Isaco Type

ISACO TYPE END USER LICENSE AGREEMENT FOR TYPEKIT MARKETPLACE (v.2017.04.27)

This End User License Agreement for Typekit Marketplace, “EULA”, is a legally binding contract between you and Isac CorrÍa Rodrigues dba “Isaco Type” when you purchase a license or licenses to use/install Isaco Type font software, “Fonts”, for use exclusively within the Typekit Service. ìAdobeî means Adobe Systems Incorporated, a corporation organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated. ìTypekit Marketplaceî means the portion of the Typekit Service through which Isaco Type offers for licensing, for the applicable license fee, the Fonts licensed by you under this EULA. ìTypekit Serviceî 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. You and any entity you purchased the Fonts for are bound by the terms of the EULA.

By installing or using the Fonts, you confirm that you have read, understand and agree to be bound by all the terms and conditions of this EULA. This EULA is enforceable against you and any legal entity that obtained the Fonts and on whose behalf it is used; for example, if applicable, your employer. If you do not agree to the terms of this EULA, do not complete the purchase transaction or install or use the Fonts.

1. Grant of License

Upon payment in full of the non-refundable license fee, Isaco Type grants you a non-exclusive, non-transferable (except as permitted by law), revocable license to access the Fonts in the Typekit Marketplace and to use the Fonts on and through the Typekit Service.

1. Use of the Fonts and Typekit Service

Your use of the Fonts is governed solely by this EULA, and Isaco Type, not Adobe, is solely responsible for the Fonts. Your use of the Typekit Service is governed by the Adobe.com Terms of Use and the Typekit Services Agreement Additional Term, available at www.adobe.com/go/terms (collectively, ìAdobe Termsî). You agree to abide by the terms and conditions of the Adobe Terms at all times when accessing and using the Fonts on and through the Typekit Service.

1. Restrictions on Use of the Fonts

You are granted only the rights expressly stated in this EULA, and use of the Fonts in any other manner is strictly prohibited. Without limiting the foregoing, your use of the Fonts is subject to the following restrictions:

3.1 Use Outside Typekit Service is Prohibited

You may not access or use the Fonts outside the Typekit Service, including, but not limited to (i) hosting the Fonts on your own server or using any other self-hosting or third-party hosting option or service, unless expressly permitted by the Adobe Terms; or (ii) attempting to copy, move or remove the Fonts from the Typekit Service, or from the locations or folders on your computer where Adobe has installed the Fonts.

3.2 Distribution of the Fonts Is Prohibited

Except as expressly permitted by the Adobe Terms, you may not (i) include, bundle, embed or otherwise distribute any part of the Fonts within any digital document or website; (ii) allow external output of the Fonts from within any digital document or website, or distribute any portion of the Fonts on a standalone basis or in any way that would allow another person to use the Fonts to author new content; or (iii) otherwise distribute, copy, share, lend, sell, sublicense, rent, give away or transfer the Fonts to any third party.

3.3 Modifications to the Fonts Are Prohibited

You may not, nor may you cause any third party to, modify, alter, translate, convert or otherwise change the Fonts in any manner whatsoever. You further agree not to, nor cause any third party to, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Fonts.

3.4 Derivative Works Are Prohibited

You may not, nor may you cause any third party to, create any customization, variant, adaptation or derivative work of the Fonts, or use the Fonts in connection with any font creation or font manipulation program for the purposes of creating a derivative or substitute version of the Fonts. You further agree not to create, nor cause any third party to create, any font software that incorporates or is based upon the typeface designs rendered by the Fonts. Any derivative works made in contravention of this EULA shall be the sole and exclusive property of Isaco Type and subject to the terms and conditions of this EULA.

3.5 Change of Name and Removal of Notices Are Prohibited

You may not change the name of the Fonts, nor may you remove, alter or cover any copyright notice, trademark or other proprietary rights notice that may be displayed in, on or with the Fonts.

1. Isaco Type Owns the Fonts

This EULA grants you certain limited rights to use the Fonts only; it does not grant you any permanent or ownership rights in or to the Fonts or the typeface designs rendered by the Fonts. You acknowledge and agree that the Fonts and the typeface designs rendered by the Fonts are the exclusive property of Isaco Type. Isaco Type retains all worldwide right, title and interest in and to the Fonts and the typeface designs rendered by the Fonts, including all copyright, patent, trademark, trade secret and other intellectual property rights in and to that property. All rights not expressly granted by this EULA are reserved to Isaco Type.

1. Restrictions on Transfer

You may not transfer or assign any of your rights under this EULA to any other person or legal entity, except in jurisdictions where the law provides a right of transfer.

1. Disclaimer of Warranties and Limitation of Liability

The Fonts are provided to you on an ìas areî basis. To the maximum extent permitted by law, Isaco Type disclaims all warranties, express or implied, about the Fonts, including but not limited to the implied warranties of merchantability, fitness for any particular purpose and non-infringement. Isaco Type further disclaims any warranty that the operation of the Fonts will be unimpeded, uninterrupted or error-free, or that the Fonts are without defects.

To the maximum extent permitted by law, in no event shall Isaco Type be liable to you or any other party for any consequential, incidental or special damages, including but not limited to any lost profits, lost data, lost business opportunities or lost savings, even if notified in advance of the possibility of such damages. In no event shall the total liability of Isaco Type to you exceed the amount of the license fee paid by you under this EULA.

Some states or jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of liability for consequential, incidental or special damages, so the above exclusions may not apply to you. You may also have other rights that vary depending on your state or jurisdiction. The Fonts are non-returnable and non-refundable.

1. Indemnity

You agree to indemnify and hold Isaco Type harmless from and against all claims, damage, losses and expenses of any kind (including reasonable legal fees and costs) that may result from your use of the Fonts or your breach of this EULA.

1. Support

In the event you find error(s) in the Fonts, Isaco Type will provide you with support, if Isaco Type is able to replicate the error. You acknowledge that Adobe has no obligation to provide any maintenance or support services with respect to the Fonts.

1. Termination

This EULA is effective until termination. Isaco Type may terminate this EULA and your rights to use the Fonts on and through the Typekit Service immediately and without notice if you breach any of the terms of this EULA. In the event of breach, Isaco Type expressly reserves the right to seek any and all remedies under law or equity, including but not limited to injunctive relief without the obligation of posting security or bond.

This EULA shall terminate automatically if your right to use and access the Typekit Service is terminated or cancelled by you or Adobe.

1. Third Party Claims

You acknowledge that in the event of any third party claim that the Fonts or your possession and use of the Fonts infringes a third partyís intellectual property rights, Isaco Type, not Adobe, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.

1. Compliance with Laws

You agree to comply with all laws, foreign and domestic, relating to the control of exports or the transfer of technology. 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 ìterrorist supportingî country, and (ii) You are not listed on any U.S. government list of restricted parties. If you are, do not license this product.

1. Privacy

Isaco Typeís 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 Isaco Typeís privacy policy.

1. Entire EULA

This EULA constitutes the entire agreement between you and Isaco Type and supersedes all prior negotiations, understandings or agreements between you and Isaco Type concerning the Fonts. This EULA may only be modified in writing signed by an authorized representative of Isaco Type.

1. Governing Law

You agree that any disputes arising from or related to this EULA shall be governed by and construed in accordance with the laws of Brazil, without regard to its conflicts of law principles. You expressly submit to the exclusive jurisdiction of the state and federal courts of Brazil over any dispute arising out of or related to this EULA or to the dealings between the parties during the term of this EULA, and you expressly waive any jurisdiction or venue defenses. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

1. No Waiver

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

1. Severability

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

All notices under this EULA shall be sent by email to isaco.isaco@gmail.com. Isaco Type is a foundry located in Vacaria, RS, Brazil. You can send mail to: Rua Ramiro Barcelos, 1370, Apto 303, Vacaria - RS, 95200 000. Feel free to direct any questions related to the licensed font software or to receive further clarifications about how you can use it.