Grant of License
This License is directed to use of the Font Software for use in Applications using the iOS, Windows Mobile, and Android mobile operating system formats, among others (“Apps”). This non-exclusive, revocable license grants you limited rights to use the Font Software to style live text only in Apps. 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. 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.
The Font Software will be transmitted for your use in Applications or Apps using the iOS, Windows Mobile, and Android mobile operating system formats. Commercial reserves the right to include or omit additional formats and to amend the existing software, at its discretion.
You shall make a reasonable attempt to prevent the creation of and/or distribute 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.
General Type, 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 agree not to copy the Font Software or create derivative works based upon the Font Software and/or the design of the Font embodied in the Font Software. You hereby agree that this term is contractual in nature and that the unauthorized use of the design of the Font and/or the Font Software shall be an infringement of General Type’s rights; causing significant monetary harm. You further agree that such damages cannot be readily estimated, and that General Type shall be entitled, without the obligation of a bond, to seek injunctive relief.
No Modification or Customization
You are not permitted to alter the Font Software in any manner whatsoever. You are not authorized to make, or hire others to make, custom or derivative versions of the Font Software. You are not permitted, by way of example not limitation, to decompile, reverse engineer, disassemble, modify, alter or change the software or any associated embedding bits. You hereby acknowledge that the unauthorized modification or customization of the Font Software shall be an infringement of General Type’s rights causing significant monetary harm. If you are interested in utilizing customized font software, contact General Type for more information.
You are permitted to make one (1) back-up copy of the Font Software for archival purposes only. 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(ies) is a material breach of this Agreement and will result in the termination of this License.
Transfer of License
You are permitted to transfer this License to use the Font Software one (1) time only. Under no circumstances are you permitted to purchase this License for resale purposes. Upon transfer of this License, you agree that (i) You will transfer the original Font Software together with all documentation, (ii) Any such transfer is not by consignment or other indirect means, and (iv) you will destroy all other copies on the Font Software and any documentation remaining in your possession. Upon transfer of the Font Software, you are not permitted to retain copies for yourself, lend or otherwise provide copies of the Font Software to any other party.
In the event you identify the Webfonts used on your website, you hereby agree to identify the Font Software by name (trademark) and the owner of the trademark in any such credits. No ownership right is granted by this License Agreement. General Type reserves all rights not expressly granted herein.
This License Agreement is effective as of the date of full payment for the License. This License 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 License Agreement may be terminated without notice if you breach and/or fail to comply with any term contained herein.
General Type 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 General Type 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 General Type hereby EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GENERAL TYPE 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 GENERAL TYPE 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. General Type’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 General Type’s sole discretion.
Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or 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.
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 its conflict of law provisions or the conflict of law provisions of any other jurisdiction and you expressly agree to be subject to the personal jurisdiction of the state and federal courts located in New York for the enforcement of its rights under law and 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. General Type expressly reserves all rights to seek equitable relief including, but not limited to, temporary restraining orders and preliminary injunctions, each, without the obligation of a bond. General Type’s rights and remedies shall be cumulative.
Compliance with Law and Export Restrictions
You agree 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 provision that most closely effects the intent of the invalid provision.
This Agreement constitutes the entire understanding between the parties and supersedes all previous agreements, promises, representations and negotiations between the parties.
The numbering and captions of the various sections of this License 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.