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The terms and conditions below establish an agreement between you and OH no Type Company (“OH no”) that governs the use of the mobile application font software (“Font Software” or “Font”) ordered by you. You agree to the terms of this End User License Agreement (“EULA”, “Agreement”, or “License”) if you download, install, copy, and/or use the Font Software provided by OH no.
1. Grant of License
This non-exclusive, revocable, and terminable License grants you limited rights to use the Font Software for use in Applications using the iOS, Windows Mobile, and Android mobile operating system formats, among others (“App” or “Apps”). If you wish to use and/or install the Font Software on your desktop or personal computer or on a server for use and access by a desktop or personal computing device, you must purchase a separate license. The Font Software may not be used in server-based PDF generation, embedded in electronic devices, on merchandise, or any non-App use. The Font Software may be used for web-accessible forms if a webfont license is also purchased.
2. App Use Only
Downloading the Font Software for use on a desktop, laptop, or workstation is controlled and only permitted under a different license which must be purchased separately. The use of the Font Software for any uses not expressly permitted herein is prohibited. If you wish to use the Fonts in a manner not permitted by this License, you must secure a separate License and/or a license extension by contacting OH no at firstname.lastname@example.org.
The Font Software will be transmitted for your use in Apps using the iOS, Windows Mobile, and Android mobile operating system formats. OH no reserves the right to include or omit additional formats at its discretion in the future. Converting the Font Software to other formats is prohibited.
4. File Protection
You agree to use reasonable efforts to prevent the creation of and/or distribution of forms or other files that transmit or otherwise provide a copy of the Font Software to any third party. If such use is required, an additional license must be purchased. In addition, you agree to use reasonable measures to prevent the access to the Font Software in the App by unlicensed parties.
5. Two Back-Ups
You are permitted to make two (2) back-up copies of the Font Software for archival purposes only. The back-up copies must contain all the data contained in the original Font Software. Any back-up copies must prominently display all copyright and trademark notices present on the original Font Software. If your license permits use in multiple locations or with corporate or enterprise uses, you are permitted to make a reasonable number of backups as may be reasonably necessary. The unauthorized sharing, lending, renting, sale, or other unauthorized use or misuse of the Font Software and/or the back-up copy or copies is a material breach of this Agreement and will result in the termination of this License.
6. No Modification or Customization
You agree not to decompile, reverse engineer, modify, or change the embedding bits, disassemble, modify, rent, lease, loan, network, and sub-license or distribute in whole or in part, the Font Software. You agree not to create derivative works of the Font Software and/or the design of the typeface created by the Font Software.
If you are a design consultancy/agency, an advertising agency, or are purchasing this License for use by or on behalf of such an entity, the ultimate end user must also purchase a license appropriate for the intended use and users of the Font Software. The License granted herein does not extend to uses by temporary employees, freelancers, or independent contractors using the Font Software in professional environments or for other professional uses. Specifically, you may not make copies or serve the Fonts in a number greater than those authorized under this License.
8. Exclusive Ownership
The Font Software and design of the fonts created by the software are protected under copyright and other intellectual property law. OH no, its licensors, and their successors and assigns each retain all right and title to their respective software, trademarks, copyrights, and the designs embodied in the Font Software. You hereby agree that the unauthorized use of the design of the Fonts and/or the Font Software shall be an infringement of OH no’s rights, causing significant monetary harm. You further agree that these terms are contractual in nature and that such damages cannot be readily estimated, and OH no shall be entitled, without the obligation of a bond, to seek injunctive relief, among other remedies.
In the event you identify the Fonts used in your App, you hereby agree to identify the Font Software by name (trademark) and the owner of the trademark (James T. Edmondson d/b/a OH no Type Company) in any such credits. No ownership right is granted by this Agreement. OH no reserves all rights not expressly granted herein.
10. No Transfer or Assignment
The transfer or assignment of this License or any right granted under this Agreement by you is not permitted. In the event you become insolvent, make a general assignment for the benefit of creditors, seek the protection of bankruptcy law, or if bankruptcy proceedings are instituted against you this License shall immediately terminate.
11. Revocation of Warranties
You agree that you are using the Font Software for App uses only and you expressly acknowledge and agree that use of the Font Software is at your sole risk. The Font Software and related documentation is provided “AS IS” and without warranty of any kind and OH no EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL LICENSOR BE LIABLE TO LICENSEE OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. Some jurisdictions do not permit the revocation of warranties. If applicable, OH no hereby disclaims all warranties to the extent permitted by the laws of your jurisdiction.
OH no will, at its sole discretion, either replace the Font Software or refund the licensing fee in the event the Font Software does not perform substantially in accordance with the documentation provided that any such claim is submitted within thirty (30) days of purchase of this License. To submit a claim, you must return the Font Software to OH no or place of purchase together with a copy of your sales receipt. You expressly acknowledge and agree that use of the Font Software is at your sole risk. The Font Software and related documentation are provided “AS IS” and, except as noted herein, is without warranty of any kind and OH no and its owners or affiliated companies (together, “OH no”) hereby EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OH NO DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE FAIL-SAFE OPERATION IS REQUIRED. THE FONT SOFTWARE MAY NOT BE USED IN MANUFACTURING, NAVIGATION, AND PROCESS CONTROL EQUIPMENT OR IN ANY OTHER CIRCUMSTANCES WHERE THE USE OR FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. UNDER NO CIRCUMSTANCES SHALL OH NO 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, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. OH no’s liability to you shall in no event exceed the refunding of the cost of the licensing fee or replacement of the Font Software, either at OH no’s sole discretion.
13. Other Law
Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, and implied warranties. ANY IMPLIED WARRANTY OR CONDITION CREATED BY LAW IS ONLY EFFECTIVE FOR THE THIRTY-DAY (30-DAY) WARRANTY PERIOD. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE THIRTY-DAY (30-DAY) WARRANTY PERIOD. The exclusions noted above may not apply to you. Otherwise, and to the extent permissible by law, you agree that all implied warranties are not effective for more than thirty (30) days.
This Agreement is effective upon the download, installation, or use of the Font Software. This Agreement may be terminated by you at any time by destroying the Font Software together with any printed material and any copies of the Font Software. This Agreement may be terminated without notice if you breach and/or fail to comply with any term contained herein.
15. Governing Law
You expressly agree that this Agreement shall be governed, enforced, and construed in accordance with the laws of the State of New York as they apply to contracts entered into and wholly performed therein, without regard to the conflict of law provisions of New York, USA or the conflict of law provisions of any other jurisdiction, including without limitation, the United Nations convention on Contracts for the International Sale of Goods. You further expressly consent to the personal jurisdiction of the Federal Courts located in the Eastern or Southern District of New York for any action or proceeding arising out of or related to this Agreement and you hereby waive any defenses arising out of the choice of law or forum identified herein and expressly consent to service of process by Certified Mail, return receipt requested. OH no expressly reserves any and all rights to seek equitable relief including, but not limited to, temporary restraining orders and injunctive relief, without the obligation of bond together with any other remedies available to OH no.
16. Compliance with Laws and Export Restrictions
You agree to be responsible for your own compliance with all laws, foreign and domestic, including, but not limited to, all United States laws and regulations relating to the control of exports or the transfer of technology.
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 with a valid and enforceable provision that most closely effects the intent of the invalid provision.
18. Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all previous agreements, promises, representations, and negotiations between the parties concerning the Font Software.
No waiver by either party, whether express or implied, of any provision of this Agreement shall constitute a continuing waiver of such provision or a waiver of any other provision of this Agreement. No waiver by either party, whether express or implied, of any breach or default by the other party, shall constitute a waiver of any other breach or default of the same or any other provision of this Agreement.
The numbering and captions of the various sections of this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the terms or provisions of this Agreement.