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Rui Abreu

Rui Abreu EULA v2017.05.01

R-TYPOGRAPHY END USER LICENSE AGREEMENT FOR TYPEKIT MARKETPLACE

Please read this document carefully and we recommend that you print a copy for further reference.

This R-Typography End User License Agreement for Typekit Marketplace (“License” or “Agreement”) will apply between R-Typography and you if you purchase a license or licenses to use R-Typography’s font software, including the design of the fonts embodied therein (Fonts). R-Typography, not Adobe, is solely responsible for the licensed software.

The terms of this Agreement covers use of the Font exclusively within the Typekit Service. By installing or using the Font, 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 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. 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 on and through the Typekit Service.

The license granted is not exclusive to you and may not be transferred by you.

You agree that Rui Abreu owns all rights, including (without limitation) intellectual property rights, and title in and to the Fonts and all trademarks, registered and unregistered which are used in or in relation to the Fonts.

  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. “R-Typography” means Rui Abreu - Typography, Unipessoal LDA, A company based in Avenida de Madrid, 7, 3º esq, 1000-193 Lisboa, Portugal. “Font” means the fonts or font families that R-Typography 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 R-Typography 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. License 2.1 Subject to payment of the price in full, R-Typography grants you a limited a non-exclusive, non-transferable (except as permitted by law), revocable license to access the Font in the Typekit Marketplace and to use the Font on and through the Typekit Service. 2.2 If you are a design consultancy, advertising agency, or purchasing this license for use by or on behalf of such an entity, the ultimate end user should also purchase a license appropriate for the intended use of the Font. Specifically, if the ultimate client will need copies of the Font, the client must also purchase a License. The license granted herein is for individual use and does not extend to uses by temporary employees, freelance or independent contractors using the Font in professional environments or for other professional uses.

  3. Intellectual Property The design of the Font, and any trademarks associated therewith are the exclusive property of R-Typography and are protected by the copyright and other intellectual property laws of Portugal, the European Union, the laws of other nations, and by other international treaties. You agree to treat the Font as you would any other copyrighted material, such as a film or book.

  4. Warranty 4.1 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. 4.2 Rui Abreu warrants that the Font will be free from defects in materials and workmanship under normal use for ninety (90) days following delivery of the Font. Rui Abreu hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RUI ABREU DOES NOT WARRANT THAT THE OPERATION OF THE FONT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT IS WITHOUT DEFECTS.

  5. Maintenance and Support In the event you find an error in the Font Software, R-Typography will provide you with support, if R-Typography 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.

  6. Legal Compliance 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 R-Typography’s use of any personal information that can be used to 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 R-Typography’s privacy policy.”

  8. Exclusions and Limitation of Liability UNDER NO CIRCUMSTANCES SHALL RUI ABREU BE LIABLE TO YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONT EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. You hereby agree that your entire, exclusive, and cumulative liability and remedy shall be limited to the cost of the Font or replacement thereof, at Rui Abreu’s discretion.

  9. Miscellaneous 9.1 You expressly agree that this Agreement shall be governed by the laws of Portugal, as they apply to contracts 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 courts in Lisbon, Portugal. You hereby expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. 9.2 The Agreement shall automatically terminate in the event you or any authorized user breaches the terms set forth herein. 9.3 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.

For more information or support, please contact info@r-typography.com. Avenida de Madrid, 7, 3º esq, 1000-193 Lisboa, Portugal.

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