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End User License Agreement

This End User License Agreement (the “Agreement”) is a legal agreement between you and Wabi Sabi Type Shop, LLC (“WSTS”) which governs the use of Font Software that you license from WSTS. By purchasing, downloading, installing, using, or otherwise handling the Font Software, or by accepting the Agreement via purchase order, you accept the terms of this Agreement and agree to comply with and be bound by its terms.

If you do not wish to enter into this Agreement, do not purchase, access, download, install or otherwise use the Font Software. Please read this entire Agreement before agreeing to be bound.

This Agreement replaces and supersedes any previously made oral or written proposal or agreement between you and WSTS.

  1. Definitions
    • “Font Software” means coded and encrypted software that generates digital typeface designs when used with the appropriate hardware and software. The Font Software that this License applies to is defined on your invoice.
    • “Licensee” and “You” means the purchaser of the Font Software of the company or organization that is represented by the Licensee or You. The identity of the Licensee is stated on your invoice.
    • “Trademarks” means all trademarks owned exclusively by WSTS, including without limitation, WABI SABI TYPE SHOP and the names of typefaces associated with the specific Font Software made available under this Agreement.
    • “App” means a software application designed to run on desktop or mobile devices using Windows, MacOS, Android, or iOS, operating systems, insofar as they support the Font Software files as they are supplied
    • “eBook” means a digital publication that can be read on a computer, mobile device, or eBook reader.
  2. License Grant.
    1. License. Upon purchase, WSTS grants the Licensee a non-exclusive, non-assignable, non-transferrable, revocable license to use the Font Software and Trademarks, subject to the terms and restrictions set forth in this Agreement.
    2. Use of Trademarks. You may use the Trademarks only (i) in your advertising, publicity, literature, packaging, and other promotional activities in connection with the Font Software incorporated into your products or materials, and (ii) to identify as a credit the Font Software that is embedded in or accessed through your products or materials as permitted by this Agreement. You acknowledge that WSTS owns all right, title, and interest in and to the Trademarks.
  3. Permissions and Restrictions.
    1. Installation. You may install the Font Software only on the number of computers, devices, or servers stated (altogether “Devices”) on your invoice, plus one (1) additional back-up copy for archival purposes only. The number of devices that can access the Font Software may not exceed the number of Devices stated on your invoice. If you have purchased licenses for multiple Devices, such license may only be used on Devices within your company or organization.
    2. Distribution. The Font Software may not be sub-licensed, sold, leased, rented, lent, or given away to another person or entity (including without limitation any client, agency, parent, subsidiary, or affiliate). You shall not embed the Font Software into open-source software or upload the Font Software to publicly listed file indexes, such as Github, which may have the effect of causing the Font Software to become open-source or other publicly available software.
    3. Types of Permitted Use
      1. Desktop Use. Embedding of the Font Software is permitted in a read-only, non-editable document. All other embedding is prohibited. You may supply non-editable artwork in static file formats to commercial printers and other service bureaus.
      2. Web Use. You may use the Font Software for styling text using the CSS @ font-face technique, subject to the numerical Device restrictions stated herein and in your invoice. A copy of the Font Software may be shared with a third-party website developer who is performing web development services for you in a secured developing environment, provided that such developer (x) must agree in writing to the terms of this agreement, (y) may not use the Font Software for any other purpose, and (z) must delete any copies of the Font Software in their possession upon completion of the work. With the exception of web forms, all editable use of the Font Software is prohibited.
      3. App and eBook Use. You may use the Font Software for styling text in Apps or eBooks, subject to the numerical Device restrictions stated herein and in your invoice. In connection with such use, Font Software may not be used (i) other than to create embedded fonts in your Apps or eBooks, or (ii) to create or save any documents, including without limitation raster or vector images. A copy of the Font Software may be shared with a third-party App developer who is performing App development services for you in a secured developing environment, provided that such developer (x) must agree in writing to the terms of this agreement, (y) may not use the Font Software for any other purpose, and (z) must delete any copies of the Font Software in their possession upon completion of the work. With the exception of fillable forms, editable use of the Font Software is prohibited.
    4. No Modification. You may not modify the Font Software under any circumstance or in any way, including to create derivative works. You may not rename, adapt, translate, reverse engineer, decompile, disassemble, alter, or otherwise copy the Font Software. You agree not to commission a third party to make modifications of the Font Software. You may not change the name of the Font Software, not alter or cover any copyright notice, trademark, or other proprietary rights notice that accompanies the Font Software.
  4. Intellectual Property Rights. You agree that the Font Software is protected by the copyright law or other intellectual and industrial property rights of the United States and its various States, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties. You agree that WSTS owns all right, title, and interest in and to the Font Software, its structure, organization, code, and related files, including all intellectual and industrial property rights therein such as copyright and design, as well as all rights to the Trademarks. You agree that the Font Software, its structure, organization, code, and related files and the Trademarks are valuable property of WSTS and that any intentional or negligent use of the Font Software or Trademarks not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights.
  5. Reserved Rights. Any and all rights not expressly granted by WSTS in this Agreement are hereby reserved.
  6. Termination. Any breach of the terms of this Agreement by you shall be cause for termination by WSTS. In the event of termination, and without limiting any other remedies, you agree to immediately return the Font Software to WSTS and certify that no copy remains in your possession or control.
  7. No Warranty; Limitation of Liability. WSTS MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, WSTS SHALL NOT BE LIABLE TO THE LICENSEE OR ANY OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, OR INDICENTIAL DAMAGES, INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION ARISING OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE, EVEN IF NOTIFIED IN ADVANCE. WSTS’s maximum liability shall not exceed the replacement cost of the Font Software. You agree to indemnify and hold harmless WSTS from and against any claims or damages which may result from your breach of this Agreement.
  8. Notice and Cure. If you notify WSTS of any alleged breach by WSTS of this Agreement, WSTS shall have thirty (30) days to cure such alleged breach. WSTS may, at its option, provide you with a refund, after which the respective licensee shall terminate, all of your rights to use the Font Software shall cease, and WSTS shall have no further obligation with respect to this Agreement or any alleged breach hereof.
  9. Governing Law. This Agreement shall be governed by the laws of the United States and the State of Texas, without reference to conflict of laws principles. All disputes arising from or related to this Agreement shall be subject to the exclusive jurisdiction of and venue in the state and federal courts located in Austin, Texas.