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PhilÕs Fonts/GarageFont End User License Agreement for Facebook
August 4, 2015
Acknowledgement. IMPORTANT NOTICE: PHILÕS FONTS/GARAGEFONTS ÒLICENSORÓ IS WILLING TO LICENSE ITS FONT SOFTWARE TO ANY BUSINESS ENTITY OR INDIVIDUAL ÒLICENSEEÓ ONLY ON THE CONDITION THAT LICENSEE ACCEPTS THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT. THIS IS A CONTRACT BETWEEN THE LICENSEE AND THE LICENSOR. THIS TRANSACTION DOES NOT CONSTITUTE A SALE OF THE PHILÕS FONTS/GARAGEFONTS FONT SOFTWARE Ñ IT IS A LICENSE TO USE THE FONT SOFTWARE SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT.
BY PLACING AN ORDER FOR AND ACCEPTING PHILÕS FONTS/GARAGEFONTS FONT SOFTWARE (ELECTRONIC FONT SOFTWARE), OR BY DOWNLOADING THE SOFTWARE AND CLICKING THE ÒYES, I AGREEÓ BUTTON (OR SIMILAR ONLINE ACCEPTANCE MECHANISM) ACCOMPANYING THIS LICENSE, LICENSEE ACKNOWLEDGES THAT IT HAS READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTANDS THEM, AND AGREES TO BE BOUND BY THEM.IF LICENSEE DOES NOT AGREE TO THESE TERMS AND CONDITIONS, LICENSEE MUST PROMPTLY CEASE USE OF THE LICENSED PRODUCT. LICENSEE MUST IMMEDIATELY DELETE ANY PORTION OF THE FONT SOFTWARE INSTALLED ON LICENSEEÕS COMPUTER(S).
THIS LICENSE SUPERSEDES ALL PHILÕS FONTS/GARAGEFONTS END USER LICENSE AGREEMENTS.
PHILÕS FONTS/GARAGEFONTS ADVISES LICENSEE TO PRINT OUT A COPY OF THE LICENSE AGREEMENT TERMS AND CONDITIONS AND SAVE IT FOR YOUR RECORDS. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE CONTRACTUAL AND BINDING IN NATURE, AND NOT MERE RECITATIONS. ONCE THE FONT SOFTWARE LICENSE HAS BEEN PURCHASED, THE SOFTWARE IS NONRETURNABLE, AND THE LICENSE FEE IS NONREFUNDABLE.
- Software means the computer program contained in this package (which may include digitally encoded, machine readable, scalable outline font data as encoded in special format), together with all codes, techniques, software tools, formats, designs, concepts, methods and ideas associated with the computer program and all documentation related thereto.Please refer to important information regarding Permitted Uses and Special Font Licensing requirements in Sections 5, 6, 7, 8 and 9.
1. Third-Party Purchasing Agent. If you are acting as a third-party purchasing agent for a business or organization, you represent and warrant that the business or organization for which you are acting has consented to this Agreement. You further agree that as a third-party purchasing agent for a business or organization, you have no rights to use the Font Software whatsoever, but you agree to be bound by the Agreement in its entirety as if you were the end user.
2. Grant of Desktop Publishing License. In consideration of payment of the nonrefundable license fee, included in the price paid by the Licensee for this product, the Licensor grants to the Licensee a non-exclusive, non-transferable right to use this product, which consists of electronic font software to display and output PostScript¨, TrueType¨ or OpenType¨ typefaces. Any use other than Desktop will require additional licensing. This font software may be installed on up to five (5) CPUs for Desktop Publishing. If Licensee is using this product with more than five (5) CPUs, Licensee is required to obtain a Multi-User Desktop Publishing License for the appropriate number of CPUs/Users. (See Multi-User Desktop Publishing Licenses section below).
When Licensee orders GarageFonts library fonts through PhilÕs Fonts, Inc., or itÕs resellers, distributors or third-party licensing agents, Licensee is able to purchase Multi-User Desktop Publishing License(s) at the same time.
2 (a). License Extensions. Licensee is able to add additional Multi-User Desktop Publishing Licenses for the same font products. You may not, however, downgrade your license once you have made your purchase. The entire license will be governed by the License Agreement in affect at the time of the latest extension.
2 (b). Server Use.
The Font Software may not be installed or used on an internal or external (i.e., internet accessed) server unless all Workstations that can access such server are part of a Licensed Unit. For the purpose of determining the proper number of Workstations for which a license is needed, the following example is supplied for illustration purposes only: If there are 100 Workstations connected to the server, with no more than 15 Workstations ever using the Font Software concurrently, but the Font Software will be used on 25 different Workstations at various points in time, a license must be obtained which creates a Licensed Unit for 25 Workstations.
2 (c). Multi-User Desktop Licenses.
This license allows installation of the Freight Sans LF Pro fonts on an unlimited number of computers within Facebook and its subsidiaries. A Desktop license DOES NOT allow distribution to any 3rd parties including vendors but does allow distribution to subsidiaries for Desktop use only. Any other uses require Special Font Licensing.
Facebook is allowed to convert the Freight Sans LF Pro family (light, light italic, book, book italic, medium, medium italic, semibold, semibold italic, bold, bold italic, black, black italic) into web fonts for the Facebook.com and itÕs sub domains webpages.
This EULA must be included in all distributions of the fonts.
All other provisions of this EULA remain in effect.
3. Ownership. This Agreement does not constitute an exclusive sale of the original product to the Licensee. The Licensee acknowledges and agrees that PhilÕs Fonts/GarageFonts retains all intellectual property rights, title and ownership of any of its electronic font software. This title and ownership extends to copies of the font software installed on any computer, downloaded to any output device, or retained on other media by the Licensee as a backup.
This Agreement does not grant Licensee any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), service marks, font software rights, design rights or any other rights, franchises or licenses in respect of the electronic font software. The font software is protected by copyright including without limitation, by United States Copyright Law, international treaty provisions, and applicable laws in the jurisdiction of use. PhilÕs Fonts/GarageFonts reserves all its rights under these laws.
The Licensee further acknowledges and agrees that the structure, organization and source code of the font software are valuable trade secrets and confidential information of PhilÕs Fonts/GarageFonts. No rights are granted to Licensee other than a License to use the electronic font software on the terms expressly set forth in this Agreement.
Wherever and whenever design and production credits are displayed (such as a colophon), user of this font software agrees to list the font names and credit PhilÕs Fonts/GarageFonts as the trademark and copyright owner.
4. Copy Restrictions. This product is copyrighted and contains proprietary information and trade secrets of PhilÕs Fonts/GarageFonts. Unauthorized copying of this product is expressly forbidden. Licensee is permitted to create backups of the font software, provided that: (a) they are stored only at the site where this product is licensed, and (b) the full copyright information is included with each backup copy. Licensee may be held legally responsible for any infringement of PhilÕs Fonts/GarageFontsÕ intellectual property rights that is caused or encouraged by LicenseeÕs failure to abide by the terms of this Agreement.
5. Permitted Uses. This product is licensed only to the Licensee, and may not be transferred, sold, leased, rented, lent, shared, assigned, distributed or sublicensed to any third party at any time without the prior written consent of PhilÕs Fonts/GarageFonts.
Licensee may not modify, make error corrections, enhance, translate, adapt, alter, decompile, disassemble, decrypt, reverse engineer, change or alter the embedding bits, the font name, copyright or trademark information, nor any other proprietary or legal notices contained in the font software, nor seek to |