Briefcase Type

This End User Licence Agreement for Adobe Fonts (henceforth AF) Marketplace is a legally binding contract between yourself or (if you represent a legal entity) a legal entity, and the legal entity Tomáš Brousil and Radek Sidun – Briefcase Type Foundry s.r.o., Maiselova 25/4, 110 00 Praha 1, Czech Republic, orders(at)briefcasetype.com, (henceforth BCTF) for the use of font software associated with this agreement.

This Agreement covers use of the Licensed Font Software exclusively within the AF Marketplace. By installing or using the Licensed Font Software, you confirm that you have read, understand and agree to all the terms and conditions of this Agreement. This Agreement is enforceable against you and any legal entity that obtained the Licensed Font Software and on whose behalf it is used.

1. Definitions 1.2. “Licensed Font Software” means the fonts or font families that BCTF licenses to you through the AF Marketplace for your use pursuant to this Agreement. 1.3. “Service” means the AF Marketplace website accessible from www.typekit.com, and all other services, features, or content made available to you on and through the AF Marketplace. 1.4. “AF Marketplace” means the Adobe Fonts service through which BCTF offers for direct sale Font Software licensed to you under the Adobe Fonts Marketplace End User License Agreement, as defined below in section 2.1.

2. Use of Licensed Fonts; Font License; Precedence 2.1. Your use of the Licensed Font Software is governed by this BCTF EULA for AF Marketplace. Adobe is not a party to this EULA. Your use of the AF Service is governed by the Adobe’s General Terms of Use (www.adobe.com/go/terms) and the AF Service Terms which are incorporated into the EULA by this reference. 2.2. BCTF grants to you a non-exclusive, non-transferable right and license to access the Licensed Font Software provided to you in the AF Marketplace and to use the Licensed Font Software on and through the AF Service, except in jurisdictions where the law provides a right of transfer. 2.3. In relation to Licensed Font Software in the AF Marketplace, if there is any conflict between the terms in this EULA, the General Terms or the Additional Terms, then the EULA governs. In relation to your use of the Service, if there is any conflict between the terms in this EULA, the General Terms or the Additional Terms, then the General Terms and the Additional Terms govern.

3. Warranty
   3.1. BCTF is in no way responsible towards the license user or any other third party for any direct, indirect, secondary or accidental damages (including damages from loss of business, cessation of trade, loss of trade information and similar), caused by incorrect use or unqualified manipulation with BCTF font software, even if BCTF may have been made aware of the possibility of such damages 3.2. Adobe is not responsible for any product warranties, whether express or implied by law. 3.3. Should the user severely breach the contract, resulting in damages to BCTF, BCTF will apply claims for compensation and payment for such damages to the user.

4. Maintenance and Support  4.1. BCTF guarantees that BCTF font software will work according to technical specifications for ninety (90) days after receipt. Should any fault to BCTF font software occur, the only means of correction by BCTF and liability of BCTF towards the license user is repair or replacement of faulty parts of BCTF font software. The guarantee does not extend towards BCTF font software converted or modified by the license user. 4.2. BCTF does not give any guarantee relating to the performance, results or sales consequent to the use of BCTF font software. 4.3. BCTF has no liability to replace BCTF font software to the user, or return the amount paid by the user, if the disfunction of BCTF font software occurred as a result of an accident, misuse or incorrect use, or if any BCTF product had been lost or destroyed due to theft, fire or negligence. 4.4. BCTF, not Adobe, is responsible for providing end-user support for the Licensed Font Software. Adobe remains obligated to provide maintenance and support for the AF service which includes delivery and management of its fonts. 4.5. Adobe has the option to refund the purchase price of any fonts that does not conform to a warranty that is granted by this EULA.

5. Product Claims  BCTF and the end user must acknowledge that, in the event of any third party claim that the Licensed Font Software or the end users possession and use of the Licensed Font Software infringes a third party’s intellectual property rights, BCTF, not Adobe, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

6. Restrictions  You agree to comply with all laws, foreign and domestic, relating to the control of exports or the transfer of technology. Without limiting the foregoing, you represent and warrant that (i) you are not located in a country that is subject to U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of restricted parties.

7. Privacy  BCTF use of any personal information that identifies or can be used to directly or indirectly identify an individual will comply fully with any applicable local and international privacy protection regulations, data protection regulations and other applicable laws, and will be used in accordance with the BCTF privacy policy.

8. Governing Law This BCTF font software license agreement is governed by the laws of the Czech Republic.

9. No Waiver No waiver by BCTF of any breach or default under this Agreement shall be deemed a continuing waiver or a waiver of any other breach or default, and any failure by BCTF to enforce any right or seek to remedy any breach under this Agreement shall not constitute a waiver of such rights. 

10. Severability If any provision of this Agreement is held invalid or unenforceable, that provision shall be eliminated from this Agreement and the remaining provisions shall continue in full force and effect.