House Industries

ADOBE MARKETPLACE END USER LICENSE AGREEMENT

This License Agreement is between the End User and House Industries and is specifically for fonts used under the Adobe Typekit Marketplace Agreement. If you have any questions or need clarification, please contact us at https://houseind.com/contact/ or 302-234-2356 (USA). This license is presented as an addendum to the Adobe Systems Terms of Service [link] and Adobe Typekit’s Terms of Service [link]. Adobe is not liable for any third-party claims related to this agreement.

1. Definitions of Terms Used in This Agreement:

Entity: an individual or a business organization (e.g. corporation, LLC, etc.)

Font: a set of character outlines that defines a particular typeface (e.g. Times New Roman) in one or more stylizations (e.g. Script, Interlock)

Font software: machine readable instructions for causing a rasterizing device to render a font

Print-on-Demand: a system or process whereby individual copies or small numbers of a text are printed to order

Design-on-Demand: a system or process whereby custom or personalized products are created from interactive content

Glyph: a graphic symbol that provides the appearance or form for a character

Embedding: the inclusion of font software files inside an electronic document

Dynamic Content: content that may vary in some way between different instances of an otherwise identical work, such as, for example, interactive content

Static Content: content that does not vary between different instances of a work

Work: any contiguous and complete unit of content for delivery to a user in printed or electronic form

1. Licensed uses of the Licensed Software and Fonts and Glyphs generated thereby in accordance with this agreement include:

c. Use in conventional office correspondence;

d. Use in conventional printed communications and marketing collateral for the Licensee or for the benefit of a third party client;

e. One-time static composite graphics generated from human-operated Devices for electronic media (such as websites);

1. This license is not transferrable.

2. Except as may be otherwise expressly permitted herein or in a separate written agreement, Licensee agrees not to modify, adapt, translate, reverse engineer, decompile, disassemble, alter, re-serve or otherwise copy the Licensed Software or the Fonts embodied therein or glyphs generated thereby in a manner not authorized by this License. Licensee further agrees that the creation of any derivative works or typeface font software is expressly prohibited under this License. Any derivative work which uses incorporates or is otherwise based upon the Licensed Software, Fonts embodied therein, or glyphs generated thereby, including, but not limited to: software, EPS files, artwork designs or other electronic works, are considered derivative works and shall be the exclusive property of House Industries. House Industries shall not be responsible or liable for unauthorized, modified and/or regenerated software or derivative works.

3. The following uses of the Licensed Software and Fonts and glyphs generated thereby are expressly NOT PERMITTED under this agreement. Contact House Industries at https://houseind.com/contact/ to find out whether a special license is available to use the Licensed Software in connection with any of the following expressly excluded uses:

a. Mobile application embedding.

b. Distribution of the font data to any third party, including but not limited to transmission, serving or otherwise delivering or re-serving the Licensed Software digitally or physically, either for the benefit of Licensee, or for the benefit of a third party;

c. Embedding in computer games, online games, game consoles, or sub-web (e.g. Facebook) applications;

d. Embedding in proprietary hardware such as kiosks, scoreboards, menu boards, digital billboards or other public display systems;

e. Print-on-Demand or Design-on-Demand applications (For example: web- or kiosk-based systems where a user can use the font data to customize products such as clothing or specialty items);

f. Use in entertainment services when the font data or a subset of the font data is used to generate dynamic or user-editable content. Entertainment services are defined as, but not limited to, cinema, motion pictures, television or cable television, or animations, irrespective of the method of transmission or viewing;

1. Licensee agrees that House Industries is the exclusive owner of any and all intellectual property rights in and relating to the Fonts, including copyrights for the Licensed Software, trademarks for the names of the Fonts, and protection for the glyphs generated by the Licensed Software under patent, copyright, or trade dress law, if applicable, to the fullest extent of the law in the jurisdiction where the Licensed Software is downloaded or used. Unless otherwise permitted by law, Licensee shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, House Industries’ exclusive right and title to the Software Product or the validity thereof.

2. Licensee agrees to treat the Licensed Software as confidential information and exercise reasonable care to avoid unauthorized distribution of the Licensed Software.

3. Any breach of the terms of this License shall be cause for immediate termination without the obligation of notice or opportunity to cure. House Industries shall be entitled to seek any and all remedies under law or equity, including, without limitation, injunctive relief without the obligation of posting security or bond. In the event of termination, and without limiting any remedies, Licensee agrees to immediately return the Licensed Software to House Industries and certify that no copies remain in its possession or control. This License is provided in exchange for payment of a one-time license fee; failure to pay shall result in immediate termination of this License.

4. The Licensed Software is provide “as is,” with all faults and without warranty of any kind. House Industries makes no warranties, express or implied, as to merchantability, fitness for a particular purpose, quality, accuracy, quiet enjoyment, non-infringement of third-party rights or otherwise. Without limiting the aforementioned, House Industries shall in no event be liable to Licensee or to any other person or entity for any general, special, direct, indirect, consequential, or incidental damages, including damages from loss of business profits, business interruption, loss of business information, or any other pecuniary loss arising out of the use or inability to use the product. Some states do not permit the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you. To the greatest extent permitted by law, any implied warranties or exclusions not effectively excluded by this License are limited to ninety (90) days, and House Industries’ entire liability under any provision of this License shall be limited to the amount actually paid by you for the licensed software. Adobe is not responsible for any product warranties, whether expressed or implied by law.

5. All rights not expressly identified and granted as a part of this License are expressly reserved by House Industries.

6. In the event you find an error in the Font Software, House Industries will provide you with support, if House Industries is able to replicate the error. You acknowledge that Adobe has no obligation to provide any maintenance or support services with respect to the Font Software.

7. House Industries Privacy Policy: House Industries does not the share personal information of its customers with third parties.

8. Licensee certifies that they are not located in a place where the United States is prohibited from doing business.

If Licensee’s configuration exceeds any limitations specified in this agreement, the Licensee must contact House Industries at https://houseind.com/contact/ to expand Licensee’s site license.

HOUSE INDUSTRIES 1145 YORKLYN ROAD P.O. BOX 166 YORKLYN, DELAWARE 19736-0166 302-234-2356 https://houseind.com/contact/