01 The Licensee is bound by the EULA and acknowledges that all use of the Font Software supplied by Andrew Herndon is governed by this EULA. This license agreement for Font Software becomes a legally binding contract between the licensee and Andrew Herndon when the licensee agrees to the Terms of Condition in an electronic delivery method or purchases the Font Software on a storage medium and opens the pack containing the typefaces.
02.1 ‘Licensee’ shall mean the individual, company, corporation, or other organization subject to this End User License Agreement due to their access or use of Andrew Herndon’s Font Software.
02.2 ‘Font Software’ shall mean the software which includes typeface and/or typographic designs and ornaments.
02.3 The Font Software and design of the Fonts are protected under copyright and other intellectual property law.
02.4 The Font Software is the exclusive property of Andrew Herndon. Andrew Herndon owns all rights to the Font Software, its structure, organization, code, and design of the Fonts embodied therein, the trademarks, trade names and service marks.
03.2 This license is for the benefit of a single user only. A single user is permitted to install and use the Font Software on one (1) portable device such as a notebook or laptop computer and on one (1) desktop or workstation type device that remains at a single location. The Font Software shall not be installed on the server, which is accessible by the internet or by similar public computer network. If the Licensee needs to install the Font Software on more than the one (1) computer, as identified above, the Licensee is required to purchase additional licenses.
03.3 Under this license the Licensee is entitled to use the Font Software as the end user for their personal or internal business purposes, which does not include any distribution whatsoever of the font software or any component thereof.
03.4 Except as may be permitted herein by a separate written agreement, the Licensee may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter or otherwise copy the Font Software, the source code of the Font Software or the designs embodied therein. The Font Software or documentation may not be sublicensed, sold, distributed, leased, rented, lent, or given away to another person or business
04.1 Embedding the Font Software into your electronic documents is permittable only for the purpose of printing and for their use on private computer networks. For exclusive purpose of outputting printing files, the Licensee is permitted to transfer temporarily a copy of the Font Software to a printer, pre-press studio or other commercial service company. Such copy of the Font Software must be destroyed immediately after printing. In case of any modifications of the font or document the printer/company is required to acquire its own license. The Licensee further agrees to inform the printer/company about the content of this Agreement.
04.2 The Licensee may not embed the Font Software into electronic documents (such as websites, PDF documents or Flash documents, electronic books, interactive software - video game or any other computer application, or motion pictures) for the purposes of their distribution to the general public through computer networks or by means of any other public media.
05.1 Andrew Herndon shall in no event be liable for any direct, indirect, consequential, or incidental damages arising out of the use or inability to use the Font Software.
05.2 Under no circumstances shall Andrew Herndon’s liability exceed the substitution or the replacement cost of the Font Software.
06.1 The agreement shall be governed by and construed in accordance with United States law. The courts of the United States shall have jurisdiction.
06.2 The EULA shall automatically terminate upon failure by the Licensee to comply with its terms. The termination of the EULA shall not preclude Andrew Herndon from suing the Licensee for damages of any breach of the EULA. The EULA may only be modified in writing signed by Andrew Herndon.
06.3 The Licensee has the rights expressly set forth in the EULA and no other. All rights in and to the Font Software, including unpublished rights, are reserved under the copyright laws of the United States.
06.4 By downloading and/or installing the Font Software, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this License Agreement.