164 lines
8.2 KiB
Text
164 lines
8.2 KiB
Text
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FontStruct Non-Commercial Software End User License Agreement 1.0
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This software end user license agreement (hereinafter “Agreement”) is made
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between you or, if you represent a legal entity, that legal entity (hereinafter
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“You”) and “Mylloon”, the copyright holder and designer (hereinafter
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“Font Designer”) of the font software named “TyraFont” (hereinafter
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“Font Software”).
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1. BINDING AGREEMENT
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This Agreement is a binding agreement between You and the Font Designer and
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shall set forth the terms and conditions under which You can use the Font
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Software. For the purposes of this Agreement, Font Software shall mean the Font
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Software, and any parts or copies of it.
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2. GRANT OF NON-EXCLUSIVE AND LICENCE
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The Font Designer hereby grants You a non-exclusive, non-transferable licence to
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use the Font Software provided that You comply with all terms and conditions of
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this Agreement.
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2.1 PERSONAL USE
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You may use the Fonts Software only for Your own Personal Purposes and for Your
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Work. For the purposes of this Agreement, “Personal Purposes” shall mean any
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private use of the Font Software by you. “Work” shall mean any work or
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result created by You or on Your behalf with the Font Software. For the
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avoidance of doubt, the use for Personal Purposes does not allow any use of the
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Font Software and/or any Work for commercial purposes (see Section 2.2) and/or
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as a web-font (see Section 2.6).
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2.2 NO COMMERCIAL USE
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Neither the Font Software, nor any of its individual components or any Work, may
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be used by You for any form of profit-making or otherwise commercial projects,
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without express prior written permission from the Font Designer.
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2.3 NO SALE OR DISTRIBUTION
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You may not sell, rent, license, sublicense, distribute, redistribute, give-away
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or make available (in any other way) the Font Software alone or as part of any
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collection, product or service to any third party.
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2.4 NO MODIFICATION
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You may not modify, adapt, rename, translate, reverse engineer, decompile,
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disassemble, alter, or attempt to discover the source code of the Font Software.
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2.5 EMBEDDING
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You may embed the Font Software in documents, applications or devices either as
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a rasterized representation of the Font Software (e.g., a GIF or JPEG) or as a
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subset of the Font Software as long as the document, application or device is
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distributed in a secure format that permits only the viewing and printing but
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not the editing of the text.
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2.6 NO USE AS A WEBFONT
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You may not make the Font Software accessible on a web server in order to enable
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a web browser to render the content of Websites using the respective Font
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Software.
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2.7 BACKUP
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You may make backup copies of the Font Software for archival purposes only,
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provided that You retain exclusive custody and control over such copies. Any
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backup copy of the Font Software must contain the same copyright, trademark, and
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other proprietary information as the original.
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2.8 PRINT SHOPS AND SERVICE BUREAUS
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You may provide a copy of the Font Software used in Your Work to a print shop,
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service bureau, etc. for printing or otherwise outputting Your Work. Afterwards,
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the print shop, service bureau, etc. must destroy and/or delete all copies of
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the Font Software.
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3. ATTRIBUTION
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If You make Your Work publicly accessible in any form, You must keep intact all
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copyright notices for the Font Software and display, reasonable to the medium or
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means You are utilizing for Your Work, an attribution notice (hereinafter “The
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Attribution Notice”) comprising of:
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the name of the Font Designer or pseudonym, if applicable (“Mylloon”);
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the title of the Font Software (“TyraFont”); and
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to the extent reasonably practicable, the URI
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(https://fontstruct.com/fontstructions/show/1923323) from where the Font was
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originally downloaded.
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The Attribution Notice may be implemented in any reasonable manner. For the
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avoidance of doubt, You may only use the credit required by this Section for the
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purpose of attribution in the manner set out above and, by exercising Your
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rights under this License, You may not implicitly or explicitly assert or imply
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any connection with, sponsorship or endorsement by the Font Designer of You or
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Your Work.
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4. YOUR REPRESENTATIONS AND INDEMNIFICATIONS
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You represent, warrant, and covenant that You shall use the Font Software only
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in accordance with the terms of this Agreement and keep the Font Designer fully
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indemnified against all actions, claims, costs, proceedings and damages
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whatsoever incurred by any breach of any of the aforesaid representations,
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warranties of this Agreement.
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5. OWNERSHIP AND RIGHTS TO THE FONT SOFTWARE
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The Font Designer reserves all rights not expressly granted to You in this
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Agreement (hereinafter “Reserved Rights”). The Font Software is protected by
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copyright and other intellectual property laws and treaties. You acknowledge
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that the Font Designer shall be the sole owner of the Font Software, of the
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copyright and all Reserved Rights of whatever kind and nature in the Font
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Software.
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6. WARRANTY
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The Font Software is made available “as is” WITHOUT WARRANTY OF ANY KIND,
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EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF
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COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT.THE FONT DESIGNER DOES NOT AND
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CANNOT GUARANTEE THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT
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SOFTWARE.
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THE FONT DESIGNER SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
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INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, OR
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FOR ANY CLAIM BY ANY THIRD PARTY, ARISING OUT OF THE USE OR INABILITY TO USE THE
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FONT SOFTWARE.
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7. TERMINATION / CONDITION PRECEDENT
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You may use the Font Software only as set forth in this Agreement. Any use of
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the Font Software that is not expressly allowed in this Agreement will
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automatically terminate Your rights to use the Font Software under this
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Agreement. If Your right to use the Font Software is terminated You shall
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immediately stop using the Font Software, call back or change any Work that is
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used in the public, and delete/destroy any copies of the Font Software. The
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termination of the Agreement shall not affect the right of the Font Designer to
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claim damages or other rights.
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8. WAIVER
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A waiver by either Party of any term or condition of this Agreement shall not be
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deemed or construed to be a waiver of such term or condition for the future or
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any subsequent breach thereof. All remedies, rights, undertakings, obligations
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and agreements contained in this Agreement shall be cumulative and none of them
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shall be in limitation of any other remedy, right, undertaking, obligation or
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agreement of either Party.
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9. GOVERNING LAW, PLACE OF JURISDICTION
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This Agreement shall be construed and shall take effect in accordance with the
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laws of the Federal Republic of Germany excluding the United Nations Convention
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on Contracts for the International Sales of Goods (CISG). To the extent
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permitted by law, the Courts of Berlin, Germany shall have exclusive
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jurisdiction to resolve any dispute which may arise.
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10. ENTIRE AGREEMENT
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This Agreement contains the entire agreement between the Parties. No variation
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of any of the terms or conditions of this Agreement may be made unless such
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variation is agreed in writing and signed by You and the Font Designer.
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11. SEVERABILITY
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If any provision of this Agreement is adjudged by a court to be invalid or
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unenforceable, such provision shall in no way affect any other provision of this
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Agreement, the application of such provision in any other circumstance or the
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validity or enforceability of this Agreement. The Parties will negotiate in
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good faith about a provision that will replace the invalid or unenforceable
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provision.
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FontStruct Notice: FontStruct no Party to this Agreement
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Please note that FontStruct (www.fontstruct.com) is not a party to this
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Agreement between You and the Font Designer.
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FontStruct makes no warranty of any kind in connection with the Font Software,
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its use or the results that You may obtain by using the Font Software.
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FontStruct shall in no event be liable to You or any third party for any damages
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whatsoever arising out of or relating to this Agreement or the use of the Font
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Software, including but not limited to incidental, special damages, any lost
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profits or lost savings or any claim made by a third party.
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