Outras Fontes

OUTRAS FONTES END USER LICENSE AGREEMENT FOR TYPEKIT MARKETPLACE

This Outras Fontes End User License Agreement for Typekit Marketplace (“License” or “Agreement”) is a legally binding contract between you and Outras Fontes foundry (Outras Fontes). 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. “Outras Fontes” means Outras Fontes foundry, an independent digital type foundry based in Vitória, Brazil, and managed by the type designer Ricardo Esteves Gomes. “Font Software” means the fonts or font families that Outras Fontes 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 Outras Fontes 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, Outras Fontes 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 Outras Fontes, 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; 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 Outras Fontes 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.

1. Outras Fontes 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 Outras Fontes. Outras Fontes 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 Outras Fontes.

2. 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.

3. Warranties Outras Fontes 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 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.

4. Maintenance and Support In the event you find an error in the Font Software, Outras Fontes will provide you with support, if Outras Fontes 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.

5. Originality 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, Outras Fontes, not Adobe, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.

6. 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.

7. Privacy Outras Fontes’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 the Outras Fontes’s or Adobe’s privacy policy, whichever offers most protection of the End User’s privacy.

8. Termination This Agreement is effective until termination. Outras Fontes 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. The termination of the Agreement shall not preclude Outras Fontes from suing you for damages of any breach of the Agreement. This Agreement shall terminate automatically if your right to use and access the Typekit Service is terminated or cancelled by you or Adobe.

9. Contact and Communication Outras Fontes foundry Rua Joaquim Tavares da Silva, 30 - Vitória, Brazil, 29042450 All additional inquiries or communications may be submitted through the Contact form provided on Outras Fontes hosted on its website www.outrasfontes.com or via the email address foundry@outrasfontes.com