End User License Agreement
Phil’s Fonts/GarageFont Library— ‘Standard’ (End User) License Agreement\r
Acknowledgement. IMPORTANT NOTICE: PHIL’S FONTS/GARAGEFONTS “LICENSOR” IS\r
WILLING TO LICENSE ITS FONT SOFTWARE TO ANY BUSINESS ENTITY OR INDIVIDUAL “LICENSEE” ONLY ON THE CONDITION THAT LICENSEE ACCEPTS THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT.\r
THIS IS A CONTRACT BETWEEN THE LICENSEE AND THE LICENSOR. THIS TRANSACTION DOES NOT CONSTITUTE A SALE OF THE PHIL’S FONTS/GARAGEFONTS FONT SOFTWARE — IT IS A LICENSE TO USE THE FONT SOFTWARE SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT. BY PLACING AN ORDER FOR AND ACCEPTING PHIL’S FONTS/GARAGEFONTS FONT SOFTWARE (ELECTRONIC FONT SOFTWARE), OR BY DOWNLOADING THE SOFTWARE AND CLICKING THE “YES, I AGREE” 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\r
BOUND BY THEM. IF LICENSEE DOES NOT AGREE TO THESE TERMS AND CONDITIONS, LICENSEE MUST PROMPTLY CEASE USE OF THE LICENSED PRODUCT. LICENSEE MUST IMMEDIATELY DELETE ANY PORTION OF THE FONT SOFTWARE INSTALLED ON LICENSEE’S COMPUTER(S).\r
THIS LICENSE SUPERSEDES ALL PHIL’S FONTS/GARAGEFONTS END USER LICENSE\r
AGREEMENTS. PHIL’S FONTS/GARAGEFONTS ADVISES LICENSEE TO PRINT OUT A COPY OF THE LICENSE AGREEMENT TERMS AND CONDITIONS AND SAVE IT FOR YOUR RECORDS. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE CONTRACTUAL AND BINDING IN NATURE, AND NOT MERE RECITATIONS. ONCE THE FONT SOFTWARE LICENSE HAS BEEN PURCHASED, THE SOFTWARE IS NONRETURNABLE, AND THE LICENSE FEE IS NONREFUNDABLE.\r
- Software means the computer program contained in this package (which may include\r
digitally encoded, machine readable, scalable outline font data as encoded in special\r
format), together with all codes, techniques, software tools, formats, designs, concepts,\r
methods and ideas associated with the computer program and all documentation related\r
thereto.\r
Please refer to important information regarding Permitted Uses and Special Font\r
Licensing requirements in Sections 5, 6, 7, 8 and 9.\r
1. Third-Party Purchasing Agent. If you are acting as a third-party purchasing agent for\r
a business or organization, you represent and warrant that the business or organization for\r
which you are acting has consented to this Agreement. You further agree that as a thirdparty\r
purchasing agent for a business or organization, you have no rights to use the Font\r
Software whatsoever, but you agree to be bound by the Agreement in its entirety as if you\r
were the end user.\r
2. Grant of Desktop Publishing License. In consideration of payment of the\r
nonrefundable license fee, included in the price paid by the Licensee for this product, the\r
Licensor grants to the Licensee a non-exclusive, non-transferable right to use this product,\r
which consists of electronic font software to display and output PostScript®, TrueType® or\r
OpenType® typefaces. Any use other than Desktop will require additional licensing . This\r
font software may be installed on up to five (5) CPUs for Desktop Publishing . If Licensee\r
is using this product with more than five (5) CPUs, Licensee is required to obtain a MultiUser\r
Desktop Publishing License for the appropriate number of CPUs/Users. (See Multi-\r
User Desktop Publishing Licenses section below).\r
When Licensee orders GarageFonts library fonts through Phil’s Fonts, Inc. , or it’s\r
resellers, distributors or third-party licensing agents, Licensee is able to purchase Multi-User\r
Desktop Publishing License(s) at the same time.\r
2 (a). License Extensions. Licensee is able to add additional Multi-User Desktop\r
Publishing Licenses for the same font products . You may not, however, downgrade your\r
license once you have made your purchase. The entire license will be governed by the\r
License Agreement in affect at the time of the latest extension .\r
2 (b). Server Use.\r
The Font Software may not be installed or used on an internal or external (i.e., internet\r
accessed) server unless all Workstations that can access such server are part of a Licensed\r
Unit. For the purpose of determining the proper number of Workstations for which a license\r
is needed, the following example is supplied for illustration purposes only: If there are 100\r
Workstations connected to the server, with no more than 15 Workstations ever using the\r
Font Software concurrently, but the Font Software will be used on 25 different Workstations\r
at various points in time, a license must be obtained which creates a Licensed Unit for 25\r
Workstations.\r
2 (c). Multi-User Desktop Publishing Licenses. Phil’s Fonts/GarageFonts calculates\r
Multi-User Desktop Publishing License fees based on the Recommended End User Price\r
times the number of CPUs or Users, (whichever is the greater).\r
The maximum number of CPUs licensed is equal to the number of users selected in the\r
applicable receipt. Please retain that receipt as proof.\r
Number Price\r
of CPUs/Users Multiplier\r
1-5 price x 1\r
6-25 price x 2\r
26-50 price x 3\r
50-75 price x 4\r
76-125 price x 5\r
126-175 price x 6\r
176-250 price x 7\r
251-375 price x 9.5\r
376-500 price x 11\r
501-625 price x 13.5\r
626-750 price x 16\r
751-875 price x 18.5\r
876-1000 price x 21\r
If Licensee’s Multi-User Desktop Publishing Licensing requirements exceed the chart above,\r
please contact Phil’s Fonts/GarageFonts or one their Authorized Distributors or Resellers for\r
additional information.\r
3. Ownership. This Agreement does not constitute an exclusive sale of the original\r
product to the Licensee. The Licensee acknowledges and agrees that Phil’s\r
Fonts/GarageFonts retains all intellectual property rights, title and ownership of any of its\r
electronic font software. This title and ownership extends to copies of the font software\r
installed on any computer, downloaded to any output device, or retained on other media by\r
the Licensee as a backup.\r
This Agreement does not grant Licensee any rights to patents, copyrights, trade secrets,\r
trade names, trademarks (whether registered or unregistered), service marks, font software\r
rights, design rights or any other rights, franchises or licenses in respect of the electronic\r
font software. The font software is protected by copyright including without limitation, by\r
United States Copyright Law, international treaty provisions, and applicable laws in the\r
jurisdiction of use. Phil’s Fonts/GarageFonts reserves all its rights under these laws.\r
The Licensee further acknowledges and agrees that the structure, organization and source\r
code of the font software are valuable trade secrets and confidential information of Phil’s\r
Fonts/GarageFonts. No rights are granted to Licensee other than a License to use the\r
electronic font software on the terms expressly set forth in this Agreement.\r
Wherever and whenever design and production credits are displayed (such as a colophon),\r
user of this font software agrees to list the font names and credit Phil’s Fonts/GarageFonts\r
as the trademark and copyright owner.\r
4. Copy Restrictions. This product is copyrighted and contains proprietary information\r
and trade secrets of Phil’s Fonts/GarageFonts. Unauthorized copying of this product is\r
expressly forbidden. Licensee is permitted to create backups of the font software, provided\r
that: (a) they are stored only at the site where this product is licensed, and (b) the full\r
copyright information is included with each backup copy. Licensee may be held legally\r
responsible for any infringement of Phil’s Fonts/GarageFonts’ intellectual property rights\r
that is caused or encouraged by Licensee’s failure to abide by the terms of this Agreement.\r
5. Permitted Uses. This product is licensed only to the Licensee, and may not be\r
transferred, sold, leased, rented, lent, shared, assigned, distributed or sublicensed to any\r
third party at any time without the prior written consent of Phil’s Fonts/GarageFonts.\r
Licensee may not modify, make error corrections, enhance, translate, adapt, alter,\r
decompile, disassemble, decrypt, reverse engineer, change or alter the embedding bits, the\r
font name, copyright or trademark information, nor any other proprietary or legal notices\r
contained in the font software, nor seek to discover the source code of the font software,\r
convert into another font format, create bitmaps, create Web fonts with proprietary or third\r
party tools or otherwise, add or subtract any glyphs, symbols or accents, or any other\r
derivative works based on the electronic font software in this product in whole or in part,\r
whatsoever.\r
Licensee may not supply, directly or indirectly, any Phil’s Fonts/GarageFonts font software\r
to any other firm, business, third party or individual for any type of modifications,\r
conversions or updates whatsoever. If the Licensee needs to modify or update the font\r
software in anyway in the future, Phil’s Fonts/GarageFonts (Licensor) solely will perform and\r
invoice this additional work at its normal prevailing rates.\r
Licensee may not duplicate, modify, adapt, translate or create derivative works based on\r
the printed materials that may have been supplied with this product.\r
It is a breach of this license agreement to use the product in any way that infringes the\r
rights of Licensor or any third party under copyright, trademark, patent or any other laws.\r
In the event of infringing uses by Licensee, this license immediately terminates and\r
Licensee is solely responsible for any such infringing uses including all legal and other\r
damages that may be incurred.\r
6. No Other Use. Licensee is only granted the rights expressly stated in this Agreement.\r
Licensee may not use the Phil’s Fonts/GarageFonts font software for any other use\r
whatsoever.\r
7. Embedding Restrictions. PDF embedding of the font software into PDF documents is\r
only permitted in a secured read-only mode that allows only printing and viewing, and\r
prohibits editing, selecting, enhancing or modifying the text by means of obfuscation or\r
encryption. Licensee must ensure that recipients of PDF documents cannot extract the Phil’s\r
Fonts/GarageFonts font software from such PDF documents or use the embedded font\r
software for editing purposes or for the creation of new documents.\r
Any and all varieties of embedding may only be used in a non-commercial, not-for-profit\r
scenario. If Licensee is unable to limit access to the document to “printing and viewing”\r
only, then the electronic document(s) may not be used on computers that are not Licensed\r
Computers. Examples of non-commercial, not-for-profit permitted usage include PDF\r
documents supplied to Service Bureaus, printers, or any documents that disseminate\r
personal, internal or business information.\r
With the purchase of a Special Font License upgrade (see below) , Licensee may, for\r
example, embed and subset the font software into digital for-profit commercial documents,\r
or choose the appropriate Special Font License upgrade for a host of other uses and\r
applications.\r
8. Special Font Licensing. All commercial for-profit usage requires a Special Font\r
License upgrade and is available for the following scenarios: Web Servers, Server-based\r
applications, VPN, Web to Print technologies; Web fonts (to be used for page ‘views’ only) ,\r
fonts incorporated into videos, film clips or movies on the Web; static, animated images, or\r
graphics being used for iOS, Android and other unique non-traditional uses. Editable PDFs,\r
PDF editing software (such as PitStop, uPDF), PowerPoint, Flash, Silverlight or other nonstatic files or situations where the font software is embedded or subset into electronic\r
documents that permit editing, selecting, enhancing or other modification of the text.\r
A Special Font License is also required for ePublishing, ePub, ePub 2.01, ePub 3, KF8,\r
eBooks, eZines, conversion into any kind of Scalable Vector Graphics (SVG), bitmap fonts,\r
rasterized fonts, obfuscated or encrypted fonts, digital news media, subscription services,\r
graphic image assets, any and all social media networking mechanisms and alternatives\r
that utilize and include the licensed font software for commercial use, iPad apps, iApps, iOS,\r
Android, phones, mobile devices, pagers, handheld reader devices, e-readers, proprietary\r
reader devices, DPS, MOBI, AZW, OEM Licensing, motion pictures, videos, web videos, video games such as Xbox, Wii, PlayStation, cameras, television, exhibitions, DVR menus, movie trailers and credits, acknowledgments, syndication, incorporating the font software into\r
Licensee’s computer hardware, software or any other products, such as application\r
programs, interfaces, interactive media, EPOS, WEPOS, POSReady, operating systems,\r
electronics, electronic books, electronic games, gaming consoles, machines and devices;\r
kiosks, ATMs, Internet TV, IPTV, WebTV, Smart TVs, Hotel TV systems, intra-TV or digital\r
graphic display systems, digital slide presentations, LED displays or similar electronic\r
display mediums; CRM, ECRM and ERP systems, sports scoreboards, message or news\r
displays, video advertising, LearnScapes, L&D, SharePoint, automotive displays, signage,\r
POP displays, alphabet products, die-cut or stencil products, tattoos, scrapbook products or\r
software, adhesive or rub on lettering or stickers, rubber stamps, sewing and embroidery\r
machines, monogramming, plotters, printers, application software for broadcast graphics,\r
such as Avid, Chyron, Harris, Vizrt, commercial merchandising and goods for sale, (such as\r
clothing apparel and accessories), retail, retail packaging, physical goods, goods for sale,\r
unique branding situations, and any and all other unique usage, new applications or future\r
technologies, irrespective of operating systems or platforms.\r
Any logo, graphic file, EPS file, illustration, software, etc., created, modified, or derived\r
from the Phil’s Fonts/GarageFonts font software is always licensed in accordance with the\r
Permitted Uses contained in this Agreement, and may require a Special Font License in\r
certain situations.\r
Under no circumstances will Phil’s Fonts/GarageFonts be responsible for modified and/or\r
regenerated software that is created or derived from the original Phil’s Fonts/GarageFonts\r
font software.\r
Using any and all Phil’s Fonts/GarageFonts software without the appropriate\r
Special Font License is expressly prohibited.\r
9. Important information regarding Special Font Licensing and/or Enterprise\r
Licensing. All Special Font Licensing and/or Enterprise Licensing can only be\r
approved, issued and administered directly from Phil’s Fonts/GarageFonts. If Licensee\r
requires further information or have any questions regarding Special Font Licensing\r
and/or Enterprise Licensing for any of the Phil’s Fonts/GarageFonts library, Licensee must\r
contact Phil’s Fonts/GarageFonts directly.\r
email: info@philsfonts.com\r
10. Limited Warranty. Phil’s Fonts/GarageFonts software products contain no opensource\r
code, unless explicitly stated in writing to the contrary. If the media or the font\r
software contained in this product is found to be defective within 90 days of the date of\r
delivery to the Licensee, Phil’s Fonts/GarageFonts will provide suitable replacements at no\r
charge to the Licensee, provided the Licensee can provide proof of purchase.\r
The entire risk of performance and quality of this product is with the Licensee. Phil’s\r
Fonts/GarageFonts does not warrant that this product will operate with all other software\r
products, or that it will satisfy Licensee’s requirements. Phil’s Fonts/GarageFonts’ entire\r
liability to the Licensee will not extend beyond replacement of defective media or refund of\r
the purchase price. In most circumstances and situations, the font software is nonreturnable\r
and nonrefundable. Any refunds need to be approved in writing, and will be made at the\r
sole discretion of Phil’s Fonts/GarageFonts.\r
11. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THIS PRODUCT IS PROVIDED \"AS IS\". PHIL’S FONTS/GARAGEFONTS 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 PHIL’S FONTS/GARAGEFONTS, 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. PHIL’S FONTS/GARAGEFONTS 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.\r
Because laws governing the exclusion or limitation of liability for consequential or incidental\r
damages vary, the above limitation may not be applicable.\r
12. Termination. This Agreement is effective until terminated. This Agreement will\r
terminate automatically without notice from Phil’s Fonts/GarageFonts, if the Licensee fails to\r
comply with any provision contained herein, or upon your bankruptcy. Upon termination of\r
this Agreement, the Licensee must: (a) destroy all copies of the electronic font software,\r
including the copy on the disk media originally provided in this product, (b) destroy all\r
written materials provided with this product, if any, and (c) provide Phil’s\r
Fonts/GarageFonts with written verification that the product has been destroyed. The\r
balance of this Agreement shall survive any such termination of license rights.\r
13. General. Nothing in this Agreement is intended to, or shall be deemed to, establish\r
any agency, partnership or joint venture between Licensee and Phil’s Fonts/GarageFonts,\r
nor authorize either Licensee or Phil’s Fonts/GarageFonts to make or enter into any\r
commitments for or on behalf of the other.\r
Licensee shall, at Phil’s Fonts/GarageFonts’ request, procure and execute, or procure the\r
execution of any and all such other documents, as Phil’s Fonts/GarageFonts may require\r
from time to time in order to enable Phil’s Fonts/GarageFonts to protect, perfect, enforce or\r
enjoy Phil’s Fonts/GarageFonts’ Intellectual Property Rights.\r
No person who is not a party to this Agreement shall have any rights to enforce any terms\r
of this Agreement. This Agreement shall be binding upon and inure for the benefit of the\r
personal representatives and successors in title and assigns of each of Phil’s\r
Fonts/GarageFonts and Licensee.\r
Licensee agrees to inform their employees or any other person having access to the Phil’s\r
Fonts/GarageFonts software and copies thereof, of the terms and conditions of this\r
Standard License Agreement and to ensure that they shall strictly abide by these terms and\r
conditions.\r
Licensee agrees that they will not export or re-export the Software in any form without the\r
appropriate United States and foreign government licenses.\r
14. Severability. If any provisions of this Agreement are held to be invalid, illegal or\r
unenforceable, then such provision(s) shall be severed from it, and the validity, legality and\r
enforceability of its remaining provisions shall not be affected or impaired.\r
15. Waiver. Waiver of any right(s) at any time shall not constitute waiver of any right(s)\r
at any future time.\r
16. License Agreement. This Standard License Agreement represents the entire\r
License Agreement between the Licensor and Licensee. This Agreement supersedes any\r
other prior License Agreement that may have been included with or embedded in the font\r
software or previously displayed by Phil’s Fonts/GarageFonts on its own website, or those\r
websites of its Authorized Distributors or Resellers. This Agreement may only be modified\r
by Phil’s Fonts/GarageFonts in writing expressly stating that such writing is intended to\r
modify this License Agreement.\r
Phil’s Fonts/GarageFonts expressly reserves the right to amend, modify or change this\r
Standard License Agreement at any time and without prior notification.\r
17. Jurisdiction. In the event that Phil’s Fonts/GarageFonts asserts a claim arising out of\r
or relating to this Agreement or the alleged breach thereof, Phil’s Fonts/GarageFonts may,\r
at its option, initiate either litigation or arbitration to resolve the claim, and the other party\r
agrees to abide by the decision of Phil’s Fonts/GarageFonts in this regard. In the event that\r
arbitration is selected, the controversy or claim, including any dispute regarding the\r
applicability of this arbitration clause to a given controversy or claim, shall be settled by\r
binding arbitration by the American Arbitration Association by a single arbitrator in\r
accordance with the Commercial Arbitration Rules of the American Arbitration Association\r
then in effect, and judgment upon the award rendered by the arbitrator may be entered in\r
any court having jurisdiction thereof. Any arbitration proceedings will be conducted in the\r
Washington, D.C. metropolitan area. Should Phil’s Fonts/GarageFonts bring any lawsuit or\r
proceeding against you to enforce this Agreement, Phil’s Fonts/GarageFonts shall be entitled\r
to receive its costs and reasonable attorneys’ fees incurred to enforce this Agreement. \r
If you have any questions concerning this Agreement or any matters regarding our products\r
please write, email or phone:\r
Phil’s Fonts, Inc.,\r
P.O. Box 247,\r
Sandy Spring, MD 20860, USA\r
Email: info@philsfonts.com\r
Phone: 301-879-9222\r
Phil’s Fonts and GarageFonts logos are the brands and trademarks of Phil’s Fonts, Inc.\r
PostScript and Flash are registered trademark of Adobe Systems, Inc. TrueType, OpenType, Sharepoint, Silverlight, and Xbox are registered trademarks of Microsoft Corporation. PlayStation is a registered trademark of Sony Computer Entertainment, Inc. Wii is a registered trademark of Nintendo Co., Ltd. All other brand or product names are the trademarks or registered trademarks of their respective holders and are duly recognized.\r
© 2015. Phil’s Fonts, Inc. Amended: April 20, 2015
Acknowledgement. IMPORTANT NOTICE: PHIL’S FONTS/GARAGEFONTS “LICENSOR” IS\r
WILLING TO LICENSE ITS FONT SOFTWARE TO ANY BUSINESS ENTITY OR INDIVIDUAL “LICENSEE” ONLY ON THE CONDITION THAT LICENSEE ACCEPTS THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT.\r
THIS IS A CONTRACT BETWEEN THE LICENSEE AND THE LICENSOR. THIS TRANSACTION DOES NOT CONSTITUTE A SALE OF THE PHIL’S FONTS/GARAGEFONTS FONT SOFTWARE — IT IS A LICENSE TO USE THE FONT SOFTWARE SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT. BY PLACING AN ORDER FOR AND ACCEPTING PHIL’S FONTS/GARAGEFONTS FONT SOFTWARE (ELECTRONIC FONT SOFTWARE), OR BY DOWNLOADING THE SOFTWARE AND CLICKING THE “YES, I AGREE” 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\r
BOUND BY THEM. IF LICENSEE DOES NOT AGREE TO THESE TERMS AND CONDITIONS, LICENSEE MUST PROMPTLY CEASE USE OF THE LICENSED PRODUCT. LICENSEE MUST IMMEDIATELY DELETE ANY PORTION OF THE FONT SOFTWARE INSTALLED ON LICENSEE’S COMPUTER(S).\r
THIS LICENSE SUPERSEDES ALL PHIL’S FONTS/GARAGEFONTS END USER LICENSE\r
AGREEMENTS. PHIL’S FONTS/GARAGEFONTS ADVISES LICENSEE TO PRINT OUT A COPY OF THE LICENSE AGREEMENT TERMS AND CONDITIONS AND SAVE IT FOR YOUR RECORDS. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE CONTRACTUAL AND BINDING IN NATURE, AND NOT MERE RECITATIONS. ONCE THE FONT SOFTWARE LICENSE HAS BEEN PURCHASED, THE SOFTWARE IS NONRETURNABLE, AND THE LICENSE FEE IS NONREFUNDABLE.\r
- Software means the computer program contained in this package (which may include\r
digitally encoded, machine readable, scalable outline font data as encoded in special\r
format), together with all codes, techniques, software tools, formats, designs, concepts,\r
methods and ideas associated with the computer program and all documentation related\r
thereto.\r
Please refer to important information regarding Permitted Uses and Special Font\r
Licensing requirements in Sections 5, 6, 7, 8 and 9.\r
1. Third-Party Purchasing Agent. If you are acting as a third-party purchasing agent for\r
a business or organization, you represent and warrant that the business or organization for\r
which you are acting has consented to this Agreement. You further agree that as a thirdparty\r
purchasing agent for a business or organization, you have no rights to use the Font\r
Software whatsoever, but you agree to be bound by the Agreement in its entirety as if you\r
were the end user.\r
2. Grant of Desktop Publishing License. In consideration of payment of the\r
nonrefundable license fee, included in the price paid by the Licensee for this product, the\r
Licensor grants to the Licensee a non-exclusive, non-transferable right to use this product,\r
which consists of electronic font software to display and output PostScript®, TrueType® or\r
OpenType® typefaces. Any use other than Desktop will require additional licensing . This\r
font software may be installed on up to five (5) CPUs for Desktop Publishing . If Licensee\r
is using this product with more than five (5) CPUs, Licensee is required to obtain a MultiUser\r
Desktop Publishing License for the appropriate number of CPUs/Users. (See Multi-\r
User Desktop Publishing Licenses section below).\r
When Licensee orders GarageFonts library fonts through Phil’s Fonts, Inc. , or it’s\r
resellers, distributors or third-party licensing agents, Licensee is able to purchase Multi-User\r
Desktop Publishing License(s) at the same time.\r
2 (a). License Extensions. Licensee is able to add additional Multi-User Desktop\r
Publishing Licenses for the same font products . You may not, however, downgrade your\r
license once you have made your purchase. The entire license will be governed by the\r
License Agreement in affect at the time of the latest extension .\r
2 (b). Server Use.\r
The Font Software may not be installed or used on an internal or external (i.e., internet\r
accessed) server unless all Workstations that can access such server are part of a Licensed\r
Unit. For the purpose of determining the proper number of Workstations for which a license\r
is needed, the following example is supplied for illustration purposes only: If there are 100\r
Workstations connected to the server, with no more than 15 Workstations ever using the\r
Font Software concurrently, but the Font Software will be used on 25 different Workstations\r
at various points in time, a license must be obtained which creates a Licensed Unit for 25\r
Workstations.\r
2 (c). Multi-User Desktop Publishing Licenses. Phil’s Fonts/GarageFonts calculates\r
Multi-User Desktop Publishing License fees based on the Recommended End User Price\r
times the number of CPUs or Users, (whichever is the greater).\r
The maximum number of CPUs licensed is equal to the number of users selected in the\r
applicable receipt. Please retain that receipt as proof.\r
Number Price\r
of CPUs/Users Multiplier\r
1-5 price x 1\r
6-25 price x 2\r
26-50 price x 3\r
50-75 price x 4\r
76-125 price x 5\r
126-175 price x 6\r
176-250 price x 7\r
251-375 price x 9.5\r
376-500 price x 11\r
501-625 price x 13.5\r
626-750 price x 16\r
751-875 price x 18.5\r
876-1000 price x 21\r
If Licensee’s Multi-User Desktop Publishing Licensing requirements exceed the chart above,\r
please contact Phil’s Fonts/GarageFonts or one their Authorized Distributors or Resellers for\r
additional information.\r
3. Ownership. This Agreement does not constitute an exclusive sale of the original\r
product to the Licensee. The Licensee acknowledges and agrees that Phil’s\r
Fonts/GarageFonts retains all intellectual property rights, title and ownership of any of its\r
electronic font software. This title and ownership extends to copies of the font software\r
installed on any computer, downloaded to any output device, or retained on other media by\r
the Licensee as a backup.\r
This Agreement does not grant Licensee any rights to patents, copyrights, trade secrets,\r
trade names, trademarks (whether registered or unregistered), service marks, font software\r
rights, design rights or any other rights, franchises or licenses in respect of the electronic\r
font software. The font software is protected by copyright including without limitation, by\r
United States Copyright Law, international treaty provisions, and applicable laws in the\r
jurisdiction of use. Phil’s Fonts/GarageFonts reserves all its rights under these laws.\r
The Licensee further acknowledges and agrees that the structure, organization and source\r
code of the font software are valuable trade secrets and confidential information of Phil’s\r
Fonts/GarageFonts. No rights are granted to Licensee other than a License to use the\r
electronic font software on the terms expressly set forth in this Agreement.\r
Wherever and whenever design and production credits are displayed (such as a colophon),\r
user of this font software agrees to list the font names and credit Phil’s Fonts/GarageFonts\r
as the trademark and copyright owner.\r
4. Copy Restrictions. This product is copyrighted and contains proprietary information\r
and trade secrets of Phil’s Fonts/GarageFonts. Unauthorized copying of this product is\r
expressly forbidden. Licensee is permitted to create backups of the font software, provided\r
that: (a) they are stored only at the site where this product is licensed, and (b) the full\r
copyright information is included with each backup copy. Licensee may be held legally\r
responsible for any infringement of Phil’s Fonts/GarageFonts’ intellectual property rights\r
that is caused or encouraged by Licensee’s failure to abide by the terms of this Agreement.\r
5. Permitted Uses. This product is licensed only to the Licensee, and may not be\r
transferred, sold, leased, rented, lent, shared, assigned, distributed or sublicensed to any\r
third party at any time without the prior written consent of Phil’s Fonts/GarageFonts.\r
Licensee may not modify, make error corrections, enhance, translate, adapt, alter,\r
decompile, disassemble, decrypt, reverse engineer, change or alter the embedding bits, the\r
font name, copyright or trademark information, nor any other proprietary or legal notices\r
contained in the font software, nor seek to discover the source code of the font software,\r
convert into another font format, create bitmaps, create Web fonts with proprietary or third\r
party tools or otherwise, add or subtract any glyphs, symbols or accents, or any other\r
derivative works based on the electronic font software in this product in whole or in part,\r
whatsoever.\r
Licensee may not supply, directly or indirectly, any Phil’s Fonts/GarageFonts font software\r
to any other firm, business, third party or individual for any type of modifications,\r
conversions or updates whatsoever. If the Licensee needs to modify or update the font\r
software in anyway in the future, Phil’s Fonts/GarageFonts (Licensor) solely will perform and\r
invoice this additional work at its normal prevailing rates.\r
Licensee may not duplicate, modify, adapt, translate or create derivative works based on\r
the printed materials that may have been supplied with this product.\r
It is a breach of this license agreement to use the product in any way that infringes the\r
rights of Licensor or any third party under copyright, trademark, patent or any other laws.\r
In the event of infringing uses by Licensee, this license immediately terminates and\r
Licensee is solely responsible for any such infringing uses including all legal and other\r
damages that may be incurred.\r
6. No Other Use. Licensee is only granted the rights expressly stated in this Agreement.\r
Licensee may not use the Phil’s Fonts/GarageFonts font software for any other use\r
whatsoever.\r
7. Embedding Restrictions. PDF embedding of the font software into PDF documents is\r
only permitted in a secured read-only mode that allows only printing and viewing, and\r
prohibits editing, selecting, enhancing or modifying the text by means of obfuscation or\r
encryption. Licensee must ensure that recipients of PDF documents cannot extract the Phil’s\r
Fonts/GarageFonts font software from such PDF documents or use the embedded font\r
software for editing purposes or for the creation of new documents.\r
Any and all varieties of embedding may only be used in a non-commercial, not-for-profit\r
scenario. If Licensee is unable to limit access to the document to “printing and viewing”\r
only, then the electronic document(s) may not be used on computers that are not Licensed\r
Computers. Examples of non-commercial, not-for-profit permitted usage include PDF\r
documents supplied to Service Bureaus, printers, or any documents that disseminate\r
personal, internal or business information.\r
With the purchase of a Special Font License upgrade (see below) , Licensee may, for\r
example, embed and subset the font software into digital for-profit commercial documents,\r
or choose the appropriate Special Font License upgrade for a host of other uses and\r
applications.\r
8. Special Font Licensing. All commercial for-profit usage requires a Special Font\r
License upgrade and is available for the following scenarios: Web Servers, Server-based\r
applications, VPN, Web to Print technologies; Web fonts (to be used for page ‘views’ only) ,\r
fonts incorporated into videos, film clips or movies on the Web; static, animated images, or\r
graphics being used for iOS, Android and other unique non-traditional uses. Editable PDFs,\r
PDF editing software (such as PitStop, uPDF), PowerPoint, Flash, Silverlight or other nonstatic files or situations where the font software is embedded or subset into electronic\r
documents that permit editing, selecting, enhancing or other modification of the text.\r
A Special Font License is also required for ePublishing, ePub, ePub 2.01, ePub 3, KF8,\r
eBooks, eZines, conversion into any kind of Scalable Vector Graphics (SVG), bitmap fonts,\r
rasterized fonts, obfuscated or encrypted fonts, digital news media, subscription services,\r
graphic image assets, any and all social media networking mechanisms and alternatives\r
that utilize and include the licensed font software for commercial use, iPad apps, iApps, iOS,\r
Android, phones, mobile devices, pagers, handheld reader devices, e-readers, proprietary\r
reader devices, DPS, MOBI, AZW, OEM Licensing, motion pictures, videos, web videos, video games such as Xbox, Wii, PlayStation, cameras, television, exhibitions, DVR menus, movie trailers and credits, acknowledgments, syndication, incorporating the font software into\r
Licensee’s computer hardware, software or any other products, such as application\r
programs, interfaces, interactive media, EPOS, WEPOS, POSReady, operating systems,\r
electronics, electronic books, electronic games, gaming consoles, machines and devices;\r
kiosks, ATMs, Internet TV, IPTV, WebTV, Smart TVs, Hotel TV systems, intra-TV or digital\r
graphic display systems, digital slide presentations, LED displays or similar electronic\r
display mediums; CRM, ECRM and ERP systems, sports scoreboards, message or news\r
displays, video advertising, LearnScapes, L&D, SharePoint, automotive displays, signage,\r
POP displays, alphabet products, die-cut or stencil products, tattoos, scrapbook products or\r
software, adhesive or rub on lettering or stickers, rubber stamps, sewing and embroidery\r
machines, monogramming, plotters, printers, application software for broadcast graphics,\r
such as Avid, Chyron, Harris, Vizrt, commercial merchandising and goods for sale, (such as\r
clothing apparel and accessories), retail, retail packaging, physical goods, goods for sale,\r
unique branding situations, and any and all other unique usage, new applications or future\r
technologies, irrespective of operating systems or platforms.\r
Any logo, graphic file, EPS file, illustration, software, etc., created, modified, or derived\r
from the Phil’s Fonts/GarageFonts font software is always licensed in accordance with the\r
Permitted Uses contained in this Agreement, and may require a Special Font License in\r
certain situations.\r
Under no circumstances will Phil’s Fonts/GarageFonts be responsible for modified and/or\r
regenerated software that is created or derived from the original Phil’s Fonts/GarageFonts\r
font software.\r
Using any and all Phil’s Fonts/GarageFonts software without the appropriate\r
Special Font License is expressly prohibited.\r
9. Important information regarding Special Font Licensing and/or Enterprise\r
Licensing. All Special Font Licensing and/or Enterprise Licensing can only be\r
approved, issued and administered directly from Phil’s Fonts/GarageFonts. If Licensee\r
requires further information or have any questions regarding Special Font Licensing\r
and/or Enterprise Licensing for any of the Phil’s Fonts/GarageFonts library, Licensee must\r
contact Phil’s Fonts/GarageFonts directly.\r
email: info@philsfonts.com\r
10. Limited Warranty. Phil’s Fonts/GarageFonts software products contain no opensource\r
code, unless explicitly stated in writing to the contrary. If the media or the font\r
software contained in this product is found to be defective within 90 days of the date of\r
delivery to the Licensee, Phil’s Fonts/GarageFonts will provide suitable replacements at no\r
charge to the Licensee, provided the Licensee can provide proof of purchase.\r
The entire risk of performance and quality of this product is with the Licensee. Phil’s\r
Fonts/GarageFonts does not warrant that this product will operate with all other software\r
products, or that it will satisfy Licensee’s requirements. Phil’s Fonts/GarageFonts’ entire\r
liability to the Licensee will not extend beyond replacement of defective media or refund of\r
the purchase price. In most circumstances and situations, the font software is nonreturnable\r
and nonrefundable. Any refunds need to be approved in writing, and will be made at the\r
sole discretion of Phil’s Fonts/GarageFonts.\r
11. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THIS PRODUCT IS PROVIDED \"AS IS\". PHIL’S FONTS/GARAGEFONTS 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 PHIL’S FONTS/GARAGEFONTS, 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. PHIL’S FONTS/GARAGEFONTS 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.\r
Because laws governing the exclusion or limitation of liability for consequential or incidental\r
damages vary, the above limitation may not be applicable.\r
12. Termination. This Agreement is effective until terminated. This Agreement will\r
terminate automatically without notice from Phil’s Fonts/GarageFonts, if the Licensee fails to\r
comply with any provision contained herein, or upon your bankruptcy. Upon termination of\r
this Agreement, the Licensee must: (a) destroy all copies of the electronic font software,\r
including the copy on the disk media originally provided in this product, (b) destroy all\r
written materials provided with this product, if any, and (c) provide Phil’s\r
Fonts/GarageFonts with written verification that the product has been destroyed. The\r
balance of this Agreement shall survive any such termination of license rights.\r
13. General. Nothing in this Agreement is intended to, or shall be deemed to, establish\r
any agency, partnership or joint venture between Licensee and Phil’s Fonts/GarageFonts,\r
nor authorize either Licensee or Phil’s Fonts/GarageFonts to make or enter into any\r
commitments for or on behalf of the other.\r
Licensee shall, at Phil’s Fonts/GarageFonts’ request, procure and execute, or procure the\r
execution of any and all such other documents, as Phil’s Fonts/GarageFonts may require\r
from time to time in order to enable Phil’s Fonts/GarageFonts to protect, perfect, enforce or\r
enjoy Phil’s Fonts/GarageFonts’ Intellectual Property Rights.\r
No person who is not a party to this Agreement shall have any rights to enforce any terms\r
of this Agreement. This Agreement shall be binding upon and inure for the benefit of the\r
personal representatives and successors in title and assigns of each of Phil’s\r
Fonts/GarageFonts and Licensee.\r
Licensee agrees to inform their employees or any other person having access to the Phil’s\r
Fonts/GarageFonts software and copies thereof, of the terms and conditions of this\r
Standard License Agreement and to ensure that they shall strictly abide by these terms and\r
conditions.\r
Licensee agrees that they will not export or re-export the Software in any form without the\r
appropriate United States and foreign government licenses.\r
14. Severability. If any provisions of this Agreement are held to be invalid, illegal or\r
unenforceable, then such provision(s) shall be severed from it, and the validity, legality and\r
enforceability of its remaining provisions shall not be affected or impaired.\r
15. Waiver. Waiver of any right(s) at any time shall not constitute waiver of any right(s)\r
at any future time.\r
16. License Agreement. This Standard License Agreement represents the entire\r
License Agreement between the Licensor and Licensee. This Agreement supersedes any\r
other prior License Agreement that may have been included with or embedded in the font\r
software or previously displayed by Phil’s Fonts/GarageFonts on its own website, or those\r
websites of its Authorized Distributors or Resellers. This Agreement may only be modified\r
by Phil’s Fonts/GarageFonts in writing expressly stating that such writing is intended to\r
modify this License Agreement.\r
Phil’s Fonts/GarageFonts expressly reserves the right to amend, modify or change this\r
Standard License Agreement at any time and without prior notification.\r
17. Jurisdiction. In the event that Phil’s Fonts/GarageFonts asserts a claim arising out of\r
or relating to this Agreement or the alleged breach thereof, Phil’s Fonts/GarageFonts may,\r
at its option, initiate either litigation or arbitration to resolve the claim, and the other party\r
agrees to abide by the decision of Phil’s Fonts/GarageFonts in this regard. In the event that\r
arbitration is selected, the controversy or claim, including any dispute regarding the\r
applicability of this arbitration clause to a given controversy or claim, shall be settled by\r
binding arbitration by the American Arbitration Association by a single arbitrator in\r
accordance with the Commercial Arbitration Rules of the American Arbitration Association\r
then in effect, and judgment upon the award rendered by the arbitrator may be entered in\r
any court having jurisdiction thereof. Any arbitration proceedings will be conducted in the\r
Washington, D.C. metropolitan area. Should Phil’s Fonts/GarageFonts bring any lawsuit or\r
proceeding against you to enforce this Agreement, Phil’s Fonts/GarageFonts shall be entitled\r
to receive its costs and reasonable attorneys’ fees incurred to enforce this Agreement. \r
If you have any questions concerning this Agreement or any matters regarding our products\r
please write, email or phone:\r
Phil’s Fonts, Inc.,\r
P.O. Box 247,\r
Sandy Spring, MD 20860, USA\r
Email: info@philsfonts.com\r
Phone: 301-879-9222\r
Phil’s Fonts and GarageFonts logos are the brands and trademarks of Phil’s Fonts, Inc.\r
PostScript and Flash are registered trademark of Adobe Systems, Inc. TrueType, OpenType, Sharepoint, Silverlight, and Xbox are registered trademarks of Microsoft Corporation. PlayStation is a registered trademark of Sony Computer Entertainment, Inc. Wii is a registered trademark of Nintendo Co., Ltd. All other brand or product names are the trademarks or registered trademarks of their respective holders and are duly recognized.\r
© 2015. Phil’s Fonts, Inc. Amended: April 20, 2015
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