MAC Rhino Fonts

MAC Rhino Fonts (MRF) MRF Type EULA v.2017.05.01. MRF END USER LICENSE AGREEMENT FOR TYPEKIT MARKETPLACE This MRF End User License Agreement for Typekit Marketplace (“License” or “Agreement”) is a legally binding contract between you and MRF. Please read this Agreement carefully; we recommend that you print a copy for future reference. This Agreement covers use of the Font Software exclusively within the Typekit Service. By installing or using the Font Software, you confirm that you have read, understand and agree to be bound by all 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; for example, if applicable, your employer. If you do not agree to the terms of this Agreement, do not complete the purchase transaction or install or use the Font Software. 1. Definitions “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. “MRF” means MAC Rhino Fonts, Sveavägen 82, 11359, Stockholm Sweden. “Font Software” means the fonts or font families that MRF 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 MRF 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. 2. Grant of License Upon payment in full of the non-refundable license fee, MRF 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. 3. Use of the Font Software and Typekit Service Your use of the Font Software is governed solely by this Agreement, and MRF, not Adobe, is solely responsible for the Font Software. 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. 4. Restrictions on Use of the Font Software You are granted only the rights expressly stated in this Agreement, and use of the Font Software in any other manner is strictly prohibited. Without limiting the foregoing, your use of the Font Software is subject to the following restrictions: 4.1 Use Outside Typekit Service is Prohibited You may not access or use the Font Software outside the Typekit Service, including, but not limited to (i) hosting the Font Software 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 Font Software from the Typekit Service, or from the locations or folders on your computer where Adobe has installed the Font Software. 4.2 Distribution of the Font Software Is Prohibited Except as expressly permitted by the Adobe Terms, you may not (i) include, bundle, embed or otherwise distribute any part of the Font Software within any digital document or website; (ii) allow external output of the Font Software from within any digital document or website, or distribute any portion of the Font Software on a standalone basis or in any way that would allow another person to use the Font Software to author new content; or (iii) otherwise distribute, copy, share, lend, sell, sublicense, rent, give away or transfer the Font Software to any third party. 4.3 Modifications to the Font Software Are Prohibited You may not, nor may you cause any third party to, modify, alter, translate, convert or otherwise change the Font Software 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 Font Software. 4.4 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 Font Software, or use the Font Software in connection with any font creation or font manipulation program for the purposes of creating a derivative or substitute version of the Font Software. 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 Font Software. Any derivative works made in contravention of this Agreement shall be the sole and exclusive property of MRF and subject to the terms and conditions of this License. 4.5 Change of Name and Removal of Notices Are Prohibited You may not change the name of the Font Software, 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 Font Software. 5. MRF Owns the Font Software This License grants you certain limited rights to use the Font Software only; it does not grant you any permanent or ownership rights in or to the Font Software or the typeface designs rendered by the Font Software. You acknowledge and agree that the Font Software and the typeface designs rendered by the Font Software are the exclusive property of MRF. MRF retains all worldwide right, title and interest in and to the Font Software and the typeface designs rendered by the Font Software, including all copyright, patent, trademark, trade secret and other intellectual property rights in and to that property. All rights not expressly granted by this License are reserved to MRF. 6. Restrictions on Transfer You may not transfer or assign any of your rights under this Agreement to any other person or legal entity, except in jurisdictions where the law provides a right of transfer. 7. 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, MRF 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. MRF 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 MRF 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 MRF 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. 8. Indemnity You agree to indemnify and hold MRF 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. 9. Support In the event you find an error in the Font Software, MRF will provide you with support, if MRF 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. 10. Termination This Agreement is effective until termination. MRF 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, MRF 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. 11. 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, MRF, not Adobe, will be solely responsible for the investigation, defense, settlement and discharge of any such claim. 12. Compliance with Laws 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. 13. Entire Agreement This Agreement constitutes the entire agreement between you and MRF and supersedes all prior negotiations, understandings or agreements between you and MRF concerning the Font Software. This Agreement may only be modified in writing signed by an authorized representative of MRF. 14. Severability If any provision of this Agreement is held invalid or unenforceable, that provision shall be eliminated from this Agreement and the remaining provisions shall continue in full force and effect. For more information, please contact info@macrhino.com. MAC Rhino Fonts Sveavägen 82 11359 Stockholm Stockholm SWEDEN info@macrhino.com www.macrhino.com