations, foreign and domestic, relating to the control of exports or the transfer of technology as they may relate to the font software.
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 HFT with a provision that most closely affects the intent of the invalid provision.
Waiver of any right(s) at any time shall not constitute an ongoing or permanent waiver of any right(s).
17. Entire Agreement.
This agreement constitutes the entire understanding between the parties and supersedes all previous agreements, promises, representations and negotiations between the parties.
The captions of the sections of this License 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.
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