IMPORTANT – PLEASE READ CAREFULLY: This TESTING LICENSE End User Agreement (“EULA” or the “Agreement”) is a legal agreement between You and HadiType Foundry. We recommend that You save or print a copy of this License for your reference. By placing an order and accepting the HadiType Foundry Font Software or clicking the “I Accept” button, You acknowledge that You have read all of the terms and conditions of this Agreement and that You agree to them. If You do not agree to be bound by this Agreement, do not purchase this License or take delivery of the software.
THIS LICENSE IS FOR THE USE OF THE STUDENT USE OF FONT SOFTWARE ONLY AND THE RIGHTS GRANTED HEREIN DO NOT PERMIT PROFESSIONAL USES AND WILL TERMINATE ON THE DATE YOU GRADUATE, WITHDRAW FROM, OR OTHERWISE LEAVE SCHOOL.
1. This License is for the purposes of granting you the right to use the Font Software for a limited time for student project purposes only. For the purposes of the License, “Font Software” shall be defined as the design of the Fonts together with the Font Software which, when used generates typeface and typographic designs and ornaments. You hereby agree that the Font Software shall further comprise all bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. The Font Software shall be deemed to include any upgrades, updates, related files, permitted modifications, permitted copies, and related documentation.
2. You are permitted to use the Font Software only during the term of education and only for student projects. No professional use of the Font Software is permitted, even while you are a student. You may use the Font Software to show work to potential clients but if the Font Software is used for professional purposes, a license appropriate for the intended use is required. No distribution is permitted.
3. HadiType Foundry or the owner of the Font Software and their successors and assigns, retain all right and title in and to the Font Software together with the design of the Font embodied therein together with any trademarks used in connection therewith. Except as may be otherwise expressly permitted herein, you agree not to copy the Font Software or create derivative works based upon the design of the Font or the Font Software. You hereby agree that the design of the Font and the Font Software and that the unauthorized use of the design of the Font or the Font Software is an infringement of HadiType Foundry’s or the owner’s exclusive rights, causing significant monetary harm. All rights not expressly granted herein are reserved to HadiType Foundry. HadiType Foundry’s rights and remedies in the event of an infringement shall be cumulative in nature.
4. It is understood that during the course of your educational use of the Font Software you may wish to alter the Font Software in some manner. You expressly agree that all such alterations shall be derivative versions of the works shall be “works made for hire” as that term is understood and enforceable under copyright law and shall be the exclusive property of ITF or the owner of the Font Software. You may not sell or distribute any derived version of the Font Software. The Font Software may not be used to create or distribute any electronic document or other products outside of the testing purposes.
5. You may make one (1) backup copy of original Font Software for archival purposes only and you agree to retain exclusive custody and control over any such copy. Upon termination of the Agreement, you must destroy the original and any and all copies of the Font Software. Absent a separate written agreement to the contrary, you further represent and warrant that you shall destroy any backup copies of any amended, changed, or works derived from the Font Software. The unauthorized sharing, lending, renting, sale, or other unauthorized use or misuse of the backup copy is a material breach of this Agreement and will result in the immediate termination of this License.
6. The design of the Font, the Font Software are protected by the copyright and other intellectual property law of India and by the copyright and intellectual property laws of other nations, and other international treaties. You may not copy the Font Software except as may be required for student and educational purposes. All copies of the Font Software must contain the same copyright, trademark, and other proprietary notices that appear on or in the Font Software. In the event of any breach of this Agreement, you expressly agree that the harm to HadiType Foundry or the owner of the Font Software shall be irreparable and impossible to ascertain and, by reason thereof, HadiType Foundry and/or the owner of the Font Software shall be entitled to seek injunctive relief without the obligation of bond together will all other remedies under equity and law.
7. Except as may be required for Testing Purposes, You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or otherwise attempt to discover the source code of the Font Software. All trademarks shall be used in accepted trademark practice, including identification of the trademark owner’s name. Use of the trademarks associated with the Font Software inures solely to the benefit of ITF or the owner of the Font Software. You may not change any trademark or trade name designation for Font Software.
8. You expressly agree that you shall not use, distribute or otherwise implement the use of any derived version of the Font Software.
9. The license granted herein does not extend to uses by temporary employees, freelancers, or independent contractors using the Font Software in professional environments or for other professional uses.
10. If the Font Software is found to be defective within ninety (90) days of the date of delivery to the Licensee, ITF will, upon proof of license, provide suitable replacements at no charge to the Licensee. The entire risk of performance and quality of the end product created by the Licensee lies with the Licensee. ITF does not warrant that this Font Software will operate with any software or hardware products, or that it will satisfy your requirements. ITF's entire liability to the Licensee will not extend beyond the replacement of defective media. You expressly acknowledge and agree that use of the Font Software is at your sole risk. The Font Software and related documentation are provided "AS IS" and, except as noted herein, is without warranty of any kind and ITF and its affiliated companies (together, "ITF") hereby EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ITF DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE FAIL-SAFE OPERATION MAY BE REQUIRED. THE FONT SOFTWARE MAY NOT BE USED IN MANUFACTURING, NAVIGATION, AND CONTROL EQUIPMENT OR IN ANY OTHER CIRCUMSTANCES WHERE THE USE OR FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. UNDER NO CIRCUMSTANCES SHALL ITF BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. HadiType Foundry's sole liability to You shall in no event exceed the replacement of the Font Software.
11. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, implied warranties or implied warranties. ANY IMPLIED WARRANTY OR CONDITION CREATED BY LAW IS ONLY EFFECTIVE FOR THE THIRTY-DAY (30-DAY) WARRANTY PERIOD. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE THIRTY-DAY (30-DAY) WARRANTY PERIOD. The exclusions noted above may not apply to You. Otherwise, and to the extent permissible by law, You agree that all implied warranties are not effective for more than thirty (30) days.
12. This Agreement represents the entire Agreement between HadiType Foundry and You. This Agreement supersedes any other License Agreement. This Agreement may only be modified by HadiType Foundry in a writing. If You have any questions concerning this Agreement or any matters regarding our products, please email: firstname.lastname@example.org.
13. Compliance with Law and Export Restrictions. You agree to be responsible for your compliance with all laws and regulations, foreign and domestic, relating to the control of exports or the transfer of technology as they may relate to the Font Software.
14. 14. Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by HadiType Foundry with a provision that most closely affects the intent of the invalid provision.
15. Waiver. Waiver of any right(s) at any time shall not constitute an ongoing or permanent waiver of any right(s).
16. Entire Agreement. This Agreement constitutes the entire understanding between the parties and supersedes all previous agreements, promises, representations and negotiations between the parties.
17. Headings. The captions of the sections of this License Agreement are for convenience only and shall not control or affect the meaning or construction of any of the terms or provisions of this Agreement.