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KIMMY DESIGN - END USER LICENSE AGREEMENT
THIS IS A BINDING LEGAL AGREEMENT - Please read this Agreement before purchasing, downloading, installing or using the Font Software shall indicate your express agreement to these terms and conditions.
1. Grant of license. Upon payment in full, Kimmy Design grants you (Licensee) a non-exclusive, terminable License to Use the Font Software (defined as: digital software that generates typeface and/or illustration designs when Used with computers and other software) and the designs embodied therein together with any accompanying documentation, each in accordance with the terms and conditions of this Agreement. Use of the Font Software shall occur when a User is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software.
a. Basic User License. If you purchase a basic License, this License allows Use of the Font Software by not more than one (1) User for the Use(s) specifically authorized and not excluded under this Agreement. User means an individual person. Business entities must purchase licenses sufficient for all Users of the Font Software (Multi-User License).
b. Multi-User License. If you purchase a License for Use of the Font Software by more than one (1) User, you may install the Font Software for the number of Users identified in the Order Receipt which is either sent to you by email or accompanies the Font Software.
c. Locations and workstation devices. Use of the Font Software is licensed to the User and is not restricted to a geographic location requires the purchase of a separate license for each location for the number of Users at each location, or the purchase of a special, multi-site license from Kimmy Design. Use of the Font Software on a portable computer or other mobile device such as a phone or tablet is permitted provided that the device is owned and controlled by the Licensee and is not Used to permit Use of the Font Software by more than the number of Users licensed under this Agreement.
If at any time your Use of the Font Software exceeds that permitted in the applicable License, you agree to immediately notify Kimmy Design and purchase the appropriate license, which may or may not be granted at the discretion of Kimmy Design.
2. One back-up. You are permitted to make one (1) back-up copy of the Font Software for archival purposes only. Unauthorized sharing, lending, renting, sale, or other unauthorized Use or misuse of the original Font Software and/or the back-up copy is a material breach of this Agreement and will result in immediate termination of this License.
3. Modification or customization. Without prior written approval from Kimmy Design you are not permitted to: (i) alter the Font Software in any manner whatsoever.;(ii) make, or hire others to make, custom or derivative versions of the Font Software; or (iii) by way of example not limitation, to decompile, reverse engineer, disassemble, modify, alter or change the Font Software or any associated embedding bits. You hereby acknowledge that the unauthorized modification or customization of the Font Software shall be an infringement of Kimmy Design rights, causing significant harm in the form of monetary and goodwill damages. If you are interested in utilizing a customized Font, contact Kimmy Design for more information.
4. Service Bureaus. You are permitted to make a temporary copy of the Font Software for Use by a commercial printer or service bureau solely for Use in the production of your own materials. Copying and distribution to commercial printers or service bureaus is limited to those who clearly state that they are duly licensed to Use the Font Software. You are further permitted to include a temporary copy the Font Software with a document solely for the purposes of facilitating your personal printing and/or viewing of the document.
5. Limited embedding. You are permitted to embed or otherwise include the Font outlines in a multimedia CD, DVD, PDF, or a flash movie distributed physically or online when such Use is without charge of any kind and is for personal Use provided the Font Software cannot be extracted. If you are unsure how to prevent font extraction, review your embedding software prior to creating documents containing embedded copies of the Font Software.
Professional Users are permitted to embed or otherwise include the Font outlines in a PDF, or a flash movie distributed physically or online for commercial Use provided the Fonts cannot be extracted and the document is not for resale. Resale of any document containing an embedded copy of the Font Software is prohibited and if the ability to sell documents and/or files containing embedded copies of the Fonts is desired, the purchase of a license upgrade is required.
6. Internet Use. You are permitted to Use the Fonts to make GIF, JPEG, and PNG pixel-based images for Use on the Internet as part of a website design provided that the image creation is not automated, the images are made personally by a licensed User, and that no embedding or other transmission of the Font Software is made possible. You are not permitted to Use the Font Software in connection with embedded font objects or by any other means that embed the Font Software for the purposes of displaying the Fonts on the Internet or on wireless Web browsers. For all other proposed website Use, you must purchase a special Webfont License.
7. Artwork restricted. In the event any dingbats or other art work forms are part of the Font Software, Use of the artwork is further restricted. You may not Use artwork, drawings or dingbats that are part of the Font Software for business Uses such as, but not limited to, goods for sale, in logo design, retail packaging or point of sale displays without prior written approval of Kimmy Design. Any such Use requires the purchase of a license upgrade.
8. Other Use Restrictions. Use of the Font Software in any of the following circumstances and/or applications is NOT permitted without first obtaining the appropriate special licensing from Kimmy Design:
a) ALPHABET OR LETTERFORM-RELATED PRODUCTS; PERSONALIZED PRODUCTS FOR RESALE OR IN LETTERFORM CREATION PRODUCTS OR DEVICES: Letter form, Alphabet Products and Personalized Products This restriction applies solely where the Font is Used as the primary design feature of a product intended for sale or resale. To Use the Font for such purposes, contact Kimmy Design for additional information and licensing. retail or wholesale includes, but is not limited to, Uses involving reproductions of individual letterforms, including but not limited to digital alphabets (Alphas); adhesive sticker alphabet products; Use in the creation of signage or numbering products; monogram products; rubber stamps; die-cut products, stencil products; tattoo, flash, or converted into software or by other means for the purposes of producing alphabet or letterforms by the Use of sewing and/or embroidery machines; die-cut devices and plotters or any other product producing or containing any image of the letterforms or images derived from the design of the Font embodied in the Font Software of which any likeness of the alphabet can be reproduced where the letterform or alphabet product will be distributed or resold. .
b) BROADCAST ON TELEVISION CABLE OR THE INTERNET; COMMERCIAL EXHIBITION, or FILM: Broadcast, Exhibition, Internet and Film Usage includes, but is not limited to the Use of the Font Software to create titling and/or credits for any broadcast via television, the Internet and/or cable and/or motion picture distribution and/or exhibition. For Use in film or in television broadcasts and where a license has been granted, the terms of any such License are normally limited to an annual broadcast season or the initial release. Unless otherwise provided for, broadcast usage licensing must be renewed prior to following season (whether original or re-rerun, both foreign and domestic) to retain the granted license.
c) EMBEDDING IN ELECTRONIC DEVICES; ALL GAMING DEVICES: Embedded in Electronic Devices includes, but is not limited to, the Use of the Font Software for any on-screen display or in an electronic device for Use by other than the User or for business purposes. For example, and not by way of limitation, such electronic devices include electronic books, kiosks or gaming devices and some forms of gaming machines. Use of the Font in the creation of or as part of a Company Logo is permitted, subject to other provisions of this Agreement. Upon the purchase of a license upgrade the Font Software may be embedded and resident within an electronic device provided it cannot be extracted from the device.
d) EMBEDDING IN SOFTWARE: The embedding or other Use of the Fonts or the outlines thereof, in software or other works distributed electronically and/or via physical media for sale is prohibited under this License. Any such Use requires the express written permission by Kimmy Design and may or may not require the purchase of a license upgrade at the sole discretion of Kimmy Design.
9. Special Licensing, Upgrades. For the Uses described in this Agreement as requiring special licensing, approval, or to discuss or request additional usage rights, please contact Kimmy Design. Special licensing, if granted, may be subject to differing conditions and restrictions, including but not limited to price structure, Use restrictions, duration, and renewal requirements, at Kimmy Designs sole discretion.
10. Rights reserved. This Software is licensed, not sold, to you by Kimmy Design, and is licensed for Use in accordance with the terms of this Agreement. As a licensee, your ownership of the magnetic and/or optical media on which the Software is recorded, if any, is distinct from and does not grant any right, title or interest in and to the design of the Font or the Font Software itself. All copies of the Software downloaded or installed, including the copy(ies) of any Software that accompanies this document either as part of a downloaded file or on recorded media, such as, but not limited to, magnetic or optical media, remain the exclusive property of Kimmy Design. The Kimmy Design Font Software and the design of the Font embodied therein are the exclusive property of Kimmy Design and are protected under both domestic and international copyright, trademark and unfair competition laws. No ownership right is granted by this License Agreement. Kimmy Design reserves all rights not expressly granted herein.
11. Trademarks. You agree to credit Kimmy Design as the trademark and copyright owner of the Kimmy Design Fonts and list the font names, Used, whenever and whenever design production or any other credits are shown. The various names of the Kimmy Design Fonts are the trademarks of Kimmy Design, regardless of registration status. All other trademarks are the property of their respective owners, and may be registered in the United States and/or other jurisdictions. All Use of the trademark associated with the Font Software inures solely to the benefit of the trademark owner.
12. Transfer of license. You are permitted to transfer this License to Use the Font Software one (1) time only and only to another end User. Under no circumstances are you permitted to purchase this License for resale purposes. Upon transfer of this License, you agree that (i) You will transfer the original Font Software together with all documentation, (ii) Any such transfer is not by consignment or other indirect means, (iii) The new Licensee reads, understands and agrees with the terms of this License, and (iv) You will destroy all other copies on the Font Software and any documentation remaining in your possession. Upon transfer of the Font Software, you are not permitted to retain copies for yourself, lend or otherwise provide copies of the Font Software to commercial printers or service bureaus.
13. Disclaimer of warranties. Subject to the representations and warranties stated herein, the Font Software is provided "AS IS" and without fiduciary obligation to you or other warranties of any kind and Kimmy Design hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KIMMY DESIGN DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE THE FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. THE FONT SOFTWARE IS NOT FAULT TOLERANT AND IS NOT INTENDED FOR USE IN THE CONTROL OR OPERATION OF DEVICES OR EQUIPMENT FOR MANUFACTURING, OR FOR USE IN NAVIGATIONAL DEVICES. UNDER NO CIRCUMSTANCES SHALL KIMMY DESIGN BE LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. Under no circumstances, subject to the conditions noted herein, shall Kimmy Design maximum liability to you or any third party exceed the replacement cost of Font Software or the provision of substitute software, at the sole discretion of Kimmy Design.
14. Other law consumers only. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, implied warranties or implied warranties as they relate to sales to non-business purchases to consumers. ANY IMPLIED WARRANTY OR CONDITION CREATED BY LAW IS ONLY EFFECTIVE FOR A THIRTY (30) DAY WARRANTY PERIOD OR THE SHORTEST PERIOD ALLOWED BY ANY APPLICABLE RULE, LAW OR STATUTE. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE SHORTEST APPLICABLE WARRANTY PERIOD. The exclusions noted above may not apply to you. Otherwise, and to the extent permissible by law, you agree that all implied warranties are not to be effective for more than thirty (30) days.
15. Breach by Licensee. In the event you Use the License in a manner not authorized by this Agreement, or fail to obtain a proper license for your intended Use, Kimmy Design will suffer damages, including but not limited to financial loss and damage to good will. Kimmy Design reserves the right to terminate this License in the event of such breach or failure. Kimmy Design reserves the further right to file suit to prevent further breach or violation of the rights of Kimmy Design, and/or for damages, including but not limited to any and all costs of suit and attorneys fees. Without limiting the foregoing, Licensee agrees to indemnify and hold Kimmy Design harmless from any violation or breach of this Agreement by Licensee which results in a threat, claim or demand by any third party.
16. Governing law. This Agreement will be governed by the laws of the State of California as applies to contracts entered into and wholly performed therein without application of its conflict of law provisions or the conflict of law provisions of any other jurisdiction. You hereby expressly consent to the personal jurisdiction of the local, state or federal courts selected by Kimmy Design for the hearing or resolution of any dispute or action arising out of or related to this License and you hereby further expressly waive any jurisdiction or venue defenses and agree to services of process by mail. All remedies are cumulative not exclusive.
17. Complete agreement. You acknowledge that you have read this agreement and understand it and that by using the software you will be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Kimmy Design and you which supersedes any proposal or prior agreement, oral or written, and any other communications between Kimmy Design and you relating to the subject matter of this Agreement. No variation of the terms of this agreement or any different terms will be enforceable against Kimmy Design unless Kimmy Design gives its express written consent, including a written express waiver of the terms of this. If any provision of this agreement is held void or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions of this agreement will remain in full force and effect. Kimmy Design expressly reserves the right to amend or modify this License Agreement at any time and without prior notification. _
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Direct any questions to: kimmy@kimmydesign.com
January 29, 2019 |