This CONTEXT, INC. (Licensor) End User Licence Agreement («EULA») in conjunction with the receipt that accompanies each purchase from any shop belongs to Licensor to becomes a binding contract between the Licensee and Licensor when the Licensee commences a Fonts and Font Software download, or if the Licensee is acquiring Font Software on a permanent medium, when the Licensee opens the package in which the software is contained. For the purposes of this Agreement, «Font Software» shall be defined as the design of the Fonts together with the Font Software which, when used generates the typeface, typographic designs, ornaments or other designs. If the Licensee does not wish to be bound by the EULA, the Licensee cannot access, use or download the Font Software. Please read all of the EULA before agreeing to be bound by its terms and conditions.
1. SUBJECT OF THE CONTRACT
1.1. The Licensed Font Software are licensed, not sold, to you for Use only under the terms of this Agreement. Licensor, reserves all rights not expressly granted to you. You are hereby granted a non-exclusive, worldwide, non-assignable, non-transferable (except as expressly permitted herein) license to Use the Licensed Fonts. By selecting the License type button, you are agreeing to be bound by the terms of this Agreement.
1.2. The Payer assures that it has concluded an agreement with the Licensee to purchase the rights for the Font Software. The lack of such an agreement does not impose any obligations upon the Licensor to return payments made.
1.3. You are granted non-exclusive rights in respect of the following Font Software:
Font: Munich Abecedarium Regular
Type of license: «Desktop»
2. TYPES OF LICENSES PURCHASED
2.1. «Desktop» License
2.1.1. This license gives you the option of installing Font Software on a Computer and using the Font in any application that allows you to select Fonts. These may include, among others, Microsoft Word, Adobe Photoshop and Illustrator, etc. After purchasing this license, you are entitled to use the Font Software subject to the limitations provided in this Agreement.
2.1.2. With respect to the Font Software, you get the following rights:
a. You may use the licensed fonts to create EPS files or other scalable drawings provided that such files are only used by the household or company licensing the font.
b. You may embed the licensed fonts into any document you send to third parties. Such documents may be viewed and printed (but not edited) by the recipients
c. You can create documents and raster images (JPEG, TIFF, PNG) and then use them at your discretion for print media, on Web Sites, and in mobile applications.
2.1.3. With respect to the Font Software, you are granted the right to install it on the following number of computers of the Licensee: 5 (five) — for Font Munich Abecedarium Regular.
3. RESTRICTIONS OF USE
3.1. It is forbidden to embed the Font Software Munich Abecedarium Regular in documents (EPS, PDF, etc.) intended for commercial distribution in the form of e-books, magazines, and other E-publications.
3.2. It is forbidden to use Font Software Munich Abecedarium Regular in Mobile Applications.
3.3. It is forbidden to use Font Software Munich Abecedarium Regular in Video Games.
3.4. It is forbidden to use Font Software Munich Abecedarium Regular in Logos.
3.5. It is forbidden to use Font Software Munich Abecedarium Regular inside Broadcasting Content for any onscreen broadcast title.
3.6. It is forbidden to use Font Software Munich Abecedarium Regular to design Web Sites using the @font-face selector.
3.7. It is forbidden to use Font Software Munich Abecedarium Regular on Servers intended to provide multiuser access.
3.8. It is forbidden to distribute Font Software Munich Abecedarium Regular as standalone preinstalled software or as part of a software suite for electronic devices.
3.9. It is forbidden to modify, rename, or replace the character map and to rebuild or otherwise manipulate the Font Software files.
3.10. It is forbidden to distribute the Font Software files or to make them available to the public. You are not entitled to copy, install, or use files on Computers, Mobile Devices, Servers, Web Servers and Web Sites of other companies or individuals; make the files available on the Internet; or lend, lease, or transfer them to another user, except when transferring the complete bundle, which includes the Font Software file, licensing rights, the user manual, printed materials, and backup copies. Should that be the case, you must destroy all of the copies of the Font Software and documentation transferred and notify the Licensor in writing of such transfer.
3.11. The rights set forth herein are granted to you without the right to transfer and sublicense them to third persons, except as provided in Clause 3.10 above.
4. LIABILITY FOR VIOLATION OF THE AGREEMENT
4.1. If Licensee is in breach of any clause of this EULA, the Licensor shall have the right to unilaterally terminate the same. Should that be the case, you must destroy all of the copies of the Font Software and documentation that you have upon the receipt of a corresponding written or electronic notice. Any other actions will be considered as a violation of exclusive rights
4.2. In the event that the Font Software is made available on Computers, Mobile devices, Servers, Web Servers and Web Sites of other companies or individuals owing to the Licensee’s fault, the burden of proving that the actions resulting in such consequences were unintentional lies on the Licensee.
4.3. The use of the Font Software without a valid license agreement in a way other than provided for by this EULA or any other violation of exclusive rights shall result in the corresponding liability provided for by the current legislation.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
5.1. You agree that the Font Software is protected by the copyright law and other intellectual and industrial property rights of the United States and its various States, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties. You agree to treat the Font Software as you would any other copyrighted material.
5.2. You agree that Foundry owns all right, title and interest in and to the Font Software, its structure, organization, code, and related files, including all intellectual and industrial property rights therein such as copyright, design and trademarks rights. You agree that the Font Software, its structure, organization, code, and related files are valuable property of Foundry or its third party licensors and that any intentional or negligent use of the Font Software not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights.
5.3. You agree to use trademarks associated with the Font Software according to accepted trademark practice, including identification of the trademark owner’s name. Trademarks can only be used to identify printed output produced by the Font Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit of Foundry. You may not change any trademark or trade name designation for the Font Software. Nothing contained herein shall be deemed as granting you a license to use any trademark or trade names associated with the Font Software.
6. WARRANTY LIABILITY
The Font Software are supplied without any explicit or implied liability on the part of the supplier regarding its value to the public and fitness for a particular purpose. No commercial guarantees and warranties of fitness for any particular use are provided. In no case shall the Licensor be liable for losses and damage caused by the use or inability to use the Font Software or by providing or not providing support services related to their use; however, the Licensor shall be obliged to provide the technical feasibility of using the Font Software.
7.1. The Licensor reserves the right to amend this EULA at any time without prior notice.
7.2. You may not copy the Font Software, except as expressly provided herein. You may make a reasonable number of back-up copies of the Font Software for archival purposes only, and you shall retain exclusive custody and control over such copies. Any copies that you are expressly permitted to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Font Software. Upon termination of the Agreement, you must destroy the original and any and all copies of the Font Software.
«Licensee» shall mean the individual, company, corporation, or other organization subject to this End User Licence Agreement due to their access or Use of Licensor Font Software.
«Payer» means an individual or legal entity paying for the rights to the Font Software on behalf of the Licensee.
«Font Software» shall mean the software provided by Licensor which, when used on an computers, mobile devices or servers, generates typeface and typographic designs and ornaments. Font Software shall include all bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software.
«Computer» for the purposes of this EULA means a desktop computer, namely a computer intended for individual use in one place (owing to its size and the need to be connected to a power source), a notebook or laptop (a portable personal computer equipped with a monitor and a keyboard made in the form of a book), or a multiprocessor computer, terminal, ATM, etc.
«Mobile device» means a compact mobile computer equipped with a screen with a diagonal size of 3.5–7 inches (8–17.8 cm) and designed primarily for navigating Web pages and working with Web services, as well as for entertainment and communication.
«Server» means a computer program or an electronic device that provides its functionality to other programs or devices.
«Web server» means a computer program or a device that provides its functionality to other programs or electronic devices through the HTTP protocol or other data-transfer protocols over the Internet.
«Website(s)” means a web site or web sites (i.e., a collection of web pages, images, videos or other digital assets that are hosted on one or more web servers, accessed from a common root Uniform Resource Identifier (URI)) which: (a) Uses or accesses the Licensed Web Font(s) in its web pages, (b) does not in any way enable the permanent installation of the Licensed Web Font(s) by Website visitors on any printer or display which displays a screen image created by Use of or access to the Licensed Web Font(s), and © reasonably restricts access to Licensed Web Font(s) from Use or access by web pages or any document not originating from such Websites.
«Mobile Application» means software designed to work on smartphones, tablets, or other mobile devices.
«Logo» means a graphic or a word mark, including the Trademark and the Service Mark used by companies and individuals to increase the recognizability of goods, works, services, or their producer in the social environment.
«Video Game» means a game that uses images generated by electronic equipment and displayed on the screen of a device of any type.
«Electronic Publication» means a collection of text and graphics in electronic form which is intended for consumption by an End User.
«Foundry» means the foundry that is listed by the product number or product name of the Font Software when you license the Font Software from Licensor shop.
«Use» of the Licensed Fonts shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Licensed Fonts, regardless of the location in which the Licensed Fonts resides. «Use» of the Licensed Web Fonts shall also occur when the software or instructions are executed.
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If you have any questions concerning this Licensing Agreement, please contact:
E-mail: [email protected]
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