This MultipleLimited End User License Agreement (the “Agreement”) is a binding contractbetween you, and if you purchase this license (the “License”) on behalf of alegal entity, such entity (hereinafter “Font User”) and Moshik Nadav TypographyLLC (hereinafter “Font Owner”). This Agreement governs the terms andconditions of use of the Font Software and the design of the fonts and Typefaceembodied therein. This Agreement becomes effective (a) when you click onthe 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 deliveredvia e-mail attachment or any other intangible medium, once you open or forwardthe file.
By downloadingand/or installing and/or using the Font Software, Font User hereby agrees to bebound by the terms andconditions of this Agreement. If Font User does not agree to the terms andconditions set forth herein. Font User may not purchase, access, use or otherwisedownload, install or use the Font Software or the Typeface embodied therein.
“FontSoftware” - coded software that generates PARIS TYPEFACE designs when used withthe appropriate hardware and software plus any and all other data includingdocumentation provided with such software (the Font Software does notnecessarily include all the representation and embodiments of the font as seenon the Font Owner’s official website (www.moshik.net or on any social networkaccount that is associated with Font Owner).
“Typeface” - an artistic design of the Latinalphabet made by the Font Owner named PARIS TYPEFACE.
“Subject Use”- use of the Font Software and Typeface by Font User for personal,noncommercial purposes.
3.1. User,Use, and Term. Font Owner grants to Font Users a multiple limited terminablenon-exclusive license, without any right of sublicense, to use the FontSoftware and Typeface in connection with the Subject Use for personal,noncommercial purposes, which license shall apply from the Effective Date andshall remain in effect without limitation as to time unless terminated pursuantto the terms andconditions of this Agreement (the “Authorized Use”). The License is conditioned on thefollowing:
3.2.Installation and Back-up. Font User may install the Font Software on multiplecomputers or multiple Local Area Networks, provided that the users of the FontSoftware not exceed the number of users licensed under this Agreement. Font User may make a single back-up copy ofthe Font Software or Typeface for archival purposes only, provided that FontUser retains exclusive custody and control over such copies.
3.3. Copying.Except as granted in Section 3.2., above, Font User may not copy the FontSoftware, and shall retain the integrity of the original Font Software orTypeface. Any copy of the Font Softwaremust contain the same copyright, trademark, and other proprietary informationas the original Font Software.
3.4.Modifications. Font User may not modify, adapt, translate, reverse engineer,decompile, disassemble, alter, or attempt to discover the source code of theFont Software. If Font User desires tomake modifications to the Font Software, Font User must obtain the priorwritten consent of the Font Owner.
3.5 Further Conditions: Font Owner’s grant of the License is expresslyconditioned upon the Font Owner’s refraining or not engaging in the followingactivities:
(a) using the Font Software in order to provide commercial services toany legal entity, including commercial services provided by the Font User to itself,whether for digital or physical products or services, including but not limitedto apparel or other consumer goods;
(b) using any of the logotypes made by Font Owner, with or without, theFont Software;
(c) designer a new font and/or typeface and/or Font Software and/or anyother artistic work which is based upon the Typeface and/or Font Software, itsgraphical representation and/or embodiments;
(d) designer a new typeface, font or any other artistic work which willinfringe or violate the Font Software or any of its graphical representationsand/or embodiments and/or the Typeface under the laws of any country in theworld;
(e) using the Typeface and/or the Font Software and/or any of itsgraphical representations and/or embodiments to design and/or create an articleand/or a product of mass production and/or a package/cover for a commercialproduct be it tangible or intangible/digital;
(f) using the Typeface and/or the Font Software and/or any of itsgraphical representations and/or embodiments to design and/or create a 3D modeland/or a 3D article and/or a digital file containing such a 3D model and/or itsgraphical representation;
(g) using the Typeface and/or the Font Software and/or any of itsgraphical representations and/or embodiments to design and/or create a digitalor tangible animation;
(h) using the Typeface and/or the Font Software and/or any of itsgraphical representations and/or embodiments to design and/or create a piece ofgarment and/or any other wearable article which will include and/or embody agraphical representation of the Font Software or any other graphicalrepresentation made by the Font Software;
(i) using the Typeface and/or the Font Software and/or any of itsgraphical representations and/or embodiments to design and/or create a digitalproduct which will be sold at online platforms, including but not limited toiTunes or Amazon.com, and/or a design which will promote, directly orindirectly, the sale of such a product;
(j) using the Typeface and/or Font Software and/or any of its graphicalrepresentations and/or embodiments to design a logo (i.e., a logotype/graphicalrepresenting symbol) and/or a commercial product or part of a product and/orany artistic work to any legal entity;
(k) opening the Font Software in any font editor software such as:Glyphs, Robofont and Fontlab;
(l) tracing the glyphs of the Typeface in handwriting and/or interpretthem in order to create and/or reproduce new glyphs and/or any other tangibleor intangible representation of the Font Software and/or the Typeface;
(m) embedding the Font Software and/or Typeface in any digital format(offline or online), including but not limited to any document, whether or notthat document allows others to edit, alter, enhance or modify the Font Softwareand/or Typeface; or
(n) create, assist in or cause the creation of modifications oradditions to the Font Software or Typeface , including but not limited tocreating additional weights,; creating additional or deleting existingcharacters; modifying existing characters; modifying font spacing or kerning;or converting fonts to an alternate digital format, modify, adapt, translate,reverse engineer, decompile, disassemble, later or otherwise attempt todiscover the source code of the Font Software.
In the eventFont User violates any of the foregoing conditions of the limited License, thisLicense Agreement (and the License) shall automatically terminate.
Font Ownerprovides commercial licenses for some of the foregoing uses. Font User should contact Font Owner ifinterested in using the Font Software in a commercial manner through FontOwner’s commercial license contact form. Font User’s failure to contact Font Ownerto request a commercial license nor Font Owner’s failing to or delay innotifying Font User of a termination of this License for breach shallconstitute a waiver of any of Font Owner’s rights, either under this Agreementor applicable law.
The FontSoftware is protected by United StatesCopyright Law, by the copyright and design laws of other nations, and byinternational treaties. Resulting Typefaces may be patented. Any copyright,trademark and other rights belong exclusively to the Font Owner, except asexpressly provided in Section 3. Font User is obtaining only the limitedLicense to use the Font Software and Typeface as specified in Section 3, andacquires no ownership rights in the Font Software and/or Typeface under thisAgreement, including but not limited to the right to make any derivative works.The structure, organization, code and any additional proprietary information ofthe Font Software are trade secrets and know-how of the Font Owner and FontUser agree to treat them as such.
Except asexpressly provided herein, Font User may not give, share, rent, lease or sellthe Font Software or parts of it to third parties without the express writtenconsent of the Font Owner. Font User explicitly agrees to take all possiblemeasures in order to prevent third parties, such as contractors or freelancerswith whom Font User conducts business, from copying the Font Software or usingthe Font Software outside the scope of this Agreement. If Font User discoverssuch unauthorized copying, Font User shall promptly notify Font Owner.
The Font Ownerand its suppliers do not and cannot warrant the performance or results FontUser may obtain by using the Font Software. Font Owner makes nowarranties, express or implied, concerning the Font Software, including but notlimited to quality, performance, the implied warranty of merchantability, orthe implied warranty of fitness for a particular purpose, except for thoseexpressly set forth herein.
In no eventwhatsoever will the Font Owner or its suppliers be liable to Font User incontract or in tort for any consequential, incidental or special damages,including any lost profits, business interruption or lost savings arising outthe use or inability to use the Font Software, even if a Font Owner has beenadvised of the possibility of such damages, or for any claim by any thirdparty. Font User agrees that its exclusive and cumulative remedy under thisAgreement shall be limited to the License Fee.
Some jurisdictions donot allow the exclusion or limitation of incidental, consequential or specialdamages, implied warranties or implied warranties as they relate to sales toconsumers. ANY IMPLIED WARRANTY OR OTHER RIGHT CREATED BY LAW IS ONLY EFFECTIVEFOR THE NINETY (90) DAY WARRANTY PERIOD. THERE ARE NO WARRANTIES OR CONDITIONSOF ANY KIND AFTER THE NINETY (90) DAY WARRANTY PERIOD. To the extentpermissible by law, you agree that all implied warranties are not to beeffective for more than thirty (30) days.
Font Softwarewas tested and created for the use with Adobe Illustrator and Adobe InDesign onMac Os “Yosemite” and “Mojave.” While the Font Software may work withadditional or different programs it was not tested with regard to such programsand Font Owner does not guarantee full compatibility in such cases. Moreover,Font User may not be able to fully utilize the Font Software if used with suchuntested programs.
This Agreementwill be governed by the laws of the State of New York applying to contractsfully executed and performed within the State, without application of its—orany other jurisdiction’s – conflicts of laws provisions. The parties agree thatthe federal and state courts in Kings County, New York, shall have exclusivejurisdiction over any dispute arising out of or related to this Agreement, andthe parties waive any defense of forum non conveniens relating to suchcourts. In the event of any dispute arising out of or related to this Agreementor the subject matter thereof, the prevailing party in any such dispute shallbe entitled to recover its reasonable attorney’s fees, costs and expenses fromthe other party.
Font Useragrees to inform all users who have access to the Font Software of therestrictions set forth in this Agreement and to make ensure their compliancewith this Agreement. In the event of any dispute arising out of or relatedto this Agreement, the prevailing party in any such dispute shall be entitledto recover all of its costs incurred, including but not limited to reasonableattorney’s fees, from the other party.
If Font Useris a design consultancy, advertising agency, web designer or a person or entitypurchasing this License on behalf of such a firm, Font user must ensure thatany end users have purchased the appropriate license(s) for all such uses.
If any part ofthis Agreement is found void or unenforceable by any court or other competentauthority, it will not affect the validity of the balance of the Agreement,which shall remain valid and enforceable according to its terms and conditions.
This Agreementmay only be modified in writing signed by an authorized officer of the FontOwner.