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FONT END USER LICENSING AGREEMENT
THIS IS A BINDING CONTRACT. Please read this Agreement before purchasing, downloading, installing or using the Font Package Software (Font Package). By purchasing, downloading, installing, or using this font package, you are agreeing to be bound by the terms of this Agreement.
1. ENTIRE AGREEMENT. The receipt that accompanies each purchase or download of a Font Package from Magpie Paper Works (Foundry) is made part of this Agreement as though fully stated herein. This Agreement, in conjunction with the receipt that accompanies each purchase from Magpie Paper Works ("Foundry"), constitutes the entire agreement between you and Foundry and supersedes any prior proposals, agreements or understandings between you and Foundry.
2. APPLICABILITY. This Agreement applies to all Font Packages offered by Foundry, whether the Font Package is offered free of charge or offered for sale.
3. GRANT OF LICENSE. This Agreement grants you a license to use the Font Package and does not transfer any other right, title or interest in or to the Font Package, the font itself, or the characters making up the font. Except as otherwise stated herein, the license granted entitles you to perpetual, nonexclusive, and unlimited non-commercial use of the Font Package. This license entitles you to limited commercial use of this Font Package as further described herein. If you have any doubt as to whether a particular use of this software is permitted or prohibited by this Agreement, please contact Magpie Paper Works by emailing licensing@magpiepaperworks.com for more information or to request a supplemental license. We will do our best to accommodate your specific circumstances with a supplemental license if we determine it to be necessary.
4. NUMBER OF USERS/INSTALLATIONS. The maximum number of simultaneous users of the Font Package allowed under this license is specified in the applicable receipt. If the number of users is not specified on the receipt, then the maximum number of simultaneous users permitted is one. All users of the Font Package must belong to the same company, organization, or household as the person obtaining this license.
In no event may any single user install the Font Package on more than 2 devices. In the event a single user installs the Font Package on two devices, then the Font Package on those two devices may not be utilized simultaneously unless such use fully complies with this Agreement, including but not limited to the terms of this paragraph concerning the maximum number of simultaneous users permitted and requiring that all simultaneous users belong to the same company, organization or household as the person obtaining this license. Under no circumstances may the Font Package be served to a user over a network, LAN, WAN, or the internet. Such use requires a special license that may only be obtained by contacting Foundry as instructed in Paragraph 3 of this Agreement.
You agree to inform all authorized users or other persons having access to the Font Package and any copies of the Font Package of this Agreement and ensure that they strictly abide by the terms and conditions thereof.
In addition to the number of installations provided for in this paragraph, you may make up to one copy of the Font Package on a storage device exclusively for purposes of back-up, provided that you agree to retain exclusive custody and control over the back-up copy. Any back-up copy that you make must carry the same copyright and trademark notices displayed on the original. Upon termination of this Agreement, you must destroy the original and any and all copies of the Font Package. Unauthorized sharing, lending, renting, sale or other unauthorized use, misuse or transfer of back-up copy is prohibited.
5. THIRD PARTIES. You may provide the Font Package to a graphic designer, printer or other such organizations or persons working on your behalf only if such third parties agree to use the Font Package exclusively for your work, agree to the terms of this license, and retain no copies of the font on completion of the work. You may not provide the Font Package or make it accessible to any other third parties. You may not re-sell, sublicense, lease, lend, rent, give away, or otherwise transfer the Font Package or its documentation.
6. MODIFICATIONS. You may import characters from the Font Package as graphical objects into a drawing program and modify such graphical objects. Any modified objects remain subject to this Agreement. You may convert characters from the Font Package to another format. The converted version of those characters will remain subject to the terms of this Agreement. You may not re-sell, sublicense, reverse engineer, decompile, disassemble, or create derivative works based on the licensed font without Foundry's prior written consent.
7. EMBEDDING. You may embed characters from the Font Package into any document you send to third parties. Such documents may be viewed and printed (but not edited) by the recipients. You may not under any circumstances embed characters from the Font Package into software or hardware products in which the Font Package will be used by the purchasers of such products, or from which the Font Package can be extracted or transmitted. Examples of such products may include but are not limited to electronic books or magazines, mobile applications, gaming consoles or electronic games, embroidering or sewing machines, etc. Such use requires a supplemental license that may only be obtained by contacting Foundry as instructed in Paragraph 3 of this Agreement.
8. PERMITTED USES. Except as otherwise stated in this Agreement, the commercial or non-commercial purposes for which you may use the Font Package include, but are not limited to, the following, which are provided strictly for purposes of clarity:
A. To create images on paper, web pages, photographs, T-shirts, and other tangible surfaces or electronic displays so long as the image is a fixed size and non-editable;
B. To create EPS files or other scalable drawings provided that such files are only used by the household, organization, or company licensing the font and otherwise comply with this Agreement;
C. To create logos provided the characters from the Font Package are translated to artwork outlines;
D. For broadcast television, internet, video and/or film usage, titling, credits or other forms of attribution provided that the use does not permit interactive "typesetting," print out for use on goods or products, or any other use, transmission or extraction of the Font Package by the user or viewer of the broadcast, video or film.
9. LIMITATIONS ON COMMERCIAL USE. Certain commercial uses (whether for profit or not-for-profit) are not permitted without the purchase of a supplemental license. Such licenses are issued at the sole discretion of the Foundry. Those commercial uses not permitted by this Agreement include the following:
A. Point of sale displays;
B. Product packaging or advertising;
C. Alphabet or letterform products for resale. These products may include but are not limited to scrap-booking kits, sign or number-creation kits, rubber stamps, die-cut products, etc.;
D. Electronic devices, software, or hardware products outside a single location or in which the Font Package will be used by the users of such products or from which the Font Package can be extracted or transmitted. For example, and not by way of limitation, such electronic devices may include kiosks, gaming consoles or electronic games, gambling machines, embroidering or sewing machines, mobile devices, etc.;
E. Interactive "typesetting" in the broadcast of film, video, or television, titling, commercials, attributions, credits, or other displays.
You may request supplemental licensing by emailing licensing@magpiepaperworks.com.
10. COPYRIGHT. The Font Package and the accompanying materials are copyrighted and contain proprietary information and trade secrets belonging to the Foundry. Unauthorized copying of the Font P |