Emigre

Emigre Fonts Typekit Marketplace Software License Agreement

This is a legal agreement, by downloading and/or installing the Emigre Fonts software you agree to be bound by the following terms and conditions:

If you are purchasing this license on behalf of your employer, the terms and conditions recited herein apply to your employer as well as to you as a representative of your employer.

For the purposes of this agreement, you agree that the Emigre Font Software includes the design of the type font embodied in the Font Software. This term is contractual in nature and not a mere recitation.

This agreement is solely between you and Emigre. Emigre, and not Adobe, is solely responsible for the Licensed Font Software.

1. The Emigre Font Software is licensed for use only by you with and through the Typekit service. This license is non-transferable, except in jurisdictions where the law provides a right of transfer.

2. Except as permitted herein, you may not modify, convert, adapt, translate, reverse engineer, decompile, disassemble, alter or otherwise copy the Emigre Font Software, or the design of the type font embodied therein.

3. The Emigre Font Software or documentation may not be sublicensed, sold, leased, rented, lent, or given away to another person or entity.

You may not place the Emigre Font Software on-line, or post or otherwise allow access to the Emigre Font Software via any on-line service, computer, workstation, server, or network, except for use with and through the Typekit service.

This License does not permit the use of the Emigre Font Software as a self hosted web font, stored for use and transmission via a server, embedded in video game or gaming devices, on-line applications, or in on-line templates or other applications where an unlicensed user can access, and/or edit and/or compose text or otherwise dynamically generate content. These uses require a special license and are quoted on an individual basis. Please send an email to: sales@emigre.com to discuss your needs.

4. All sales in Typekit Marketplace are final. If appropriate or required by law Adobe may, at its discretion, refund the purchase price for the Licensed Font Software to the end-user. Adobe will have no other warranty obligation whatsoever with respect to the Licensed Font Software. Emigre, not Adobe, is solely responsible for providing any maintenance and support services with respect to the Licensed Font Software.

5. The Emigre Font Software is protected under domestic and international trademark and copyright law. You agree to identify the Emigre fonts by name and credit Emigre’s ownership of the trademarks and copyrights in any design or production credits when possible and at your discretion.

6. Any breach of the terms of this Agreement shall be cause for termination without notice. In the event of termination, and without limitation of any remedies under law and equity, including injunctive relief without the obligation of posting security, you agree to immediately stop using the Emigre Font software.

In the event of any third party claim, and if the Licensed Font Software or your possession and use of the Licensed Font Software infringes a third party’s intellectual property rights, Emigre, not Adobe, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

7. EMIGRE MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, EMIGRE SHALL IN NO EVENT BE LIABLE TO THE LICENSED USER OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT EVEN IF NOTIFIED IN ADVANCE. UNDER NO CIRCUMSTANCES SHALL EMIGRE’S LIABILITY EXCEED THE REPLACEMENT COST OF THE SOFTWARE.

8. You, as the end user, must represent and warrant that 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. Embedding of the Emigre Fonts Software is permitted only within electronic documents (including PDF, EPUB, iBooks, Kindle [mobi], and Adobe’s Digital Publishing Suite [DPS]) and must be restricted to viewing, printing, and editing of a document to the extent that it remains substantially the same document.

The document may not be edited into a new document, variations, templates, or dynamic content. The font data must be subsetted when embedded. Encryption of the embedded Emigre Fonts Software must be secure enough to prevent any access or use by others. Any ebook authoring workflow which requires the user to move the font files themselves is not allowed.

10. Some states or jurisdictions do not allow the exclusion or limitations of implied warranties and incidental, consequential or special damages. The exclusions or limitations contained in the Emigre Font Software License Agreement may not apply to you. Restrictions to exclusions and/or limitations of the Emigre Font Software License Agreement shall only be effective to the minimum extent permitted by your state or jurisdiction and only if required by your state or jurisdiction. Under no circumstances shall the exclusions and/or limitations of the Emigre Font Software License Agreement be greater than thirty (30) days after the date of purchase or the minimum time allowed by your state or jurisdiction, whichever is shorter. Thereafter, all the exclusions and/or limitations of the Emigre Font Software License Agreement shall apply. The Emigre Font Software License Agreement gives you specific legal rights and you may have other rights that vary from state to state.

11. Any personal information provided to Emigre will be used only to process your order or provide support. Under no circumstances will we sell or otherwise give away your information. We will send promotional emails only if you’ve requested them.

Emigre Inc.
1700 Shattuck Ave # 307
Berkeley, CA 94709
sales@emigre.com
www.emigre.com