Positype Font Software End User License Agreement (EULA)
This End User License Agreement (the "Agreement") becomes a binding contract between you and Positype when you install the font for use on any Workstation. If you do not wish to be bound by the Agreement, you cannot access, use or download the Font Software. Please read all of the Agreement before you agree to be bound by its terms and conditions.

Article 1: Definitions

1. Publisher
"Publisher" as used herein shall mean collectively Positype, its successors and assigns, its parent and affiliated corporations, its authorized distributors, and any third party which has licensed to Publisher any or all of the components of the Font Software supplied to you pursuant to the Agreement.


2. Font Software
"Font Software" as used herein shall mean software which, when used on an appropriate device or devices, renders typographic or ornamental graphic elements in physical or binary form. Font Software includes upgrades, updates, related files, permitted modifications, permitted copies, and related documentation.


3. Glyph
"Glyph" as used herein shall mean any typographic or ornamental graphic element rendered in physical or binary form by the Font Software.


4. Use
"Use" of the Font Software shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software, regardless of the location in which the Font Software resides.


5. Workstation
"Workstation" as used herein shall mean any component by which an individual is able to make Use of the Font Software.


6. Derivative Work
"Derivative Work" shall mean Font Software generated by way of the Use or other access of the binary data contained in the hereto licensed Font Software.


7. Personal Or Internal Business Use
"Personal or Internal Business Use" shall mean Use of the Font Software for your domestic, informational, official, and/or non-commercial purposes and shall not mean any distribution whatsoever of the Font Software or any component or Derivative Work thereof to any party other than those expressly permitted by the terms of the Agreement. "Personal or Internal Business Use" shall not include any Use of the Font Software by persons that are not members of your immediate household, your authorized employees, or your authorized agents. All such household members, employees, and agents shall be notified by you as to the terms and conditions of the Agreement and shall agree to be bound by it before they make Use of the Font Software.


8. Basic User License
"Basic User License" as used herein allows the Use of the Font Software on up to five (5) Workstations. A "License Extension" must be obtained from Publisher for the Use of the Font Software on each additional Workstation not covered by the Basic User License.


9. Licensed Unit
"Licensed Unit" as used herein shall mean the quantity of Workstations covered by the Basic User License plus any additional License Extension as applicable per your order.


10. Digital Commercial Product
"Digital Commercial Product" as used herein shall mean an electronic document or data file which is offered for distribution to third parties in exchange for a separate fee or other consideration. By way of illustration and not by way of limitation, an electronic book (e-book), or interactive software (video game or any other computer application) distributed for a fee shall be considered a Commercial Product.


11. Physical Commercial Product
"Physical Commercial Product" as used herein shall mean any tangible object which is offered for distribution to third parties in exchange for a separate fee or other consideration. By way of illustration and not by way of limitation, a T-shirt, poster, coffee mug, or rubberstamp shall be considered a Physical Commercial Product.


12. Branding System
"Branding System" as used herein shall mean any part of a graphic campaign or styleguide which involves the design and/or repetition of a logo, insignia, emblem, trademark, nameplate, logotype, typeface, symbol, standardized graphic arrangement or layout intended to signify or identify an agency or entity.


13. Commercial License
"Commercial License" as used herein allows the Use of the Font Software for purposes related to the development or production of any Branding System, Digital Commercial Product, or Physical Commercial Product.

Article 2: Usage

1. License
You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to access the Font Software (i) only in a Licensed Unit, (ii) only for your Personal or Internal Business Use, and (iii) only subject to all of the terms and conditions of the Agreement. You have no rights to the Font Software other than as expressly set forth in the Agreement. You agree that Publisher owns all right, title and interest in and to the Font Software, its structure, organization, code, and related files, including all property rights therein such as copyright, design and trademarks rights. You agree that the Font Software, its structure, organization, code, and related files are valuable property of Publisher and that any intentional Use of the Font Software not expressly permitted by the Agreement constitutes a theft of valuable property. All rights not expressly granted in the Agreement are expressly reserved to Publisher.


2. Commercial Printers
You may provide a digitized copy of the Font Software used for a particular document to a commercial printer or service bureau for use in printing such document.


3. Font Embedding
You may embed the Font Software in a secure electronic document for Previewing and Printing use only. The Font Software may NOT be used to create or distribute any electronic document in which the Font Software, or any part thereof, is embedded in a format that permits editing, alterations, enhancements, or modifications by the recipient of such document without obtaining a License Extension from Publisher authorizing you to do so.


4. Distribution Of A Digital Commercial Product
You may not redistribute the Font Software as part of any Digital Commercial Product without obtaining a License Extension from Publisher authorizing you to do so.


5. Distribution Of A Physical Commercial Product
You may not incorporate any Glyph(s) in the production of a Physical Commercial Product without obtaining a Commercial License from Publisher authorizing you to do so.


6. Use In Branding Systems
You may not incorporate any Glyph(s) or Font Software in the production of a Branding System without obtaining a Commercial License from Publisher authorizing you to do so.


7. Creating Derivative Work
You may adapt, modify, alter, or otherwise change the Font Software for Personal or Internal Use only where such Use is in accordance with the terms of the Agreement. All Derivative Works are subject to the terms of this Agreement. You may not adapt, modify, alter, or otherwise change the Font Software, or create Derivative Works from the Font Software or any portion thereof in exchange for a separate fee or other consideration without Publisher's consent.


8. Copyright Acknowledgement
You acknowledge that the Font Software is protected by the copyright and other intellectual property law of the United States and its various States, by the copyright and design laws of other nations, and by international treaties. You may not copy the Font Software, except as expressly provided herein. Any copies that you are expressly permitted to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Font Software.


9. Trademark Use and Acknowledgement
You agree to use trademarks associated with the Font Software according to accepted trademark practice, including identification of the trademark owner's name. Trademarks can only be used to identify printed output produced by the Font Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit of Publisher. You may not change any trademark or trade name designation for the Font Software.


10. Transfer Of License
You may not rent, lease, sublicense, give, lend, or further distribute the Font Software, or any copy thereof, except as expressly provided herein. You may transfer all your rights to use the Font Software to another person or legal entity provided that (i) the transferee accepts and agrees to be bound by all the terms and conditions of the Agreement, and (ii) you destroy all copies of the Font Software, including all copies stored in the memory of a hardware device.


11. Archival Copies
You may make back-up copies of the Font Software for archival purposes only, and you shall retain exclusive custody and control over such copies. Upon termination of the Agreement, you must destroy the original and any and all copies of the Font Software.


12. Trademark Use and Acknowledgement
Publisher warrants to you that the Font Software will perform substantially in accordance with its documentation on Workstations that are suitably equipped for Use of the Font Software. No warranty is made with regard to third-party software or hardware that is not specified for Use of the Font Software. Any refund of any fee paid for the licensing of the Font Software will be made at Publisher's discretion. The settlement of any warranty claim will be limited to the refund of the license fee paid to Publisher for Use of the Font Software. To make a warranty claim, you must, within a thirty (30) day warranty period, contact the Publisher to verify the occurrence of the transaction and the basis of the warranty claim. PUBLISHER DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR PUBLISHER'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, PUBLISHER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL PUBLISHER BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so that such limitations may not apply to you. In those jurisdictions, you agree that Publisher's liability for such physical injury or death shall not exceed One Dollar (U.S. $1), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction.


13. Governing Jurisdictions
The Agreement will be governed by the laws of Georgia applicable to contracts wholly entered and performable within such state. All disputes related to the Agreement shall be heard in the Circuit Court of Clarke County, Georgia, U.S.A. or the United States District Court for the Northern District of Georgia, Atlanta, Georgia, U.S.A. Both you and Publisher agree to the personal jurisdiction and venue of these courts in any action related to the Agreement. The Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.


14. Termination Of Agreement
The Agreement shall automatically terminate upon failure by you or any of your authorized agents to comply with its terms. The termination of the Agreement shall not preclude Publisher from suing you for damages of any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Publisher.


15. Rights Reserved
You have the rights expressly set forth in the Agreement and no other. All rights in and to the Font Software, including unpublished rights, are reserved under the copyright laws of the United States and other jurisdictions. All rights reserved. Notwithstanding the foregoing, to the extent that any law, statute, treaty, or governmental regulation shall be deemed by a court of competent jurisdiction to provide you with any additional or different rights from those provided herein and such rights shall be deemed non-waiveable as a matter of law and to supersede the rights specifically provided herein, then such law, statute, treaty, or governmental regulation shall be deemed to be made a part of the Agreement. To the extent that any such rights created by any law, statute, treaty or governmental regulation are waiveable, you agree that your acceptance of the Agreement shall constitute an effective and irrevocable waiver of such rights. The Agreement may be enforced by Publisher or by an authorized agent acting on behalf of Publisher.

Positype Webfont Software End User License Agreement (WEULA)
This Webfont End User License Agreement ('Agreement') is a legal contract between you and the Positype ('Positype'). When you purchase a license to use the Positype font software ( 'Font' or 'Font Software' or 'Webfonts'), you are purchasing the right to use that font under the terms and conditions identified in this License. You do not own this font software. If you do not wish to be bound by the Agreement, you cannot access, use or download the Webfonts. Please read all of the Agreement before you agree to be bound by its terms and conditions.

Once You Download, You Accept The Terms Of The Agreement
Once you download and/or use the Positype Webfonts, you are confirming you understand and agree to the terms of this Agreement, and that you have the authority to bind the person or entity specified on your sales receipt to the terms of this Agreement. Upon payment in full, Positype grants to you a non-exclusive, non-transferable, revocable license to use the specified Positype Webfont(s) under the following terms and conditions.

Article 1: Definitions

1. Webfont
'Webfont' is defined as type face font software that has been created, optimized, translated or otherwise modified for use by means of transmitting via the Internet for use in the viewing of text on a website. By way of explanation, not limitation, such uses can be implemented by means of the CSS @font-face rule. Other technology or software implementations used to effect similar results may apply and such uses or methods shall be executed by this Agreement.


2. Domain
The 'Primary Domain', 'Subdomain', 'Domain'. A Primary Domain is the host name of a website's home page (for example only but not limited to: website.com; website.net, website.co.jp, user.website.com, website.com/user/, etc.). A Subdomain is a subdivision of the Primary Domain (for example only but not limited to: user.website.com, blog.website.com, etc.). Primary Domains together with their associated Subdomains are referred to collectively and defined as 'Domains'.


3. You
'You', 'Your' and the 'End User' are defined as and pertain to a customer who has purchased a license to use the Webfonts and is responsible for creating, placing and/or managing the content on the licensed Domains. An End User is not defined as a distributor, reseller, dealer, sub-licensee, original equipment manufacturer ('OEM'), server administrator or other wholesale buyer, etc. If you are a designer, part of a creative agency, or otherwise acting in a similar capacity for the benefit of a third party and you will not be in control of the Webfont's hosting environment and the content on the licensed Domains, the purchase of a Webfont license for your client or the end user is required. Positype products may NOT be distributed, transferred and/or sold to third parties without prior written consent from Positype.

Article 2: Usage and Restrictions

1. Implementation
The Webfonts are provided to You for use via the CSS @font-face rule. You agree not to use the Webfonts by any other means and/or methods of storage, transmission or viewing and that You will use the Webfont files, in the format provided to You by Positype. Use of the Webfonts in alternative formats not provided by Positype is expressly prohibited.
2. Allowed Domains
The Positype Webfont license is provided as a 'Single Domain' license which permits the Webfonts to be served for the benefit of one (1) Primary Domain and five (5) Subdomains. If you require a license for usage on more than one (1) Primary Domain, please contact Positype for a simple license extension. Use of the Webfonts on more than the licensed Domains requires a license extension for which an additional fee will be charged. For the purposes of clarity, this License does not permit the Webfonts to be used in such a way as to serve the Webfonts to unlicensed domains. Regardless of whether the Webfonts are hosted on licensed Domains, the Webfonts may NOT be served for the benefit of unlicensed Domains.
3. Webfonts File Protection
You agree to take reasonable measures to ensure the Webfonts are available only for the process of styling text for display on Your licensed Domains. At a minimum, and by way of example and not limitation, reasonable measures include: A.) preventing unlicensed third-party access, i.e. hotlinking and B.) disallowing direct download of the Webfonts unrelated to the process of styling text for licensed Domains.
4. Third Party Hosts
At Your option, the Webfonts may be hosted and served by a Positype-approved third party. Under such circumstances you expressly agree the terms and conditions of this License shall govern all uses of the Webfonts irrespective of any competing or contrary terms set forth by any third party hosting the Webfonts. A list of Positype-approved hosts can be obtained by contacting Positype directly.
5. Back-up Copies
You may make a reasonable number of copies of the Webfonts for back-up purposes only. Any copies must contain the same documentation, copyright, trademark, and other proprietary notices that appear on, in or with the Webfonts.
6. No Modifications, No Embedding
Under no circumstances are You permitted to copy, reverse engineer, modify, adapt, manipulate, translate, decompile, disassemble, alter or attempt to discover the source code of the Webfonts or the designs embodied therein. Altering and/or renaming the file name of the Webfont is NOT permitted in any case. The embedding of Positype Webfonts or the designs of the fonts thereof in other software, digital documents, applications or devices or in any other form whatsoever is prohibited.
7. Web Only Usage
This license does not cover the use of Positype Webfonts on a desktop, laptop, or workstation computer or for any use other than as expressly permitted herein. If You wish to use the Webfonts in a manner not permitted by this license, You must secure a separate license and/or a license extension by contacting Positype directly.

Article 3: Rights, Limitations and Termination

1. Rights
You expressly acknowledge that the Webfonts, the designs embodied therein, the trade names and/or trademarks and copyrights associated therewith are each the exclusive property of Positype. All rights not expressly granted under this License are reserved to Positype Type Foundry.
2. Exclusivity
You agree that the Webfonts and the design of the Fonts embodied therein are the exclusive property of Positype and the Webfonts' structure, organization and code are the valuable trade secrets of Positype. You acknowledge that the Webfonts are, among other means, protected under United States trademark and/or copyright law, by the trademark and/or copyright and design laws of other nations, and by international treaties. You are not permitted to regenerate or translate the Webfonts into other formats and the creation of any derivative works based upon the Webfonts or the designs embodied therein are expressly prohibited.
3. Warranties and Limitations
Positype represents and warrants that the Webfonts will perform substantially in accordance with the representations made herein. To make a warranty claim, You must notify the source from which You obtained the Webfonts together with a copy of Your sales receipt. If the Webfonts do not perform substantially in accordance with the representations, the entire and exclusive liability and remedy shall be limited to the replacement of the Webfonts or the refund of the license fee You paid for the Webfonts, either as an authorized officer of Positype may elect. Positype and its suppliers do not and cannot warrant the performance or results You may obtain by using the Webfonts.

PROCESS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS DOES NOT WARRANT THAT THE OPERATION OF THE WEBFONTS WILL BE UNIMPEDED, UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBFONTS ARE WITHOUT DEFECTS. WITHOUT LIMITING THE FOREGOING UNDER NO CIRCUMSTANCES SHALL PROCESS 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 WEBFONTS EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY.

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 Webfonts, You acknowledge that You have read, understood, and agreed to be bound by the terms and conditions of this License Agreement.
4. Termination
Any breach of the terms of this License shall be cause for immediate termination without the obligation of notice or opportunity to cure. Positype shall be entitled to seek any all remedies under law or equity, without limitation, including injunctive relief without the obligation of posting security or bond. You agree to immediately discontinue using or return or the Webfont Software to Positype and certify that no copy remains in Your possession or control.
5. Choice of Law
You expressly agree that this Agreement shall be governed by the laws of the State of Georgia, USA, as they apply to contracts wholly performed therein and without respect to its conflict of laws provisions or the conflict of laws provisions of any other jurisdiction. You expressly submit to the jurisdiction of the state and federal courts in the forum selected by Positype for the purposes of resolving any dispute arising under this Agreement and You expressly waive all defenses arising out of the selection of the jurisdiction and forum elected by Positype for the resolution of any dispute and agree to service of process by mail. You hereby expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement may only be modified in writing, signed by an authorized officer of Positype.
6. No Other Agreements
This Agreement represents the complete and exclusive statement of the agreement between You and Positype and it supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this Agreement. No variation of the terms of this Agreement or any different terms will be enforceable against Positype in the absence of an express written amendment or consent, including a written express waiver of the affected terms of this Agreement. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by Positype with a provision that effects the intent of the invalid provision.
7. Miscellaneous
This License may be amended by the written agreement of the parties. Positype expressly reserves the right to amend or modify future versions of this License Agreement at any time and without prior notifications.