DESIGN IS CULTURE - End User Font Software License Agreement\r

IMPORTANT - PLEASE READ CAREFULLY: This end user License Agreement (hereinafter, \"EULA,\" \"License,\" \"Agreement\" or \"License Agreement\") is a legal agreement between you and Pablo Medina, d/b/a DESIGN IS CULTURE (“D/C”) for the products, 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 (“Fonts” or “ Font Software”). By downloading the Font Software, installing, copying, accessing or otherwise using the Font Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not purchase this License, download, install, or use the Font Software. \r

1. Grant of License. Upon payment in full, D/C grants you a non-exclusive, terminable License to use the Font Software and the designs embodied therein together with any accompanying documentation, each in accordance with the terms and conditions of this Agreement. This License allows use of the Font Software with not more than one (1) User at one (1) geographic location. Use of the Font Software on a portable computer is permitted provided that the portable computer is owned by a licensed User and the use of the portable computer does not create more than the authorized number of licensed Users. If you purchase a License to use the Font Software with more than (1) one user, you may install the Font Software on the computers of the number of Users and geographic locations identified in the Order Receipt/ License. Use of the Font Software at more than one geographic location requires the purchase of a special License. If at any time your use of the Font Software exceeds that permitted in the applicable License, you agree to immediately notify D/C and purchase the appropriate License.\r

2. One Back-up. You are permitted to make one (1) back-up copy of the Font Software for archival purposes only. Unauthorized copying, creation of derivative works, 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 Agreement and will result in Termination of this License. You are not permitted, by way of example not limitation, to decompile, reverse engineer, disassemble, modify, alter or change the Font Software or the associated embedding bits. \r

3. Exclusive Ownership. D/C , its licensors and 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 hereby agree that this term is contractual in nature and that the unauthorized use of the design of the Font and/or the Font Software shall be an infringement of D/C’s rights, causing significant monetary harm. You further agree that such damages cannot be readily estimated and that D/C shall be entitled, without the obligation of bond, to seek a restraining order to prevent any unauthorized uses in addition to other remedies under law and/or equity. \r

4. Limited Distribution. 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 clearly state that they are duly 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. \r

5. If you are a design consultancy, advertising agency, or purchasing this License for on behalf of such an entity, the ultimate end user should also purchase a License appropriate for the intended use of the Font Software if they will need copies of the Font Software. Specifically, if your client will use copies of the Font Software, your client must also purchase a License suitable for their uses. 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 if such use results in users in excess of the number of Authorized 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. \r

6. Use of the Font Software in any of the following circumstances, among others without limitation, and/or applications is NOT permitted without first obtaining the appropriate special licensing: \r

a) \tALPHABET OR LETTERFORM-RELATED PRODUCTS; FOR RESALE OR LETTERFORM CREATION PRODUCTS OR DEVICES;\r
b) \tEMBEDDING IN ELECTRONIC DEVICES; ELECTRONIC BOOKS, ALL GAMING USES AND/OR DEVICES;\r
c) \tEMBEDDING IN SOFTWARE;\r
d)\tSTORING, 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;\r
e)\tUSE IN FILM, FLASH-TYPE ANIMATIONS, TELEVISION OR BROADCAST VIA CABLE TELEVISION OR ON THE INTERNET; and\r
f)\tINSTALLATION OF THE FONT SOFTWARE ON A SERVER FOR SERVING TO USERS; and\r

7. PDF and Other Forms of Embedding or Internet transmission Restricted. You are permitted to embed the Font Software in Adobe Acrobat (PDF) documents, solely for the purposes of presenting information and designs to others or for sending designs to a service bureau or printer for output or other preparation for production. You hereby agree that the Font Software shall be SUBSET when embedded and the PDF document shall be set as NON-EDITABLE. If you are not sure how to subset and create non-editable PDFs, contact Adobe. The creation of more than 500 individual PDF documents requires the purchase of a special License. Use of Font Software in PDF documents for sale or products utilizing other forms of embedding of the Font Software for sale (for example, not limitation, as part of a commercial product such as a design template or an electronic book or use with a mobile device) requires the purchase of a special License. Use of the Font Software as Web Fonts is expressly prohibited. If you wish to Font Software as a web font, you must purchase the appropriate Web Font License. You are not permitted to use the Font Software in connection with embedded font objects or by any other means that embed the Font Software for the purposes of displaying the Fonts on the Internet or on wireless Web browsers. If you wish to use the Font Software for such purposes, you must purchase a License upgrade from D/C. You are permitted to use the Fonts to make GIF, JPEG, and PNG pixel-based images for use on the Internet provided that the image creation is not automated, the images are made personally by a Licensed User, and that no embedding or other transmission of the Font Software is made possible. \r

8. Trademarks. In the event you identify the Font Designs used on your products or work product, you hereby agree to identify the Font Software by trademark and the owner of the trademark in such credits. All use of the trademark associated with the Font Software inures solely to the benefit of the trademark owner. No ownership right is granted herein and D/C reserves all rights not expressly granted herein.\r

9. Transfer of License. You are permitted to transfer this License to use the Font Software one (1) time only. You are not permitted to purchase a License for resale of the Font Software. Upon transfer of this License, you agree that (i) You will transfer the original Font Software together with all documentation, (ii) Any such transfer is not by consignment or other indirect means, (iii) The new Licensee reads, understands and agrees with the terms of this License, and (iv) You will destroy all other copies on the Font Software and any documentation remaining in your possession. Upon transfer of the Font Software, you are not permitted to retain copies for yourself, lend or otherwise provide copies of the Font Software to commercial printers or service bureaus.\r

10. Warranties. D/C will, at its sole discretion, either replace the Font Software or refund the Licensing fee in the event the Font Software does not perform substantially in accordance with the Documentation provided that any such claim is submitted within thirty (30) days of purchase of this License. To submit a claim, you must return the Font Software to D/C or place of purchase, together with a copy of your sales receipt. 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 D/C and its principals hereby EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. D/C OR ITS PRINCIPALS DO 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 OR INDUSTRIAL 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 D/C OR ITS PRINCIPALS BE LIABLE TO YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, 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. D/C’s 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 D/C’s sole discretion. \r

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.\r

12. Termination. 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 License Agreement may be terminated without notice if you breach and/or fail to comply with any term contained herein. \r

13. Governing Law. You expressly agree that this Agreement shall be governed, enforced and construed in accordance with the laws of the State of New York as they apply to contracts entered into and wholly performed therein, without regard to its conflict of laws provisions or the conflict of law provisions of any other jurisdiction and you expressly agree that the state and federal courts located in New York City for the enforcement of its rights under law and this Agreement shall have exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement and you hereby waive any defenses arising out of the choice of law or forum identified herein and expressly consent to service of process by Certified Mail, return receipt requested. D/C expressly reserves and you agree that D/C retains any and all rights to seek equitable relief including, but not limited to, temporary restraining orders and preliminary injunctions, each, without the obligation of a bond. \r

14. Compliance with Law and Export Restrictions. You agree to be responsible for your compliance with all laws, foreign and domestic, including but not limited to all United States laws and regulations relating to the control of exports or the transfer of technology. \r

15. Severability. 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 with a provision that most closely effects the intent of the invalid provision.\r

16. Entire Agreement. This Agreement constitutes the entire understanding between the parties and supersedes all previous agreements, promises, representations and negotiations between the parties.\r

17. Headings. 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.