Paratype

Paratype

Paratype EULA v.2018.06.12

This Agreement is between You and Paratype, and not between You and Adobe. Paratype is solely responsible for the Licensed Font Software.

This Agreement covers use of the Licensed Font Software 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 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 use the Licensed Font Software.

1. Definitions 1.1 “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. 1.2 “Agreement” means this end user license agreement between You and Paratype. 1.3 “Paratype” means Paratype Inc., a California corporation, PO Box 3617 Saratoga CA 95070 USA, together with its subsidiaries and affiliated entities. Paratype is the owner or the authorized licensor of the rights in and to the Licensed Font Software licensed to You under this agreement. 1.4 “Licensed Font Software” means the font(s) or font families and the software that Paratype licenses to You through the Typekit Marketplace for Your use pursuant to this Agreement. 1.5 “Service” or “Typekit Service” means the website accessible from typekit.com, and all other services, features, or content made available to You on and through such website. 1.6 “Typekit Marketplace” means the service through which Adobe offers for direct sale font software licensed to You by Paratype under this Agreement. 1.7 “You” and “Your” means the person or entity (“licensee”) authorized to use the Licensed Font Software licensed under this Agreement.

2. License Grant; Use of Licensed Fonts; Precedence. 2.1 License Grant. Paratype grants to You a non-exclusive, non-transferable right (except in jurisdictions where the law provides a right of transfer) and license to access the Licensed Font Software provided to You in the Typekit Marketplace and to use of the Licensed Font Software on and through the Typekit Service in accordance with the terms and conditions of Your license. All rights not expressly granted in this Agreement are reserved to Paratype. 2.2 Use of Licensed Fonts. Your use of the Licensed Font Software is governed by this Agreement, 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 this Agreement by this reference. 2.3 Precedence. In relation to the Licensed Font Software in the Typekit Marketplace, if there is any conflict between the terms in this Agreement, the General Terms or the Additional Terms, then this Agreement governs. In relation to Your use of the Service, if there is any conflict between the terms in this Agreement, the General Terms or the Additional Terms, then the General Terms and the Additional Terms govern.

3. Warranty. Paratype warrants to You that the Licensed Font Software will perform substantially in accordance with the intended uses licensed under this Agreement. To make a warranty claim, You must contact Paratype with sufficient information regarding your claim in a timely fashion. If the Licensed Font Software does not perform substantially in accordance with the specifications, the entire, exclusive, and cumulative liability and remedy shall be limited to the refund of the license fee You paid. Adobe is not responsible for any product warranties, whether expressed or implied by law. PARATYPE DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE LICENSED FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR PARATYPE’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, PARATYPE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL PARATYPE BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF PARATYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF PARATYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

4. Product Claims. In the event of any third party claim that the Licensed Font Software or Your possession and use of the Licensed Font Software infringes a third party’s intellectual property rights, Paratype, not Adobe, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim (subject to the limitations set forth above with respect to Paratype’s warranties provided to You).

5. Support. 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 not have any other warranty obligation whatsoever with respect to the Licensed Font Software. Other than the warranty obligations set forth in Section 3, neither Paratype or Adobe has an obligation to provide any maintenance or support services with respect to the Licensed Font Software.

6. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the United States of America and the State of California, without giving effect to its conflicts or choice of law provisions. Both You and Paratype agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. Each Party hereby irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California for the purpose of any legal action, suit or proceeding brought by either of them in connection with this Agreement.

7. Limited Distribution. 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) that You are not listed on any U.S. government list of restricted parties.

8. Privacy. Paratype’s collection and use (if any) if 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 Paratype’s privacy policy.

9. Intellectual and Industrial Property Rights. You agree that the Licensed Font Software is protected by the copyright law and other intellectual and industrial property rights of the United States and its various States, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties. You agree that Paratype and or/its licensors own all right, title and interest in and to the Licensed Font Software, its structure, organization, code, and related files, including all intellectual and industrial property rights therein such as copyright, design and trademarks rights. You agree that the Licensed Font Software, its structure, organization, code, and related files are valuable property of Paratype and/or its licensors and that any intentional or negligent use of the Licensed Font Software not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights. All rights in and to the Licensed Font Software, including unpublished rights, are reserved under the copyright laws of the United States and other jurisdictions.

10. Waiver. No waiver by Paratype, whether express or implied, of any provision or breach of this Agreement shall constitute a continuing waiver of such provision or a waiver of any other provision or breach of this Agreement.

11. Other Licenses. Your access to the Typekit Service does not include the right to (i) embed the Licensed Font Software into hardware or software products (other than an electronic document as expressly permitted under the terms of use for the Typekit Service) or (ii) install the Licensed Font Software onto a server. These licenses are available from Paratype.

Paratype Inc. PO Box 3617 Saratoga CA 95070 USA Paratype can be reached at the following email address: fonts@paratype.com.