Process Type Foundry

Process Type Foundry, LLC Foundry End User License Agreement

Notice to user: This Foundry End User License Agreement (“Foundry EULA”) covers use of Licensed Font(s), as defined in Section 1.4, for use exclusively within the Typekit service. Please read this agreement carefully. By installing or using all or any portion of the Licensed Fonts, 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 “Foundry” means Process Type Foundry, LLC having a place of business at PO Box 270908, Golden Valley, Minnesota 55427, the owner or the authorized licensor of the rights in and to the fonts/font families licensed to You under this agreement and its respective foundry licensors.

1.2 “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.

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

1.4 “Licensed Font(s)” or “Licensed Font Software” means the font(s) or font families and the software that the Foundry licenses to you through the Typekit Marketplace for your use pursuant to this Foundry EULA.

1.5 “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.

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

1. Use of Licensed Fonts; Font License; Controlling Terms

2.1 License Grant. This agreement is between you and Foundry. Foundry 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 the Licensed Font Software on and through the Typekit Service in accordance with the terms and conditions of this Foundry License. Foundry and you acknowledge that this agreement is solely between Foundry and you and not with Adobe. The Foundry, not Adobe, is solely responsible for the Licensed Font Software.

2.2 Use of Licensed Fonts. Your use of the Licensed Font Software is governed by this Foundry EULA. Your use of the Service is governed by this Foundry EULA, 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 Foundry EULA by this reference.

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

2.4 Support. In the event of any failure of the Licensed Font Software to conform to any applicable warranty, you may notify Adobe, and Adobe may, at its discretion, refund the purchase price for the Licensed Font Software to you. To the maximum extent permitted by law, neither Foundry nor Adobe will have any other warranty obligation whatsoever with respect to the Licensed Font Software. Foundry will provide reasonable maintenance and support for the Licensed Font Software or as may be required by law. Adobe will have no obligation to provide any maintenance and support services with respect to the Licensed Font Software.

2.5 Originality. 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, Foundry will be responsible for the (if any) investigation, defense, settlement and discharge of any such intellectual property claim.

1. Warranty. Foundry 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 Foundry 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. NEITHER FOUNDRY NOR ADOBE WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE LICENSED FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR FOUNDRY’S BREACH OF WARRANTY. THE LICENSED FONT SOFTWARE MAY NOT BE USED IN ANY CIRCUMSTANCES WHERE THE USE OR FAILURE OF THE LICENSED FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, FOUNDRY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL FOUNDRY 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. Adobe is not responsible for any product warranties, whether express or implied by law.

2. Governing Law. The Agreement will be governed by the laws of the State of Minnesota applicable to contracts entered into and wholly performed within the state without regard to its conflict of law. All disputes related to the Agreement shall be heard in a location deemed convenient by Foundry. Both Parties agree to the personal jurisdiction and mandatory, exclusive venue of these courts in any action related to this Agreement; and to waive all defenses based upon the selection of the jurisdiction and forum; and to service of process by certified mail, return receipt requested. This Agreement shall not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

3. 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.

4. Privacy. 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 Foundry’s or Adobe’s privacy policy, whichever offers the most protection of your privacy.

5. Rights Reserved. All rights in and to the Licensed Font Software, including the trademarks, trade names associated with the Licensed Font Software together with any unpublished or unregistered rights, are reserved by Foundry under the intellectual property laws of the United States and other jurisdictions. All rights reserved. Except as may be permitted under this Foundry EULA, you may not copy, use the Licensed Font Software beyond the authorized and licensed uses, create derivative works based on the Licensed Font Software or the designs embodied therein, distribute or embed the Licensed Font Software in other software.

6. Waiver. No waiver by Foundry, 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.

7. Contact. For further information, support or to make any claim regarding the Licensed Fonts contact: info@pocesstype.com

Process Type Foundry, LLC. © 2017 All Rights Reserved