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END USER LICENSE AGREEMENT
By installing, copying, or otherwise using Font Software by David Kerkhoff d/b/a HANODED FONTS, you agree to be bound by the terms of this License. This End User License Agreement (ÒEULAÓ) represents the entire agreement, concerning the fonts (ÒFont SoftwareÓ), between you and David Kerkhoff (d/b/a Hanoded Fonts), (ÒHanodedÓ or "Licensor"), and it supersedes any prior proposal, discussions, oral agreement, representation, or understanding between the parties. There are significant restrictions to use of the Font Software if you are involved in certain industries. Read the restrictions carefully before you purchase a License, download or Use the Font Software.
If you do not agree to the terms of this EULA, do not install or use the Font Software. All Hanoded Font Software is protected by copyright and trademark laws and other international copyright laws, as well as other intellectual property laws and treaties. The Font Software is licensed for use and is not sold.
GRANT OF LICENSE
The Font Software is licensed as follows:
Installation and Use
The Licensor grants you the right to install and use the font(s) for any purpose you see fit (except those identified in the Restrictions noted below), commercial or non-commercial, on websites or in print, as long as you do not sell or resell the font(s) on their own, or claim them as your own.
You may install the Font Software on up to five (5) computers only.
(b) Backup Copies
You may make copies of the font(s) as may be necessary for backup and archival purposes.
(c) Embedding and Webfont use
Fonts by David Kerkhoff d/b/a Hanoded may not be embedded in software, games, computer programs or the like. For such use a special license is required. You are permitted to embed the Software in PDF or use in graphics and images. You are permitted to convert the Software to vector outlines - no special license is required. In all circumstances where you do embed the font, embedding bits or other security functionality should be set such that the Software cannot be removed or otherwise accessed from the files. Use of the Font Software as webfonts or converting the Font Software for webfont use is not permitted. If you need to use the Font Software as webfonts, contact Hanoded for a special license.
(d) Restrictions
Hanoded Font Software may NOT be used for the following purposes:
i. pornographic, derogatory, defamatory or racist material (in any form, printed or virtual);
ii. activities in support of or depictions of child abuse, child pornography or in activities that use, foster or promote child labour;
iii. use by individuals or companies involved in any abuse and/or destruction of natural resources and/or habitat, logging (even legal), palm oil exploitation/harvesting, tuna fishing, whaling, animal or human trafficking, oil and/or gas drilling or the transporting and mining of such products or persons;
iv. use by individuals or companies promoting an unhealthy lifestyle , including, but not limited, to fast food, energy drinks, foods containing GM ingredients);
v. use by companies or persons involved in Genetic Modification / Genetic Alteration of organisms;
vi. use by individuals or companies involved in fur trade, or making use of fur;
vii. use by missionaries, individuals or institutions of any creed or faith for the purpose of converting others to their creed or faith;
viii. use in navigation devices, embedding and Webfont use; and
ix. use to instigate or support of terror, hate, intolerance, fear or racism.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Maintenance of Copyright Notices You are not permitted to remove or alter any copyright notice on the Font Software and you may not alter any information contained within the Font Software itself.
Distribution You may not distribute registered or unregistered copies of the Font Software to third parties in any way; not for free/as a gift, nor for money or the exchange of goods or anything of value.
(c) Prohibition on Modifications, Enhancements, Alterations
Except where otherwise expressly permitted by Law and only for permitted purposes, you may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or otherwise attempt to discover the source code of the Font Software or the designs embodied therein. Any modifications made to the vector outlines shall be considered derivative works and their use governed by the terms and conditions of this Agreement. You further agree not to commission or authorize any third party to undertake modifications to the Font Software without prior written consent from Hanoded, except and only to the extent that such activity is otherwise expressly permitted by applicable law notwithstanding this limitation.
TERMINATION
Without prejudice to any other rights, Hanoded may terminate this License if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of Font Software in your possession.
COPYRIGHT
All right title and interest in and to the Font Software and any copies thereof are owned by David Kerkhoff d/b/a Hanoded or his suppliers. All title and intellectual property rights in and to the content which may be accessed through use of Font Software by Hanoded is the property of the respective owner and is protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights other than those granted under this License. All rights not expressly granted are reserved by Hanoded or the owner of the Font Software.
LIMITED LIABILITY AND REVOCATION OF WARRANTIES
DAVID KERKHOFF d/b/a HANODED FONTS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE FONT SOFTWARE IS PROVIDED ÒAS IS.Ó HANODED DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNIMPEDED, UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. WITHOUT LIMITING THE FOREGOING UNDER NO CIRCUMSTANCES SHALL DAVID KERKHOFF d/b/a HANODED BE LIABLE TO YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, LOST SAVING, LOSS OF DATA, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF OR THE INABILITY TO USE THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. In no event shall David Kerkhoff d/b/a Hanoded be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the Font Software. Neither David Kerkhoff nor Hanoded Fonts shall be liable with respect to the Font Software, or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, and loss of privacy, moral rights or the disclosure of confidential information.
6. Other Law, Non-Business Users Only
Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or implied warranties. Any implied warranty or other right created by law is only effective for the ninety (90) day warranty period. There are no warranties or conditions of any kind after the ninety (90) day warranty period. To the extent permissible by law, you agree that all implied warranties are not to be effective for more than thirty (30) days. The terms and conditions of this License are contractual in nature. By downloading, installing and using the Font Software, you acknowledge you have read, understood, and agreed to be bound by the terms and conditions of this License Agreement.
7. Waiver
The waiver of any term or condition in the License by Hanoded shall not be construed or enforced as an ongoing waiver of that term or condition or any other term or condition of this License nor shall any waiver be construed or enforced as a permanent waiver of any other term, condition or right of Hanoded.
8. Choice of Law
You expressly agree that this Agreement shall be governed by the laws of the Netherlands as they apply to copyright and contracts wholly performed therein and without respect to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. You expressly submit to the jurisdiction of the courts selected by Hanoded for the purposes of adjudicating any dispute arising under this Agreement and you expressly waive all defenses arising out of the selection of the jurisdiction and forum elected by Hanoded for the resolution of any dispute and agree to service of process by mail. You hereby agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
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