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Just Another Foundry

Just Another Foundry EULA v.2016.10.25.1

End User License Agreement for Just Another Foundry desktop fonts at Typekit Marketplace

This End User License Agreement (hereinafter “Agreement”) is a legal agreement between you, or, if you represent a legal entity, that legal entity (hereinafter “You”) and Just Another Foundry GmbH (hereinafter “JAF”), and is applicable to the Font Software (as defined below) for which You are about to purchase a license.

By installing or using all or any portion of the Font Software You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not install or use the Font Software.

JAF, and not Adobe, is solely responsible for the licensed Font Software.

1. Definitions

1.1. “Font Software” means coded software for which You are about to purchase a license and which generates typeface designs when used with the appropriate hard- and software plus any and all other data including documentation provided with such software.

2. Grant of License and Restrictions

2.1. JAF grants You a non-exclusive right and license to use the Font Software exclusively with and through the Typekit service. This right granted to You by JAF is non-transferable, except in jurisdictions where the law provides a right of transfer.

2.2. Embedding. You may embed the Font Software in documents such as Word, PDF or EPUB. You may not embed the fonts in executable applications.

3. Ownership

The Font Software is protected by the United States Copyright Law, by the copyright and design laws of other nations, and by international treaties. Any copyright, trademark and other rights belong exclusively to JAF or the designers. You do not gain the ownership of the Font Software or any part hereof under this Agreement. The structure, organization, and the code of the Font Software are trade secrets of JAF or the designers, and You agree to treat them as such.

4. Limitation of Liability

If the Font Software does not perform substantially in accordance with the pertaining documentation, the entire and exclusive liability of JAF shall be limited to the provision of a replacement of the Font Software to Adobe, to be updated in the Typekit service. JAF and Adobe do not warrant the performance or results You may obtain by using the Font Software. JAF and Adobe make no warranties express or implied, as to non-infringement of third party rights, merchantability, or fitness for any particular purpose. In no event will JAF or Adobe be liable to You for any consequential, incidental or special damages, including any lost profits or lost savings, even if a JAF representative has been advised of the possibility of such damages, or for any claim by any third party.

Adobe is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Font Software to conform to any applicable warranty, the end user may notify Adobe, and Adobe may, at its discretion, refund the purchase price for the Licensed Font Software to the end-user. To the maximum extent permitted by law, Adobe will have no other warranty obligation whatsoever with respect to the Font Software.

Adobe has no obligation to provide any maintenance and support services with respect to the Font Software.

5. Product Claims

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

6. 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) he or she is not listed on any U.S. government list of restricted parties.

7. Privacy

JAF’s 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 JAF’s privacy policy.

8. General Provisions

This Agreement may only be modified in writing signed by an authorized officer of JAF. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

9. Governing Law

This Agreement will be governed by the laws of Germany. This agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.

Just Another Foundry GmbH
Auweg 10g
85748 Garching
Germany

October 2016

You may direct questions related to the Font Software to:
jaf@justanotherfoundry.com

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