Kostic Type Foundry

KOSTIC TYPE FOUNDRY END USER LICENSE AGREEMENT FOR TYPEKIT MARKETPLACE

This Kostic Type Foundry End User License Agreement for Typekit Marketplace (“License” or “Agreement”) is a legally binding contract between you and Kostic Type Foundry. Please read this Agreement carefully. For questions related to the Font Software, contact kostictype@gmail.com.

By installing or using any portion of the Font Software that is the subject of this Agreement, you are agreeing to the terms and conditions of this Agreement. This Agreement is enforceable against you and any legal entity that obtained the Font Software and on whose behalf it is used. If you do not agree to the terms of this Agreement, do not use the Font Software.

1. Definitions

“You” and “Your” means the person or entity (“licensee”) authorized to use the Font Software licensed under this agreement.

“Kostic Type Foundry” means Nikola Kostić PR grafički dizajn Kostić Type Foundry Beograd, based in Tetovska 57, 11000 Belgrade, Republic of Serbia.

“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.

“Font Software” means the fonts or font families that Kostic Type Foundry licenses to you through the Typekit Marketplace for use exclusively within the Typekit Service pursuant to this Agreement.

“Typekit Marketplace” means the portion of the Typekit Service through which Kostic Type Foundry offers for licensing, for the applicable license fee, the fonts or font families licensed by you under this Agreement.

“Typekit 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.

“Derivative Work” means binary data based upon or derived from Font Software (or any portion of Font Software) in any form in which such binary data may be recast, transformed, or adapted including, but not limited to, binary data in any format into which Font Software may be converted.

2. Use of Licensed Font Software

Your use of the Font Software is governed solely by this Agreement. This Agreement is solely between you and Kostic Type Foundry and not with Adobe. Kostic Type Foundry, and not Adobe, is solely responsible for the Licensed Font Software.

**3. Grant of License **

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

**4. Use of the Typekit Service **

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, “Adobe Terms”). You agree to abide by the terms and conditions of the Adobe Terms at all times when accessing and using the Font Software on and through the Typekit Service.

5. Rights Reserved

The Font Software and the typeface designs rendered by the Font Software are the exclusive property of Kostic Type Foundry. All rights in and to the Font Software, including the typeface designs rendered by the Font Software, trademarks, trade names associated with the Font Software together with any unpublished or unregistered rights, are reserved by Kostic Type Foundry under the intellectual property laws of the United States of America, by the copyright and design laws of other nations, and by other international treaties. All rights not expressly granted by this License are reserved to Kostic Type Foundry.

Except as permitted under this Agreement, 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 the Font Software or embed the Font Software in other software. You may not, adapt, modify, alter, translate, convert or otherwise change the Font Software in any manner whatsoever.

6. Disclaimer of Warranties and Limitation of Liability

The Font Software is provided to you on an “as is” basis. To the maximum extent permitted by law, Kostic Type Foundry disclaims all warranties, express or implied, about the Font Software, including but not limited to the implied warranties of merchantability, fitness for any particular purpose and non-infringement. Kostic Type Foundry further disclaims any warranty that the operation of the Font Software will be unimpeded, uninterrupted or error-free, or that the Font Software is without defects. To the maximum extent permitted by law, in no event shall Kostic Type Foundry be liable to you or anyone else (i) 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, or (ii) for any claim against you by any third party seeking such damages even if notified in advance of the possibility of such damages. In no event shall the total liability of Kostic Type Foundry to you exceed the amount of the license fee paid by you under this Agreement.

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 Font Software is non-returnable and non-refundable. Adobe is not responsible for any product warranties, whether expressed or implied by law.

You agree to indemnify and hold Kostic Type Foundry 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 Font Software or your breach of this Agreement.

7. Support

The Typekit Service has no responsibility to provide any maintenance or support services for the Font Software. In the event you find an error in the Font Software, you may notify Adobe, which may, in its discretion, refund the purchase price for the Licensed Fonts to you. To the maximum extent permitted by law, Adobe will have no other obligation, under warranty or otherwise, with respect to the Font Software. In the event the error you describe can be replicated by Kostic Type Foundry in its review, Kostic Type Foundry will not give a refund but will provide replacement Font Software to Adobe for the Typekit Service. Kostic Type Foundry is not obligated to provide upgrades or updates of the Licensed Fonts for any reason.

8. Termination

This Agreement is effective until termination. Kostic Type Foundry may terminate this Agreement and your rights to use the Font Software on and through the Typekit Service immediately and without notice if you breach any of the terms of this Agreement. In the event of breach, Kostic Type Foundry 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 Agreement shall terminate automatically if Your right to use and access the Typekit Service is terminated or cancelled by you or Adobe.

9. Third Party Claims

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

10. Legal Compliance

You agree to comply with all laws, foreign and domestic, relating to the control of exports or the transfer of technology. Without limiting the foregoing, 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.

11. Privacy

Kostic Type Foundry’s collection and use (if any) of 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 the Kostic Type Foundry’s or Adobe’s privacy policy, whichever offers most protection of the End User’s privacy.

12. Notices

All notices must be in writing and will be deemed to be delivered when received by electronic mail; by certified mail, postage prepaid, return receipt requested; or by a nationally known overnight mailing service, at the address given above for the recipient or to such other address of which the sender has previously received notice given in conformance with this section.

13. Governing Law and Severability

The Font Software is protected under the laws of the Republic of Serbia, United States of America and other international laws. You expressly submit to the jurisdiction of the courts in the Republic of Serbia, or state and federal courts in the U.S.A. selected by Kostic Type Foundry. You hereby expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. You agree to be responsible for your compliance with all laws and regulations foreign and domestic relating to the control of exports or the transfer of technology. This Agreement constitutes the entire agreement between you and Kostic Type Foundry and supersedes all prior negotiations, understandings or agreements between you and Kostic Type Foundry concerning the Font Software. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect and the invalid provision shall be replaced by Kostic Type Foundry with a provision that most closely affects the intent of the invalid provision. Amendments or waivers to the terms and conditions of this Agreement or any amendments to this Agreement are only effective if signed by an authorised representative of Kostic Type Foundry.

14. No Waiver

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