Device Fonts

This is a binding legal agreement. By installing or using Device’s Font Software, you confirm that you have read, understand and agree to be bound by all the terms and conditions of this Device Fonts EULA (the “Device Fonts EULA”). This Device Fonts EULA is enforceable against you and any legal entity that obtained the Font Software and on whose behalf it is used; for example, if applicable, your employer.

1. Grant Of License. This Device Fonts EULA is between you and Device. Device grants to you a non-exclusive, non-transferable right (except in jurisdictions where the law provides a right of transfer) and license to access the Font Software provided to you in the Typekit Marketplace and to use of the Font Software on and through the Typekit Service. References to “Font Software” in this Device Fonts EULA mean the font(s) and font software that Device licenses to you through the Typekit Marketplace. The Font Software licensed under this Device Fonts EULA is licensed by Device. Device, and not Adobe, is responsible for the Font Software. Any use whatsoever of Font Software other than on and through the Typekit Service - such as, without limitation, for distribution, in connection with a physical product, or for broadcast, exhibition or embedding in an electronic device - shall require separate licensing by Device.

2. The Typekit Service and the Font Software.

2.1 Terms and Conditions. Your use of the Font Software is governed by this Device Fonts EULA. Your use of, and payment for, the Service is governed by the Adobe.com Terms of Use (“General Terms”) and the Typekit Services Agreement Additional Terms (“Additional Terms”) located at www.adobe.com/go/terms and which are incorporated into this Device Fonts EULA by reference. You agree that you are governed by and shall comply with the General Terms and Additional Terms.

2.2 Precedence. In relation to Font Software in the Typekit Marketplace, if there is any conflict between the terms in this Device Fonts EULA, the Typekit Marketplace EULA, the General Terms or the Additional Terms, then this Device Fonts EULA governs. In relation to the Service, if there is any conflict between the terms in this Device Fonts EULA, the General Terms or the Additional Terms, then the General Terms and the Additional Terms govern.

1. Revocation Of Warranties. Subject to the representations and warranties stated herein, the Font Software is provided “AS IS” and without fiduciary obligation to you or other warranties of any kind and Device hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEVICE 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 INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE THE FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. THE FONT SOFTWARE IS NOT FAULT TOLERANT AND IS NOT INTENDED FOR USE IN THE CONTROL OR OPERATION OF DEVICES OR EQUIPMENT FOR MANUFACTURING, OR FOR USE IN NAVIGATIONAL DEVICES. UNDER NO CIRCUMSTANCES SHALL DEVICE OR THE AUTHOR BE LIABLE TO YOU, OR ANY THIRD 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. Under no circumstances, subject to the conditions noted herein, shall Device’s maximum liability to you or any third party exceed the replacement cost of Font Software or the provision of substitute font software, at the sole discretion of Device.

2. Other Law - Consumers Only. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, implied warranties or implied warranties as they relate to sales to non-business purchases to consumers. ANY IMPLIED WARRANTY OR CONDITION CREATED BY LAW IS ONLY EFFECTIVE FOR A THIRTY (30) DAY WARRANTY PERIOD OR THE SHORTEST PERIOD ALLOWED BY ANY APPLICABLE RULE, LAW OR STATUTE. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE SHORTEST APPLICABLE 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 to be effective for more than thirty (30) days.

3. Warranties And Support Generally. Device is solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Font Software to conform to any applicable warranty, you may notify Adobe, and Adobe may, at its discretion, refund the purchase price for the Font Software to you. To the maximum extent permitted by law, Adobe will have no other warranty obligation whatsoever with respect to the Font Software. Device is solely responsible for providing any maintenance or support with respect to the Font Software that is required by applicable law or (subject to Sections 3 and 4 above) this Device Fonts EULA. You and Device acknowledge that Adobe has no obligation to provide any maintenance or support services with respect to the Font Software.

4. Infringement. Device and you acknowledge that, in the event of any third party claim that the Font Software or your possession and use of the Font Software in accordance with this Device Fonts EULA infringes a third party’s intellectual property rights, Device, not Adobe, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim, on condition that you (a) promptly notify Device in writing of the relevant third party claim, (b) do not make any statement relating to the claim except with Device’s prior written approval, (c) give Device the exclusive right to defend and settle the relevant third party claim, and (d) provide Device, at Device’s cost, with all reasonable cooperation in connection with that defence and settlement.

5. Privacy. Device’s use of any personal information that identifies or can be used to directly or indirectly to identify a living 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 Device’s privacy policy as implemented from time to time.

6. Rights Reserved. All rights in and to the Font Software, including the trademarks, trade names associated with the Font Software together with any unpublished or unregistered rights, are reserved by Device under the intellectual property laws of the United States and other jurisdictions. All rights reserved. Except as permitted under Your License, you may not copy, use the Font Software beyond the authorized and licensed uses, create derivative works based on the Font Software or the designs embodied therein, distribute or embed the Font Software in other software.

7. Waiver. No waiver by Device, whether express or implied, of any provision or breach of this Device Fonts EULA shall constitute a continuing waiver of such provision or a waiver of any other provision or breach of this Device Fonts EULA.

8. Legal Compliance. 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.

9. Governing Law. This Device Fonts EULA will be governed by the laws of England and Wales.

In this Device Fonts EULA:

” “Device” means Device Limited, 7 Blake Mews, Kew Gardens, TW9 3GA UK. You may correspond with Device at that address, and may direct questions related to the Font Software or requests for license upgrades to info@devicefonts.co.uk “ “Adobe” means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110 and Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a company organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated “ “Service” means the Typekit Service website accessible from typekit.com, and all other services, features, or content made available to you on and through the Typekit Service. “ “Typekit Marketplace” means the service through which Adobe offers for direct sale Font Software licensed to you under the Adobe Typekit Marketplace End User License Agreement.