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END USER LICENSE AGREEMENTBy installing, copying, or otherwise using Font Software by David Kerkhoff d/b/a Ensotype you agree to be bound by the terms of this License. This End User License Agreement (EULA) represents the entire agreement, concerning the fonts (Font Software), between you and David Kerkhoff (d/b/a Ensotype), (Ensotype or Licensor), and it supersedes any prior proposal, discussions, oral agreement, representation, or understanding between the parties. There are significant restrictions to use of the Font Software if you are involved in certain industries. Read the restrictions carefully before you purchase a License, download or Use the Font Software.If you do not agree to the terms of this EULA, do not install or use the Font Software. All Ensotype Font Software is protected by copyright and trademark laws and other international copyright laws, as well as other intellectual property laws and treaties. The Font Software is licensed for use and is not sold.GRANT OF LICENSEThe Font Software is licensed as follows: Installation and UseThe Licensor grants you the right to install and use the font(s) for any purpose you see fit, commercial or non-commercial, on websites or in print, as long as you do not sell or resell the font(s) on their own, or claim them as your own.You may install the Font Software on up to five (5) computers only.(b) Backup CopiesYou may make copies of the font(s) as may be necessary for backup and archival purposes.(c) Embedding and Webfont useFonts by David Kerkhoff d/b/a Ensotype may not be embedded in software, games, computer programs or the like. For such use a special license is required. You are permitted to embed the Software in PDF or use in graphics and images. You are permitted to convert the Software to vector outlines - no special license is required. In all circumstances where you do embed the font, embedding bits or other security functionality should be set such that the Software cannot be removed or otherwise accessed from the files. Use of the Font Software as webfonts or converting the Font Software for webfont use is not permitted. If you need to use the Font Software as webfonts, contact Ensotype (www.ensotype.com) for a special license. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONSMaintenance of Copyright Notices You are not permitted to remove or alter any copyright notice on the Font Software and you may not alter any information contained within the Font Software itself.Distribution You may not distribute registered or unregistered copies of the Font Software to third parties in any way; not for free/as a gift, nor for money or the exchange of goods or anything of value.(c) Prohibition on Modifications, Enhancements, Alterations Except where otherwise expressly permitted by Law and only for permitted purposes, you may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or otherwise attempt to discover the source code of the Font Software or the designs embodied therein. Any modifications made to the vector outlines shall be considered derivative works and their use governed by the terms and conditions of this Agreement. You further agree not to commission or authorise any third party to undertake modifications to the Font Software without prior written consent from Ensotype, except and only to the extent that such activity is otherwise expressly permitted by applicable law notwithstanding this limitation.TERMINATIONWithout prejudice to any other rights, Ensotype may terminate this License if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of Font Software in your possession.COPYRIGHTAll right title and interest in and to the Font Software and any copies thereof are owned by David Kerkhoff d/b/a Ensotype or his suppliers. All title and intellectual property rights in and to the content which may be accessed through use of Font Software by Ensotype is the property of the respective owner and is protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights other than those granted under this License. All rights not expressly granted are reserved by Ensotype or the owner of the Font Software.LIMITED LIABILITY AND REVOCATION OF WARRANTIESDAVID KERKHOFF d/b/a ENSOTYPE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE FONT SOFTWARE IS PROVIDED AS IS. ENSOTYPE DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNIMPEDED, UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. WITHOUT LIMITING THE FOREGOING UNDER NO CIRCUMSTANCES SHALL DAVID KERKHOFF d/b/a ENSOTYPE 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 FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. In no event shall David Kerkhoff d/b/a Ensotype be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorised Users' use of or inability to use the Font Software. Neither David Kerkhoff nor Ensotype shall be liable with respect to the Font Software, or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, and loss of privacy, moral rights or the disclosure of confidential information.6. 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 Font Software, you acknowledge you have read, understood, and agreed to be bound by the terms and conditions of this License Agreement.7. WaiverThe waiver of any term or condition in the License by Ensotype shall not be construed or enforced as an ongoing waiver of that term or condition or any other term or condition of this License nor shall any waiver be construed or enforced as a permanent waiver of any other term, condition or right of Ensotype.8. Choice of LawYou expressly agree that this Agreement shall be governed by the laws of the Netherlands as they apply to copyright and contracts wholly performed therein and without respect to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. You expressly submit to the jurisdiction of the courts selected by Ensotype for the purposes of adjudicating any dispute arising under this Agreement and you expressly waive all defences arising out of the selection of the jurisdiction and forum elected by Ensotype for the resolution of any dispute and agree to service of process by mail. You hereby agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. 2018 David Kerkhoff / Ensotype - All Right Reserved. www.ensotype.com
