Font Software License Agreement for embedding font software within Mobile Applications.
1. Notice to user. You (End User) have not purchased the ownership rights to this font, but rather a license to use this font on a limited basis. By downloading and/or installing and/or embedding the licensed font software ("font”) from P22 or font distributed exclusively by P22 such as and not limited to the Hamilton Wood Type Foundry, International House of Fonts, Lanston Type Company, or other in any mobile application software (“APP”), You ("End User ") agree to be bound by the terms and conditions of this end user license agreement ("EULA"). This EULA, in conjunction with the receipt (“Receipt”) that accompanies each purchase from P22, constitutes the complete agreement (“Agreement”) between the End User and P22. Please note that this license is implicitly intended for App usage. Additional licenses such as and including: desktop use, multi-user licensing, webfonts, eBooks, games, software for MAC/PC, and other commercial and embedding uses not provided by this agreement, can be found at http://www.p22.com. If you do not wish to be bound by the Agreement, you cannot access, use or download the Font Software. Please read this entire licensing document before agreeing.
2. Grant Of License and Restrictions. Upon payment in full, P22 grants you a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license, to embed the P22 distributed font software within mobile application software, subject to all of the following:
-The font software licensed for App use is licensed for one device in the development of the App software. The purchase of the appropriate multi-device, desktop software license is required to accommodate the installation of this font software on more than one device.
-The use of the P22 font software within the following formats is permitted and limited to the following platforms: iOS, Android, Windows RT & Windows Phone. Use of the font software within a non-mobile format such as MAC, PC, or console gaming platforms (i.e. PS3, PSP, Wii and Xbox) is not permitted by this license extension.
- This font software is licensed for a single App, for use on one platform for the life of the App. Separate licensing is required for the use of the software on 2 or more platforms or 2 or more App titles, including sequels.
- End User agrees that the font software will be embedded within a secure manner within the App and that the font data cannot be fully or partially extracted, altered or modified by any users and does not allow the end users to access the font software outside of the application.
- End User agrees the font will only be used for the purpose of rendering non-editable content within the APP. Users of the APP will have no right to use the font software to create, generate or output new documents such as PDFs, word processing documents, advertisements, static or scalable images, labeled photos, or edit, enhance and/or modify any documents for any personal or commercial purposes. Use of the font software within any server or web-based application is not permitted by this license extension.
-Font may not be embedded in application software considered a plugin, template, skin or theme.
-Font may not be redistributed with the App's source code.
-End User agrees that the Font Software may only be embedded in an Application where the Font Software does not constitute the primary design element, primary value or functionality of the Application. At P22’s discretion, additional commercial fees may apply if the font is used as the primary design/function element.
3. Transfer of License. End User may temporarily provide the Font to a technology partner, graphic designer, developer or other agent who is working on behalf of the Licensee provided the 3rd party agrees to use the Font exclusively for Licensee’s work and specifically for the development of the APP, and such 3rd party agrees to the terms of this Agreement, and agrees that no copies of the Font shall be retained upon completion of the work. The transfer of the font software otherwise to a third party is not permitted without additional consent and licensing through P22.
4. Font Modification. Licensee may not modify the font or make derivate works based on the font without the written consent of P22.
5. Distribution. This font software may only be distributed by P22 and authorized distributors. It is unlawful to distribute the font software an/or make the font software publically available via and not limited to the internet, download, LAN/WAN network, email or physical media.
End User must maintain a record of purchase. If you have purchased your font(s) directly from P22, you have been automatically registered. If you ordered your font from an authorized P22 reseller, please keep a record of the time and place of the purchase.
6. Back-up. One copy of the font software may be made for back-up and archival purposes only. The End User is responsible for the back-up copy.
7. Copyright/Ownership. This software and accompanying documentation are copyrighted and contain intellectual property information owned by P22 and protected by the Digital Millennium Copyright Act (DMCA), 17 USC § 512. You may not make or distribute copies of this software or accompanying documentation without the express written consent of P22.
8. Design Credit. You agree to credit P22 type foundry, Inc. as the trademark and copyright owner and creator of the P22 Fonts, in the following manner: ©(year) (Font Name), All Rights Reserved P22 type foundry, Inc. http://www.p22.com, wherever and whenever design production or any other credits are shown.
9. Disclaimer and Limited Warranty. P22 warrants that the font software is free of errors and will be replaced within 90 days of purchase in the event of defective media. If failure of the font software results from accident, abuse, or neglect, P22 assumes no responsibility to replace the software.
THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AND P22 SPECIFICALLY DISCLAIMS THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. IN ADDITION, P22 DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR THE WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS A RESULT OF THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER.
10. Construction. This agreement is governed by and constructed in accordance with the laws of the State of New York. All disputes between P22 and the end user, whether or not arising hereunder, shall be conducted within the courts and jurisdiction of the Eastern District Court, New York.
11. Termination. P22 reserves the right to terminate this agreement immediately if you (the end user) fail to comply with the terms set forth in this agreement. Upon termination, you must delete the font software, including back-up software from all devices, including and mobile application software. In the event the EULA terminates for any reason, the license extension contained herein will terminate without any further action on the part of either party.
©2013 P22 type foundry, Inc., all rights reserved.
For further information: http://www.p22.com
V. 12.11.13
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