Mark Simonson Studio

Mark Simonson Studio LLC
End User License Agreement (Typekit Marketplace)

Notice to user: This agreement covers use of Licensed Font(s), as defined in Section 1.3, for use exclusively within the Typekit service. Please read this agreement carefully. By installing or using all or any portion of the Licensed Font Software, you accept all the terms and conditions of this agreement. You agree that this agreement is like any written negotiated agreement signed by you. This agreement is enforceable against you and any legal entity that obtained the Licensed Font 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 use the Licensed Font.

1. Definitions.

1.1. “Simonson” means Mark Simonson Studio LLC, a Minnesota corporation, 1496 Raymond Avenue, Saint Paul, Minnesota 55108.

1.2. “Adobe” means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110 and Adobe Systems So ware 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.

1.3. “Licensed Font Software” means the fonts or font families that Simonson licenses to you through the Typekit Marketplace for your use pursuant to this End User License Agreement.

1.4. “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.

1.5. “Typekit Marketplace” means the service through which Simonson offers for direct sale Licensed Font Software licensed to you under the Adobe Typekit Marketplace End User License Agreement, as defined below in section 2.1.

2. Use of Licensed Font Software; Font License; Precedence.

2.1. End User Licensing. This EULA is solely between Simonson and you and not with Adobe. Simonson, and not Adobe, is solely responsible for the Licensed Font Software.

2.2. Use of Licensed Font Software. Your use and purchase of the Licensed Font Software is solely governed by this Mark Simonson Studio LLC End User License Agreement (“EULA”). Your use of the Service is governed by the Adobe.com Terms of Use (“General Terms”) and the Typekit Services Agreement Additional Terms (“Additional Terms”) located at www.adobe.com/go/terms and which are incorporated into the EULA by this reference.

2.3. License Grant. Simonson grants to you a non-exclusive, non-transferable right and license to access the Licensed Font Software provided to you in the Typekit Marketplace and to use the Licensed Font Software on and through the Typekit Service, except in jurisdictions where the law provides a right of transfer.

2.4. Precedence. In relation to Licensed Font Software in the Typekit Marketplace, if there is any conflict between the terms in this EULA, the General Terms or the Additional Terms, then the EULA governs. In relation to your use of the Service, if there is any conflict between the terms in this EULA, the General Terms or the Additional Terms, then the General Terms and the Additional Terms govern.

3. Warranty. Simonson is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed 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 Licensed Font Software.

4. Support. In the event you find an error in the Licensed Font, Simonson will provide you with support, if Simonson is able to replicate the error. Adobe has no obligation to provide any maintenance and support services with respect to the Licensed Font Software.

5. Right and Title. Simonson, its successors and assigns, retain all right and title in and to the Licensed Font Software together with the design of the Font embodied therein together with any trademarks used in connection therewith. Except as may be otherwise expressly permitted herein, you agree not to create derivative works based upon the design of the Licensed Font Software. You hereby agree that the design of the Licensed Font Software and that the unauthorized use of the design of the Licensed Font Software is an infringement of Simonson’s exclusive rights and causing significant monetary harm. All rights not expressly granted herein are reserved to Simonson. Simonson’s rights and remedies in the event of an infringement shall be cumulative in nature.

6. Intellectual Property. The design of the Licensed Font Software and any trademarks associated therewith are the exclusive property of Mark Simonson Studio LLC and are protected by the copyright and other intellectual property law of the United States and its various States, by the copyright and design laws of other nations, and by other international treaties. You agree to treat the Licensed Font Software as you would any other copyrighted material, such as a film or book. Except as expressly provided for here, you may not copy the Licensed Font Software. Any copies that you are expressly permitted to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Licensed Font Software.

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

8. Trademark. All trademarks associated with the Simonson Licensed Font Software are the exclusive property of Simonson. The Simonson trademarks shall be used in accepted trademark practice, including identification of the trademark owner’s name. Use of the trademarks associated with the Licensed Font Software or Simonson inures solely to the benefit of Simonson. You may not change any trademark or trade name designation for the Licensed Font Software.

9. If you are unsure whether your use of the Licensed Font Software is specifically permitted under this Agreement, contact Mark Simonson Studio LLC (mark@marksimonson.com).

10. Legal Compliance. You must 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. You agree to be responsible for compliance with all laws, foreign and domestic relating to the control of exports or the transfer of technology. If you are purchasing this License for government use, or under a government contract, you agree to familiarize yourself with and follow any applicable rules and regulations relating to the purchase of a license to use software and the actual use thereof.

11. You acknowledge that you have read this agreement and understand it and that by using the software you will be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Simonson and you which supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this Agreement. No variation of the terms of this Agreement or any different terms will be enforceable against Simonson in the absence of an express written amendment or consent, including a written express waiver of the affected terms of this Agreement. 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 Simonson with a provision that effects the intent of the invalid provision.

12. Simonson expressly reserves the right to amend or modify this License Agreement at any time and without obligation of prior notification.

13. The Agreement shall automatically terminate in the event you or any authorized user breaches the terms set forth herein. Notwithstanding any termination of this License, Simonson expressly reserves any and all other remedies under equity or law. The Agreement may only be modified in a writing signed by an authorized officer of Simonson.

14. You expressly agree that this Agreement shall be governed by the laws of the State of Minnesota, U.S.A., as they apply to contracts wholly performed therein and without respect to its conflict of laws provisions or the conflict of laws provisions of any other jurisdiction. You expressly submit to the jurisdiction of the state and federal courts in the U.S.A. selected by Simonson. You hereby expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

15. Privacy Policy. Any personal information you provide to Simonson in relation to the font(s) acquired in the Typekit Marketplace is governed by Simonson’s privacy policy. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We will make readily available to customers information about our policies and practices relating to the management of personal information. We will only retain personal information for as long as necessary for the fulfillment of those purposes. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. Mark Simonson Studio LLC may change this privacy policy from time to time at Mark Simonson Studio LLC’s sole discretion.

Mark Simonson Studio LLC
1496 Raymond Avenue
Saint Paul, MN 55108
USA

mark@marksimonson.com
http://www.marksimonson.com

Revised October 2016