Sudtipos End User License Agreements

revised 26 October 2016

Sudtipos Font Software Typekit Marketplace End User License Agreement (EULA)

This End User License Agreement (Agreement) becomes a binding contract between you and Sudtipos when you purchase a license or licenses to use/install Sudtipos Font Software (Fonts). You and any entity you purchased the Fonts for are bound by the terms of the Agreement. Please read all of the Agreement before you proceed.

When you purchase a Font, you are purchasing a license that grants you specific rights to use that Font under a specific set of conditions. These conditions can vary based on the type of and reach of the license. For example, the number of computers (seats) the font can be installed on, whether it can be used embedded within digital documents, used online in any capacity, to name a few. Please understand, as much as this Agreement defines the rights Sudtipos reserves as it relates to acceptable use of Sudtipos Fonts, it defines the rights you have regarding this software.

If you believe your needs are not clearly addressed or if the terms and conditions need further clarification, please ask us before completing your purchase.

You agree that you do not own any Sudtipos Font. By purchasing a license, you are purchasing the right to use the Font under specific conditions. You cannot share, transfer, lend, or edit the Font software. You agree that Sudtipos owns all rights, intellectual property rights, title, trademark, and copyright, registered and unregistered, to the Fonts or employed as part of the Font software.

Article 1: Your License of Sudtipos Font Software through Adobe Typekit Marketplace

Adobe Typekit Marketplace is an innovation in delivering digital font products straight to your desktop. As such, there are specific points that Sudtipos needs to address that apply specifically to this special license.

1a. End User License

Sudtipos and the end user, You, acknowledge that this EULA is solely between Sudtipos and You and not with Adobe. Sudtipos, and not Adobe, is solely responsible for the Licensed Font Software. You agree to handle font installations in compliance with Adobe’s General Terms of Service which can be reviewed at www.adobe.com/go/terms. To learn more about specific ways you can and cannot use this Font Software, please review Article 3: Permitted Use and Restrictions located below in this agreement.

1b. Licensed Font Software Through the Typekit Service

In short, this license is limited to a non-transferable license to use the Font Software on and through the Typekit Service exclusively, except in jurisdictions where the law provides a right of transfer. For further clarification of your license for this Font Software, please review Article 3: Permitted Use and Restrictions located below in this agreement.

1c. Maintenance and Support

Sudtipos is solely responsible for providing any maintenance and support services with respect to the Licensed Font Software, as specified in the EULA, or as required by applicable law. Sudtipos and You acknowledge that Adobe has no obligation to provide any maintenance and support services with respect to the Licensed Font Software from Sudtipos. This is essentially defined as a warranty extended to You to ensure the Font Software will work in a manner conducive to normal benchmarks of a digital typeface. This is better explained in Article 5: Warranties and Limitations located below in this agreement.

1d. Warranty

Sudtipos is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. You are first asked to contact Sudtipos at sudtipos@gmail.com and detail your issue. In the event of any failure of the Licensed Font Software, through Typekit Marketplace, 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 the end-user. To the maximum extent permitted by law, Adobe will have no other warranty obligation whatsoever with respect to the Licensed Font Software. To read further on the Warranty extended by Sudtipos, please refer to Article 5: Warranties and Limitations located below in this agreement.

1e. Product Claims

Sudtipos and You acknowledge that, in the event of any third party claim the Licensed Font Software or Your possession and use of the Licensed Font Software infringes a third party’s intellectual property rights, Sudtipos, not Adobe, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Speaking of that, it might be a good idea to review Article 4: Rights Reserved to make sure you’re clear.

1f. Legal Compliance

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. If you are, do not license this product. Go away.

1g. How to contact Sudtipos

Simple. Sudtipos is an entity located in Buenos Aires, Argentina. You can send mail to: Jorge Newbery 3988, 1427 Buenos Aires, Argentina, but it is much faster to contact the foundry through: sudtipos@gmail.com. Feel free to direct any questions related to the Licensed Font Software or to receive further clarifications about how you can use it.

1h. Privacy

Your privacy matters. Sudtipos’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. For further clarification on this subject, please refer to www.Sudtipos.com.

1i. Governing Law

First, do not break the law or the requirements set forth in this EULA. Second if You do, please refer to Article 6: Governing Jurisdictions, located below in this agreement, to see where you will have to appear in court.

Article 2: Definitions

2a. “Sudtipos” as used herein shall mean collectively Sudtipos, its successors and assignees, its parent and affiliated corporations, its authorized distributors, and any third party which has licensed to You any or all of the components of the Font Software supplied to you pursuant to the Agreement.

2b. “You”, “Your”, “Customer”, “End User” shall mean collectively any individual or entity who has purchased a license to use a Font. An End User does not refer to a distributor, reseller, platform, sub-licensee, OEM (Original Equipment Manufacturer, or any other form of wholesale buyer, aggregator, etc. Sudtipos Fonts cannot be distributed or sold in any form without prior written consent.

2c. “Font”, “Fonts”, “Typeface”, “Typefaces”, or “Font Software” have interchangeable meanings in this agreement and any communication related to Sudtipos Fonts. They are defined as designs associated with the Fonts identified in a sales report, invoice, or statement provided to you and shall mean software which, when used on an appropriate device or devices, renders typographic or ornamental graphic elements in physical or binary form. Font Software includes upgrades, updates, related files, permitted modifications, permitted copies, and related documentation.

2d. “Glyph” as used herein shall mean any typographic or ornamental graphic element rendered in physical or binary form by the Font Software.

2e. “Use” of the Font Software shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software, regardless of the location in which the Font Software resides.

2f. “Workstation” as used herein shall mean any component by which an individual is able to make Use of the Font Software.

2g. “Derivative Work” shall mean Font Software generated by way of the Use or other access of the binary data contained in the hereto licensed Font Software.

2h. “Personal or Internal Business Use” shall mean Use of the Font Software for your domestic, informational, official, and/or non-commercial purposes and shall not mean any distribution whatsoever of the Font Software or any component or Derivative Work thereof to any party other than those expressly permitted by the terms of the Agreement. “Personal or Internal Business Use” shall not include any Use of the Font Software by persons that are not members of your immediate household, your authorized employees, or your authorized agents. All such household members, employees, and agents shall be notified by you as to the terms and conditions of the Agreement and shall agree to be bound by it before they make use of the Font Software.

2i. “Basic User License” as used herein shall mean the Use of the Font Software on and through the Typekit Service. A “License Extension” must be obtained from Sudtipos for the Use of the Font Software on each additional Workstation not covered by the Basic User License.

2j. “Licensed Unit” as used herein shall mean the quantity of Workstations covered by the Basic User License.

2k. “Digital Commercial Product” as used herein shall mean an electronic document or data file which is offered for distribution to third parties in exchange for a separate fee or other consideration. By way of illustration and not by way of limitation, an electronic book (e-book), or interactive software (video game or any other computer application) distributed for a fee shall be considered a Digital Commercial Product.

2l. “Physical Commercial Product” as used herein shall mean any tangible object which is offered for distribution to third parties in exchange for a separate fee or other consideration. By way of illustration and not by way of limitation, a T-shirt, poster, coffee mug, or rubberstamp shall be considered a Physical Commercial Product.

2m. “Branding System” as used herein shall mean any part of a graphic campaign or styleguide which involves the design and/or repetition of a logo, insignia, emblem, trademark, nameplate, logotype, typeface, symbol, standardized graphic arrangement or layout intended to signify or identify an agency or entity.

2n. “Commercial License” as used herein allows the Use of the Font Software for purposes related to the development or production of any Branding System, Digital Commercial Product, or Physical Commercial Product.

Article 3: Permitted Use and Restrictions

3a. License

You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to access the Font Software (i) only in a Licensed Unit, (ii) only subject to all of the terms and conditions of the Agreement. You have no rights to the Font Software other than as expressly set forth in the Agreement. You agree that Sudtipos owns all right, title and interest in and to the Font Software, its structure, organization, code, and related files, including all property rights therein such as copyright, design and trademarks rights. You agree that the Font Software, its structure, organization, code, and related files are valuable property of Sudtipos and that any intentional Use of the Font Software not expressly permitted by the Agreement constitutes a theft of valuable property. All rights not expressly granted in the Agreement are expressly reserved to Sudtipos.

3b. File Protection

You agree to observe reasonable measures to protect the Font Software from unauthorized access and use by unlicensed individuals or entities.

3c. Copyright Acknowledgement

You acknowledge that the Font Software is protected by the copyright and other intellectual property law of the Argentina and its various States, by the copyright and design laws of other nations, and by international treaties. You may not copy the Font Software, except as expressly provided herein. Any copies that you are expressly permitted to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Font Software.

3d. Trademark Use and Acknowledgement

You agree to use trademarks associated with the Font Software according to accepted trademark practice, including identification of the trademark owner’s name. Trademarks can only be used to identify printed output produced by the Font Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit of Sudtipos. You may not change any trademark or trade name designation for the Font Software.

Article 4: Rights Reserved

4a. You have the rights expressly set forth in the Agreement and no other. All rights in and to the Font Software, including unpublished rights, are reserved under the copyright laws of the Argentina and other jurisdictions. All rights reserved. Notwithstanding the foregoing, to the extent that any law, statute, treaty, or governmental regulation shall be deemed by a court of competent jurisdiction to provide you with any additional or different rights from those provided herein and such rights shall be deemed non-waivable as a matter of law and to supersede the rights specifically provided herein, then such law, statute, treaty, or governmental regulation shall be deemed to be made a part of the Agreement. To the extent that any such rights created by any law, statute, treaty or governmental regulation are waivable, you agree that your acceptance of the Agreement shall constitute an effective and irrevocable waiver of such rights. The Agreement may be enforced by Sudtipos or by an authorized agent acting on behalf of Sudtipos.

4b. You agree that the Fonts and the design of the Glyphs embodied therein are owned exclusively by Sudtipos and that the Fonts’ structure, mapping, and code are valuable trade secrets of Sudtipos. You agree you will make no attempt to reverse-engineer any Font Software or utilized specific Glyphs or code produced by Sudtipos within any other font product.

Article 5: Warranties and Limitations

5a. Sudtipos warrants to you that the Font Software will perform substantially in accordance with its documentation on Workstations that are suitably equipped for Use of the Font Software. No warranty is made with regard to third-party software or hardware that is not specified for Use of the Font Software. The settlement of any warranty claim will be limited to the refund of the license fee paid to Sudtipos for Use of the Font Software. To make a warranty claim, you must, within a thirty (30) day warranty period, contact the Sudtipos to verify the occurrence of the transaction and the basis of the warranty claim.

5b. Sudtipos does not warrant the performance or results you may obtain by using the font software. The foregoing states the sole and exclusive remedies for breach of warranty. Except for the foregoing limited warranty, Sudtipos 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 Sudtipos be liable to you or anyone else for: (i) any consequential, incidental or special damages, including without limitation any lost profits, lost data, lost business opportunities, or lost savings, even if Sudtipos has been advised of the possibility of such damages, or for (ii) any claim against you by any third party seeking such damages even if Sudtipos has been advised of the possibility of such damages.

5c. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so that such limitations may not apply to you. In those jurisdictions, you agree that Sudtipos’s liability for such physical injury or death shall not exceed One Dollar (U.S. $1), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction.

Article 6: Governing Jurisdictions

6a. The Agreement will be governed by the laws of Buenos Aires applicable to contracts wholly entered and performable within such state. All disputes related to the Agreement shall be heard in the Court of Buenos Aires, Argentina. Both you and Sudtipos agree to the personal jurisdiction and venue of these court in any action related to the Agreement. The Agreement will 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.

6b. At any time, Sudtipos may amend these terms under which it licenses the use of the Fonts to You. Sudtipos will provide you with such amended terms and You agree that your continued use of the Font Software is equivalent to acceptance of any changes made to this Agreement. Non-acceptance will result in the immediate termination of this Agreement and you agree to comply with the destruction of all digital copies of the Font Software in your possession.

6c. This Agreement encompasses the entire understanding of the license shared between Sudtipos and You and supersedes all prior arrangements or agreements written, spoken, or otherwise.

Article 7: Termination Of Agreement

The Agreement shall automatically terminate upon failure by you or any of your authorized agents to comply with its terms. The termination of the Agreement shall not preclude Sudtipos from suing you for damages of any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Sudtipos.

Article 8: Contact and Communication

All additional inquiries or communications may be submitted through the Contact form provided on Sudtipos hosted on its website www.Sudtipos.com.

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