MOSHIK UPPERCASE TYPEFACE SINGLE USER LICENSE
End User License Agreement – Moshik Uppercase Typeface
PLEASE READ THE FOLLOWING CAREFULLY this is a binding legal agreement.
This End User License Agreement (hereinafter “Agreement”, “License”, “License Agreement” or “EULA”) is a binding contract between you, or, if you represent a legal entity, that legal entity (hereinafter “Font User”) and Moshik Nadav Typography LLC (hereinafter “Font Owner”), and is applicable to the Font Software that the Font User have ordered online via the Font Owner or any of its distributors.
This Agreement becomes effective (a) when you click on the area marked “I have read, understand and agree to the License Agreement,” or (b) if you are acquiring the Font Software as a compressed archive delivered via e-mail attachment or any other intangible medium for that matter.
By downloading and/or installing and/or using this Font Software Font User hereby agrees to be bound by the terms of this Agreement. If Font User does not wish to enter into this Agreement, do not purchase, access, use or otherwise download, install or use the Font Software.
The terms of this agreement will apply to any Moshik Uppercase Typeface styles purchased by the Font User.
“Font Software” - an Adobe illustrator (*.AI) - Vector file that contains Moshik Uppercase typeface designs when used with the appropriate hardware and software plus any and all other data including documentation provided with such software (the Font Software does not necessarily include all the representation and embodiments of the font as seen on the Font Owner’s official website (www.moshik.net or on any social network account that is associated with Font Owner).
“Licensed Unit” - an installation of the Font Software that allows up to one user to use it at a single geographic location. A single geographic location is in particular the site of Font User place of domicile. The geographic restriction does not apply to portable computers, tablets & smartphones if they are owned by the Font User.
“Typeface” - an artistic design of the Latin alphabet made by the Font Owner named Moshik Uppercase typeface.
2. Grant of License
2.1. Number of users. The Font Owner grants Font User a non-exclusive license to use the Font Software in a Licensed Unit for Font User personal or business purposes according to the terms of this Agreement. If the number of users who use the Font Software exceeds those set forth in the definition of Licensed Unit above, then Font User must request the Font Owner or its authorized Distributors an appropriate license covering all users. An additional fee will be charged for this license extension.
2.2. Back-up. Font User may make back-up copies of the Font Software for archival purposes only, provided that Font User retains exclusive custody and control over such copies.
2.3. Copying. Except as granted in section 2.2. above, Font User may not copy the Font Software or allow third parties to copy the Font Software. Any copy of the Font Software must contain the same copyright, trademark, and other proprietary information as the originals.
2.4. Modifications. Font User may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or attempt to discover the source code of the Font Software. If Font User wants to make modifications to the Font Software, Font User must obtain the prior written consent of the Font Owner.
The Font Software and the Typeface, and all copies thereof, is protected by the United States Copyright Law, by the copyright and design laws of other nations, and by international treaties. Any copyright, trademark and other rights belong exclusively to the Font Owner, except as expressly provided in 2.1. Font User do not gain the ownership of the Font Software and/or Typeface under this Agreement. The structure, organization, code and any additional proprietary information of the Font Software are trade secrets and know-how of the Font Owner and Font User agree to treat them as such.
4. Transfer of License
Except as expressly provided herein, Font User may not give, share, rent, lease or sell the Font Software or parts of it to third parties without the explicit permission of the Font Owner. Font User explicitly agree to take all possible measures in order to prevent third parties, such as freelancers with whom Font User conduct business, from copying the Font Software.
The Font Owner and its suppliers do not and cannot warrant the performance or results Font User may obtain by using the Font Software.
In no event whatsoever will the Font Owner or its suppliers be liable to Font User for any consequential, incidental or special damages, including any lost profits or lost savings arising out the use or inability to use the Font Software, even if a Font Owner representative has been advised of the possibility of such damages, or for any claim by any third party.
Font Software was tested and created for the use with Adobe Illustrator and Adobe InDesign on Mac Os “Yosemite”. While the Font Software may work with additional or different programs it was not tested with regard to such programs and Font Owner does not guarantee full compatibility in such cases. Moreover, Font User may not be able to fully utilize the Font Software if he will choose to use it with such untested programs.
6. Governing Law
This Agreement will be governed by the laws of the State of New York. This agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
Font User, or any other legal entity which has been exposed to the Typeface and/or the Font Software and/or any of its graphical representations and/or embodiments via the Font User, its employees or any other party working with the Font User Is NOT ALLOWED TO any of the following:
Use the Font Software in order to provide commercial services to any legal entity, including commercial services provided by the Font User to itself;
Use any of the logotypes made by MNT, with or without, the Font Software;
Design a new font and/or typeface and/or Font Software and/or any other artistic work which is based upon the Typeface and/or Font Software, its graphical representation and/or embodiments;
Design a new typeface, font or any other artistic work which will infringe or violate the Font Software or any of its graphical representations and/or embodiments and/or the Typeface under the laws of any country in the world;
Use the Typeface and/or the Font Software and/or any of its graphical representations and/or embodiments to design and/or create an article and/or a product of mass production and/or a package/cover for a commercial product be it tangible or intangible/digital;
Use the Typeface and/or the Font Software and/or any of its graphical representations and/or embodiments to design and/or create a 3D model and/or a 3D article and/or a digital file containing such a 3D model and/or its graphical representation;
Use the Typeface and/or the Font Software and/or any of its graphical representations and/or embodiments to design and/or create a digital or tangible animation;
Use the Typeface and/or the Font Software and/or any of its graphical representations and/or embodiments to design and/or create a piece of garment and/or any other wearable article which will include and/or embody a graphical representation of the Font Software or any other graphical representation made by the Font Software;
Use the Typeface and/or the Font Software and/or any of its graphical representations and/or embodiments to design and/or create a digital product which will be sold at online platforms such as iTunes and Amazon, and/or a design which will promote, directly or indirectly, the sale of such a product;
Use the Typeface and/or Font Software and/or any of its graphical representations and/or embodiments to design a logo (i.e., a logotype/graphical representing symbol) and/or a commercial product or part of a product and/or any artistic work to any legal entity;
Open the Font Software in any font editor software such as: Glyphs, Robofont and Fontlab;
Trace the glyphs of the Typeface in handwriting and/or interpret them in order to create and/or reproduce new glyphs and/or any other tangible or intangible representation of the Font Software and/or the Typeface;
Embed the Font Software and/or Typeface in any digital format (offline or online);
If the Font User would like to use the Font Software and/or the Typeface in a way which is limited by this Agreement he should fill the following form for a price quote for that specific use (the amount paid by Font User for this License will be taken into account as a discount factor when providing the quote). A written approval from Font Owner must be obtained before any such use by the Font User.
In the event of a breach or violation by Font User of any of the limitations listed in this section (Section 7 to the Agreement), Font User shall pay Font Owner liquidated damages of at least $100,000 USD for every such breach or violation, in addition to any remedies that Font Owner is entitled to by law or equity.
If Font User obtained any profits from a breach or violation of the Agreement, Font Owner will be entitled to recoup any such profits from Font User, in addition to any remedies that Font Owner is entitled to by law or equity.
The Font Owner has the right to terminate the License Agreement immediately if Font User fails to comply with any of its terms or if the Font User uses the Font Software and/or the Typeface in a “Detrimental Manner”. “Detrimental Manner” will be defined solely by the Font Owner and according to his sole discretionary judgement.
Upon termination of this Agreement, Font User must stop using the Font Software and destroy the original and any copies of the Font Software. Any tangible or intangible embodiments of the Font Software and/or Typeface, or parts thereof that the Font User and/or any of its clients may possess at such a time must also be destroyed upon the termination of the Agreement.
9. General Provisions
Font User agrees to inform all users who have access to the Font Software about the content of this Agreement and to make sure that they comply with all of its terms.
10. Severability and Amendments
If any part of this Agreement is found void or unenforceable by any court or other competent authority, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
This Agreement may only be modified in writing signed by an authorized officer of the Font Owner.