Fontspring Analog_dist Font License

The Fontspring Analog Font Distribution End User License Agreement Version 1.6.0 - March 13, 2014 By downloading, installing and/or embedding font software (“Font”) offered by Fontspring or its distributors, you (“Licensee”) agree to be bound by the following terms and conditions of this End User Licensing Agreement (“EULA”): 1. Right Granted Fontspring grants Licensee a perpetual, worldwide, non-exclusive and non-transferrable license to create alphabet or letterform products for resale where the Product Line consists of individual letterforms, including rubber stamps, die-cut products, stencil products, or adhesive sticker alphabet products where the likeness of the licensed fonts can be reproduced and the end-user of said products can create their own typesetting. 2. Requirements/Restrictions Licensee agrees to abide by the following requirements and restrictions: a. Font may be used in no more than the number of Product Lines indicated in the Receipt. b. Font may only be used by 1 user except for temporary use by third parties as described in Section 3 “Third Parties and Transferability” of this EULA. If additional users are needed, a desktop license is available from Fontspring http://www.fontspring.com. 3. Provision to Third Parties Licensee may temporarily provide the Font to a producer, publisher or other agent who is working on behalf of the Licensee, only if the producer, publisher, or other agent (1) agrees in writing to use the Font exclusively for Licensee’s work, according to the terms of this EULA, and (2) retains no copies of the Font upon completion of the work. Licensee may not otherwise distribute the Font to third parties or make the Font publicly accessible or available except by embedding or linking in accordance with this EULA. 4. Term This EULA grants a perpetual license for the rights set forth in Paragraph 1 unless and until the EULA terminates under Paragraph 8. Fontspring will not charge additional fees post purchase, annually or otherwise. 5. Other Usage Licenses for Desktop use, @font-face embedding, computer applications and games, installable interactive books, software, ebooks, mobile applications and games, product creation websites, website template distribution, website templates, and other uses not allowed by this Agreement may be available for an additional fee. Contact Fontspring at support@fontspring.com for more information. 6. Modifications Licensee may not modify the Font or create derivative works based upon the Font without prior written consent from Fontspring or the owning Foundry (“Foundry”) EXCEPT THAT Licensee may generate files necessary for embedding or linking in accordance with this EULA. 7. Copyright The Font is protected by copyright law. The Foundry is the sole, exclusive owner of all intellectual property rights, including rights under copyright and trademark law. Licensee agrees not to use the Font in any manner that infringes the intellectual property rights of the Foundry or violates the terms of this EULA. Licensee will be held legally responsible, and indemnifies Fontspring, for any infringements on the foundry's rights caused by failure to abide by the terms of this EULA. 8. Termination This EULA is effective until terminated. If Licensee fails to comply with any term of this EULA, Fontspring may terminate the EULA with 30 days notice. This EULA will terminate automatically 30 days after the issuance of such notice. 9. Disclaimer and Limited Warranty Fontspring warrants the Product to be free from defects in materials and workmanship under normal use for a period of twenty one (21) days from the date of delivery as shown on Receipt. Fontspring's entire liability, and Licensee’s exclusive remedy, for a defective product shall be, at Fontspring's election, either (1) return of purchase price or (2) replacement of any such product that is returned to Fontspring with a copy of the Receipt. Fontspring shall have no responsibility to replace the product or refund the purchase price if failure results from accident, abuse or misapplication, or if any product is lost or damaged due to theft, fire, or negligence. Any replacement product will be warranted for twenty one (21) days. This warranty gives Licensee specific legal rights. Licensee may have other rights, which vary from state to state. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE PRODUCT, IS PROVIDED “AS IS”. FONTSPRING MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The entire risk as to the quality and performance of the Product rests upon Licensee. Neither Fontspring nor the Foundry warrants that the functions contained in the Product will meet Licensee’s requirements or that the operation of the software will be uninterrupted or error free. FONTSPRING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT EVEN IF FONTSPRING OR THE FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to Licensee. 10. Governing Law This EULA is governed by the laws of the United States of America and the State of Delaware. 11. Entire Agreement This EULA, in conjunction with the receipt (“Receipt”) that accompanies each Font licensed from Fontspring or its distributors, constitutes the entire agreement between Fontspring and Licensee. 12. Modification The Parties may modify or amend this EULA in writing. 13. Waiver. The waiver of one breach or default hereunder shall not constitute the waiver of any subsequent breach or default.