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| 1 | +FontStruct Non-Commercial Software End User License Agreement 1.0 |
| 2 | + |
| 3 | +This software end user license agreement (hereinafter “Agreement”) is made |
| 4 | +between you or, if you represent a legal entity, that legal entity (hereinafter |
| 5 | +“You”) and “IPdotSetAF”, the copyright holder and designer (hereinafter |
| 6 | +“Font Designer”) of the font software named “NeoMatrix” (hereinafter |
| 7 | +“Font Software”). |
| 8 | + |
| 9 | +1. BINDING AGREEMENT |
| 10 | +This Agreement is a binding agreement between You and the Font Designer and |
| 11 | +shall set forth the terms and conditions under which You can use the Font |
| 12 | +Software. For the purposes of this Agreement, Font Software shall mean the Font |
| 13 | +Software, and any parts or copies of it. |
| 14 | + |
| 15 | +2. GRANT OF NON-EXCLUSIVE AND LICENCE |
| 16 | +The Font Designer hereby grants You a non-exclusive, non-transferable licence to |
| 17 | +use the Font Software provided that You comply with all terms and conditions of |
| 18 | +this Agreement. |
| 19 | + |
| 20 | +2.1 PERSONAL USE |
| 21 | +You may use the Fonts Software only for Your own Personal Purposes and for Your |
| 22 | +Work. For the purposes of this Agreement, “Personal Purposes” shall mean any |
| 23 | +private use of the Font Software by you. “Work” shall mean any work or |
| 24 | +result created by You or on Your behalf with the Font Software. For the |
| 25 | +avoidance of doubt, the use for Personal Purposes does not allow any use of the |
| 26 | +Font Software and/or any Work for commercial purposes (see Section 2.2) and/or |
| 27 | +as a web-font (see Section 2.6). |
| 28 | + |
| 29 | +2.2 NO COMMERCIAL USE |
| 30 | +Neither the Font Software, nor any of its individual components or any Work, may |
| 31 | +be used by You for any form of profit-making or otherwise commercial projects, |
| 32 | +without express prior written permission from the Font Designer. |
| 33 | + |
| 34 | +2.3 NO SALE OR DISTRIBUTION |
| 35 | +You may not sell, rent, license, sublicense, distribute, redistribute, give-away |
| 36 | +or make available (in any other way) the Font Software alone or as part of any |
| 37 | +collection, product or service to any third party. |
| 38 | + |
| 39 | +2.4 NO MODIFICATION |
| 40 | +You may not modify, adapt, rename, translate, reverse engineer, decompile, |
| 41 | +disassemble, alter, or attempt to discover the source code of the Font Software. |
| 42 | + |
| 43 | +2.5 EMBEDDING |
| 44 | +You may embed the Font Software in documents, applications or devices either as |
| 45 | +a rasterized representation of the Font Software (e.g., a GIF or JPEG) or as a |
| 46 | +subset of the Font Software as long as the document, application or device is |
| 47 | +distributed in a secure format that permits only the viewing and printing but |
| 48 | +not the editing of the text. |
| 49 | + |
| 50 | +2.6 NO USE AS A WEBFONT |
| 51 | +You may not make the Font Software accessible on a web server in order to enable |
| 52 | +a web browser to render the content of Websites using the respective Font |
| 53 | +Software. |
| 54 | + |
| 55 | +2.7 BACKUP |
| 56 | +You may make backup copies of the Font Software for archival purposes only, |
| 57 | +provided that You retain exclusive custody and control over such copies. Any |
| 58 | +backup copy of the Font Software must contain the same copyright, trademark, and |
| 59 | +other proprietary information as the original. |
| 60 | + |
| 61 | +2.8 PRINT SHOPS AND SERVICE BUREAUS |
| 62 | +You may provide a copy of the Font Software used in Your Work to a print shop, |
| 63 | +service bureau, etc. for printing or otherwise outputting Your Work. Afterwards, |
| 64 | +the print shop, service bureau, etc. must destroy and/or delete all copies of |
| 65 | +the Font Software. |
| 66 | + |
| 67 | +3. ATTRIBUTION |
| 68 | +If You make Your Work publicly accessible in any form, You must keep intact all |
| 69 | +copyright notices for the Font Software and display, reasonable to the medium or |
| 70 | +means You are utilizing for Your Work, an attribution notice (hereinafter “The |
| 71 | +Attribution Notice”) comprising of: |
| 72 | + |
| 73 | +the name of the Font Designer or pseudonym, if applicable (“IPdotSetAF”); |
| 74 | +the title of the Font Software (“NeoMatrix”); and |
| 75 | +to the extent reasonably practicable, the URI |
| 76 | +(https://fontstruct.com/fontstructions/show/2458275) from where the Font was |
| 77 | +originally downloaded. |
| 78 | + |
| 79 | +The Attribution Notice may be implemented in any reasonable manner. For the |
| 80 | +avoidance of doubt, You may only use the credit required by this Section for the |
| 81 | +purpose of attribution in the manner set out above and, by exercising Your |
| 82 | +rights under this License, You may not implicitly or explicitly assert or imply |
| 83 | +any connection with, sponsorship or endorsement by the Font Designer of You or |
| 84 | +Your Work. |
| 85 | + |
| 86 | +4. YOUR REPRESENTATIONS AND INDEMNIFICATIONS |
| 87 | +You represent, warrant, and covenant that You shall use the Font Software only |
| 88 | +in accordance with the terms of this Agreement and keep the Font Designer fully |
| 89 | +indemnified against all actions, claims, costs, proceedings and damages |
| 90 | +whatsoever incurred by any breach of any of the aforesaid representations, |
| 91 | +warranties of this Agreement. |
| 92 | + |
| 93 | +5. OWNERSHIP AND RIGHTS TO THE FONT SOFTWARE |
| 94 | +The Font Designer reserves all rights not expressly granted to You in this |
| 95 | +Agreement (hereinafter “Reserved Rights”). The Font Software is protected by |
| 96 | +copyright and other intellectual property laws and treaties. You acknowledge |
| 97 | +that the Font Designer shall be the sole owner of the Font Software, of the |
| 98 | +copyright and all Reserved Rights of whatever kind and nature in the Font |
| 99 | +Software. |
| 100 | + |
| 101 | +6. WARRANTY |
| 102 | +The Font Software is made available “as is” WITHOUT WARRANTY OF ANY KIND, |
| 103 | +EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF |
| 104 | +MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF |
| 105 | +COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT.THE FONT DESIGNER DOES NOT AND |
| 106 | +CANNOT GUARANTEE THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT |
| 107 | +SOFTWARE. |
| 108 | +THE FONT DESIGNER SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, |
| 109 | +INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, OR |
| 110 | +FOR ANY CLAIM BY ANY THIRD PARTY, ARISING OUT OF THE USE OR INABILITY TO USE THE |
| 111 | +FONT SOFTWARE. |
| 112 | + |
| 113 | +7. TERMINATION / CONDITION PRECEDENT |
| 114 | +You may use the Font Software only as set forth in this Agreement. Any use of |
| 115 | +the Font Software that is not expressly allowed in this Agreement will |
| 116 | +automatically terminate Your rights to use the Font Software under this |
| 117 | +Agreement. If Your right to use the Font Software is terminated You shall |
| 118 | +immediately stop using the Font Software, call back or change any Work that is |
| 119 | +used in the public, and delete/destroy any copies of the Font Software. The |
| 120 | +termination of the Agreement shall not affect the right of the Font Designer to |
| 121 | +claim damages or other rights. |
| 122 | + |
| 123 | +8. WAIVER |
| 124 | +A waiver by either Party of any term or condition of this Agreement shall not be |
| 125 | +deemed or construed to be a waiver of such term or condition for the future or |
| 126 | +any subsequent breach thereof. All remedies, rights, undertakings, obligations |
| 127 | +and agreements contained in this Agreement shall be cumulative and none of them |
| 128 | +shall be in limitation of any other remedy, right, undertaking, obligation or |
| 129 | +agreement of either Party. |
| 130 | + |
| 131 | +9. GOVERNING LAW, PLACE OF JURISDICTION |
| 132 | +This Agreement shall be construed and shall take effect in accordance with the |
| 133 | +laws of the Federal Republic of Germany excluding the United Nations Convention |
| 134 | +on Contracts for the International Sales of Goods (CISG). To the extent |
| 135 | +permitted by law, the Courts of Berlin, Germany shall have exclusive |
| 136 | +jurisdiction to resolve any dispute which may arise. |
| 137 | + |
| 138 | +10. ENTIRE AGREEMENT |
| 139 | +This Agreement contains the entire agreement between the Parties. No variation |
| 140 | +of any of the terms or conditions of this Agreement may be made unless such |
| 141 | +variation is agreed in writing and signed by You and the Font Designer. |
| 142 | + |
| 143 | +11. SEVERABILITY |
| 144 | +If any provision of this Agreement is adjudged by a court to be invalid or |
| 145 | +unenforceable, such provision shall in no way affect any other provision of this |
| 146 | +Agreement, the application of such provision in any other circumstance or the |
| 147 | +validity or enforceability of this Agreement. The Parties will negotiate in |
| 148 | +good faith about a provision that will replace the invalid or unenforceable |
| 149 | +provision. |
| 150 | + |
| 151 | +FontStruct Notice: FontStruct no Party to this Agreement |
| 152 | + |
| 153 | +Please note that FontStruct (www.fontstruct.com) is not a party to this |
| 154 | +Agreement between You and the Font Designer. |
| 155 | + |
| 156 | +FontStruct makes no warranty of any kind in connection with the Font Software, |
| 157 | +its use or the results that You may obtain by using the Font Software. |
| 158 | + |
| 159 | +FontStruct shall in no event be liable to You or any third party for any damages |
| 160 | +whatsoever arising out of or relating to this Agreement or the use of the Font |
| 161 | +Software, including but not limited to incidental, special damages, any lost |
| 162 | +profits or lost savings or any claim made by a third party. |
| 163 | + |
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