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PS.TYPE PS.Type EULA v.2017.01.01.1 PS.TYPE END USER LICENSE AGREEMENT FOR TYPEKIT MARKETPLACE

This PS.Type End User License Agreement for Typekit Marketplace (“License” or “Agreement”) is a legally binding contract between you and PS.Type. 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 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 “PS.Type” means PS.Type/pprwrk studio, having a place of business at 1980 SW Latitude Way, Beaverton OR 97005, USA.

1.3 “Font Software” means the fonts or font families that PS.Type licenses to you through the Typekit Marketplace for use exclusively within the Typekit Service pursuant to this Agreement.

1.4 “Typekit Marketplace” means the portion of the Typekit Service through which PS.Type offers for licensing, for the applicable license fee, the fonts or font families licensed by you under this Agreement.

1.5 “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.

1. Grant of License Upon payment in full of the non-refundable license fee, PS.Type 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.

2. Use of the Font Software and Typekit Service Your use of the Font Software is governed solely by this Agreement, and PS.Type, 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.

3. 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:

Software. 5. PS.Type 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 PS.Type. PS.Type 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 PS.Type.

1. 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.

2. Disclaimer of Warranties and Limitation of Liability Adobe is not responsible for any product warranties, whether express or implied by law; and that Adobe may at its discretion, refund the purchase price or the Font Software. PS.Type 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. PS.Type 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 PS.Type 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 PS.Type 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.

3. Indemnity You agree to indemnify and hold PS.Type 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.

4. Support In the event you find an error in the Font Software, PS.Type will provide you with support, if PS.Type 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. Termination This Agreement is effective until termination. PS.Type 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, PS.Type 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.

6. 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, PS.Type, not Adobe, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.

7. 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.

8. Privacy Licensor’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 Licensor’s privacy policy.

9. Entire Agreement This Agreement constitutes the entire agreement between you and PS.Type and supersedes all prior negotiations, understandings or agreements between you and PS.Type concerning the Font Software. This Agreement may only be modified in writing signed by an authorized representative of PS.Type.

10. Notices All notices under this Agreement shall be sent by certified U.S. mail, return receipt requested; commercial overnight carrier with delivery confirmation; or email. Notice is effective on receipt, or on the delivery date if delivered by email. You may send notices to PS.Type at the address set forth in Section 1.

11. Governing Law You agree that any disputes arising from or related to this Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflicts of law principles. You expressly submit to the exclusive jurisdiction of the state and federal courts of the State of Oregon sitting in Oregon over any dispute arising out of or related to this Agreement or to the dealings between the parties during the term of this Agreement, and you expressly waive any jurisdiction or venue defenses. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

12. No Waiver No waiver by PS.Type of any breach or default under this Agreement shall be deemed a continuing waiver or a waiver of any other breach or default, and any failure by PS.Type to enforce any right or seek to remedy any breach under this Agreement shall not constitute a waiver of such rights.

13. 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 PS.Type at 1980 SW. Latitude Way, Beaverton OR 97005 USA or online at mark@pstype.com.