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End-user license agreement for providing a font license for “Videogames”
Before installing the software products, please read carefully the following terms and conditions of the License Agreement (hereinafter referred to as the Agreement). DOWNLOADING, INSTALLING, COPYING OR USING THESE SOFTWARE PRODUCTS, YOU EXPRESS YOUR CONSENT WITH THESE TERMS!
Violation of the terms of this Agreement, as well as the use of software products and fonts without a license, entails the consequences provided by applicable law.
1. General Provisions
1.1. TYPETYPE LLC (hereinafter referred to as the "Licensor") has all the necessary powers to grant the rights shown in this Agreement.
1.2. This Agreement enters into force and generates legal consequences from the date the Licensee pays the price of obtaining the rights to use the Font. The price of obtaining the rights to use the Font is reflected in the invoice provided by the Licensor.
1.3. The fact of payment is the Licensee's consent to comply with the terms of this Agreement. In any case, the commencement of the use of the Font is deemed to be Licensee's consent to the conclusion of this Agreement and acceptance of all its terms.
1.4. The following terms and definitions are used in this Agreement:
1.4.1. The Font is a work of graphics, design expressed in the external images of alphabetic, digital, service and pseudographic characters, presented in the form of a computer program that provides loading a font into the memory of a workstation, server or web server and displaying font characters (in particular text) program or operating system.
1.4.2. The Font symbol - the image of the alphabetic, numeric, service and pseudo graphic characters that make up the Font.
1.4.3. the Licensee - the person acquiring the rights to the Font.
1.4.5. In the case of the use of the terms in this Agreement which are not defined above, the term will be defined in accordance with the text of the Agreement. In the absence of an unambiguous definition of the term in the Agreement the Parties are guided by the definition of the term: first - defined on the Licensor's website, second - on the Internet.
2.1. The "Videogames" license entitles to use the Font in video games developed for any operating system, including Microsoft Windows, Mac OS, Linux, as well as for game consoles, including PlayStation, Xbox, Exeq, etc. A video game supporting different platforms (operating systems, video game devices) needs one license.
The license does not give the right to reproduce the Font by embedding it in mobile applications, including gaming applications, running under the operating systems iOS, Android or Windows Phone. If a video game is developed for a mobile device, the "Mobile application" license is required.
2.2. Under the "Videogames" license, the Licensee is granted the following non-exclusive rights to the Font:
2.2.1. The right to reproduce the Font by embedding it in X (XXX) video games running under any operating systems, including Microsoft Windows, Mac OS, Linux, as well as for game consoles, including PlayStation, Xbox, Exeq, etc. Embedding should be done so that the end user of video game does not have free access to the Font, could not download it, install it or use it in any way other than in a video game. X (XXX) is the number of video games into which the Font embedding is allowed.
The maximum number of titles of video games in which the Font is to be embedded should not exceed the number for which the license is issued.
The Font can be embedded only in such video games, in which it does not form an essential part and is not the main entity or functional element of the video game.
The Licensee is not allowed to embed the Font into video games, which allow to create PDF files, documents for text editors, tables, static images, scalable images, advertisements and other similar files.
2.2.2. The right to distribute images of the Font symbols in video games.
2.2.3. The right to public display of images of the Font symbols in video games.
2.2.4. The right to reproduce the image of the Font symbols in video games.
2.2.5. The right to make a reasonable amount of the Font backups solely for archival purposes, provided that Licensee retains control of such copies. Any copies that the Licensee makes in accordance with the Agreement must contain the same notices of copyright, trademarks and other proprietary notices that are provided in the Font.
3. Restriction of use
3.1. It is forbidden to embed the Font into documents (EPS, PDF and others), intended for commercial distribution in the form of electronic books, magazines, other electronic publications.
3.2. It is forbidden to reproduce images of the Font symbols in logos.
3.3. It is forbidden to display images of the Font symbols in mobile applications.
3.4. It is forbidden to display images of the Font symbols in audiovisual works, in any film or video material (including for the purposes of television broadcasts), including titles and inscriptions.
3.5. It is forbidden to use images of Font symbols to decorate websites using the @ font-face selector.
3.6. It is forbidden to install the Font on the server to provide multi-user access.
3.7. It is forbidden to install the Font on workstations.
3.8. It is forbidden to distribute the Font files with hardware or software.
3.9. It is forbidden to modify, rename, change the character composition, rebuild or otherwise influence the Font.
3.10. It is forbidden to copy the Font, except for the cases specified in this document.
3.11. It is forbidden to distribute the Font to the public. The Licensee may not post, install and use files on computers, mobile devices, servers and web servers, websites of other companies or individuals, place them on the Internet, lend them, rent them, or transfer them to another user, unless the complete set of delivery is completely transferred, including: Font file, license rights, usage manual, printed materials, backup copies. In this case, the Licensee is required to destroy all copies of the Font and its documentation available to him and notify the Licensor in writing of the change of licensee.
3.12. It is forbidden to embed the Font into a mobile application that allows to create PDF files, documents for text editors, tables, static images, scalable images, advertisements and other similar files, and to an application that is a server component.
3.13. The rights indicated in the Agreement are granted to the Licensee without the right to transfer and transfer them to other persons, except for the case provided for in paragraph 3.11.
4. Responsibility of the Licensee
4.1. If the Licensee violates any of the clauses of this Agreement, the Licensor has the right to unilaterally terminate the Agreement. In this case, after receiving the appropriate written or electronic notification, the Licensee must destroy all copies of the Font and the relevant documentation. Keeping or use the Font will be considered a violation of exclusive rights.
4.2. If the Font as a result to the actions or omissions of the Licensee becomes available on computers, mobile devices, servers, Web servers and Web sites of other persons, the burden of proving the malfeasance of the actions that led to such consequences lies in the Licensee.
5.1. The Font is delivered without any express or implied obligation on the part of the Licensor, including commercial warranties and warranties of fitness for any particular use. The Licensor shall in no event be liable for damages and damages caused by the use or inability to use the Font, or by providing or not providing support services related to the use of the Font.
6. Term of the agreement
6.1. This Agreement is valid during the validity period of the exclusive right to the Font and on the territory of all countries of the world.