App

This Font software for mobile applications End User License Agreement (hereinafter referred to as EULA) is a binding legal agreement between “TYPEDEPOT” LTD. with UIC: 201944474, having its seat and registered address at: Republic of Bulgaria, Sofia 1000, 4-6 “Prespa” Street, floor 1, apartment 2, e-mail address: contacts@typedepot.com and website: https://typedepot.com (hereinafter referred to as Licensor) and you (hereinafter referred to as Licensee) and sets forth the terms and conditions by which you are allowed to download, install and use the Licensor’s Font Software (hereinafter referred to as “Licensed Software” (as defined below)). Please read this EULA carefully before you agree to be bound to its terms and conditions. By clicking “I agree” or similar language, or when you accept this EULA by any other way or by taking any step to install or use the Licensed Software, you represent that you are 18 years of age or older and if applicable, you are duly authorized by your employer to enter into this EULA and you agree to be bound by its terms and conditions. If you do not want to be bound by this EULA, you shall not access, download or use the Licensed Software.

Definitions

For the purposes of this EULA, the following terms below shall have the meanings as described below:

“Font” means a collection of letters, numbers, punctuation, and other symbols which is used to set text (or related) matter.

“Style” means any given alternative in a type family; the equivalent of а typeface or single font.

“Typeface” means an artistic interpretation, or design, of a collection of alphanumeric symbols. A typeface may include letters, numerals, punctuation and more — often for multiple languages. A typeface is usually grouped together in a family containing individual fonts for italic, bold, condensed, and other variations of the primary design.

“Licensed Software” means the font software provided by the Licensor, which when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Licensed Software shall include all bitmap representations of typographic and typeface designs as well as ornaments created by or developed from the Licensed Software. Licensed Software includes updates, upgrades, permitted copies, related files, related documentation and permitted conversions.

“Derivative Work” means binary data based on or developed from the Licensed Software in any form.

“Website” means a collection of related web pages which are organized under a single domain, including sub-domains.

“Device” means a software, hardware or firmware component to which an individual can give commands.

“Use” of the Licensed Software occurs when an individual is able to give commands.

“Embedding” means the inclusion of the Licensed Software in an electronic document.

“Non-transferable” as used herein means that except as expressly provided in this EULA, Licensee is not permitted to distribute, sell, sublicense or transfer in any other way to anyone the products and Licensed Software offered by Licensor.

“Third Party” means a person, entity or other party other than Licensor or Licensee.

“Mobile App” means mobile application software, which is designed to run on the iOS, Android and/or Windows Phone mobile device operating systems.

Grant of License

The following is a legal font software for mobile applications EULA between Licensee or the employer or other entity on whose behalf Licensee is entering into this EULA and Licensor, which sets forth the rights and obligations with respect to the Licensed Software licensed to Licensee.

Upon full payment of the non-refundable licensee fee Licensor hereby grants Licensee the non-exclusive, non-assignable, non-transferable (except as expressly permitted herein), revocable license, without the right to sublicense, to use the Licensed Software, as expressly permitted by the terms and conditions below and subject to the limitations set forth herein.

Permitted uses:

Licensee is allowed to use the Licensed Software in the following ways:

• Licensee is allowed to install and use the Licensed Software to style static, dynamic or editable text only into an iOS, Android and/or Windows Phone Application as specified in the Order Confirmation and distribute worldwide to third parties such application for a term of years indicated at the time of the purchase of the license. Licensee shall own the specified application and control the content of the application and the Licensed Software shall be embedded in a secure manner that does not permit a third party to access the Licensed Software outside of the application. Extra mobile applications can be added to the license by acquiring an upgrade for an additional fee.

• The Order Confirmation contains the maximum number of third parties (users) to whom the application can be distributed which cannot exceed 500,000 end users within a 12 month period. Upon request Licensee undertakes to provide copies of the distribution statistics. Licensee undertakes to purchase a license upgrade in case the distribution limit has been exceeded.

• Licensee is allowed to make one back-up copy of the Licensed Software only for archival purposes. The back-up copy of the Licensed Software shall be kept secure and Licensee shall retain exclusive control over the back-up copy.

• Licensee is allowed to provide a copy of the Licensed Software to a third party application developer working on behalf of the Licensee only to style text in the applications of the Licensee. In such cases the applications’ developer shall agree in writing to comply with all terms and conditions of this EULA. The developer shall further undertake to delete the copy of the Licensed Software after finishing the work. The developer is not allowed to use the Licensed Software for other purposes other than these expressly stated in this paragraph of the EULA.

• Licensee bears the full responsibility for the use of the Licensed Software by any third party who has gained access to it in accordance with the terms and conditions of this EULA. Licensee shall further bear the full responsibility for any acts and omissions of Licensee in violation of this EULA.

Rights reserved

Restrictions on use

• Licensee shall not enter into this EULA if he/she is under the age of 18.

• Licensee shall not and shall ensure that no third party is able to use the Licensed Software for any other purpose other than embedding text into an iOS, Android and/or Windows Phone Application as specified in the Order Confirmation. This includes, but is not limited to, installing the Licensed Software on a desktop or portable computer, using the Licensed Software on a desktop or portable computer, or embedding or in other way including the Licensed Software or the typeface designs in any electronic applications, documentation, hardware, software, devices or in any other form, which is not specifically allowed by this EULA. A separate license shall be obtained from Licensor for an additional fee if Licensee intends to use the Licensed Software for any other use not allowed by this license.

• Licensee shall not and shall ensure that no third party is able to embed the Licensed Software in an application that allows third parties to use the Licensed Software in editable text for generation of output like labelled photos, PDFs, scalable images, static images, word processing documents, advertisements, spreadsheets or other documents or data files.

• Licensee shall not and shall ensure that no third party is able to embed the Licensed Software in an application where the Licensed Software represents a substantial component of the application and also represents the primary value of the functionality of the application into which the Licensed Software will be embedded.

• Licensee shall not and shall ensure that no third party is able to use the Licensed Software on design-on demand or print-on-demand applications such as web-or kiosk-based systems products like clothing or other special items to be customized. A separate license by payment of an additional fee to the Licensor shall be obtained in case Licensee intends to use the Licensed Software for the purposes stated in this paragraph.

• Licensee shall not and shall ensure that no third party is able to lease, rent, sublicense, duplicate, share, lend, sell, give away, distribute, offer, assign or transfer in any way the Licensed Software to any third party, in whole or in part, in any form, whether modified or unmodified, without the express written consent of the Licensor, except as specifically set forth in this EULA.

• Licensee shall not and shall ensure that no third party is able to alter, modify, convert, translate or in any other way change the Licensed Software in any manner, including but not limited to converting the Licensed Software into another font format or use any tool or service to modify the Licensed Software.

• Licensee shall not and shall ensure that no third party is able to create any adaptation, customization, variant of the Licensed Software or other property of the Licensor. Licensee shall not and shall ensure that no third party is able to use the Licensed Software in relation to any font creation or font manipulation program for the purposes of creating an alternative or derivative version of the Licensed Software. Licensee shall not and shall ensure that no third party is able to create any font software which is based upon the typeface designs rendered by the Licensed Software. Licensee shall not and shall ensure that no third party is able to create any font software which incorporates the typeface designs rendered by the Licensed Software.

• Licensee shall not and shall ensure that no third party is able to create any derivative works which use or are based upon the Licensed Software. Any derivative work that uses, incorporates or is based upon the Licensed Software, glypths generated thereby, Fonts embodied therein, including, but not limited to: EPS files, other software, other electronic works, artwork designs, shall be considered а derivative work and shall become the sole property of the Licensor and shall be subject to the terms and conditions of this EULA. Derivative works shall not be leased, rented, sublicensed, duplicated, shared, sold, given away, distributed, offered, assigned or transferred in any way to any third party, in whole or in part, in any form, whether modified or unmodified, without the express written consent of the Licensor.

• Licensee shall not and shall ensure that no third party is able to change the name of the Licensed Software. Licensee shall further not change, delete, remove or cover any trademark, copyright, notice that Licensor includes on, in or with the Licensed Software or on the back-up copy that Licensee is allowed to make under this EULA.

• Licensee shall not and shall ensure that no third party is able to use the Licensed Software other than as expressly provided by the license obtained.

• Licensee shall not and shall ensure that no third party is able to use the Licensed Software in an immoral or defamatory context, or in a way which can be thought illegal, offensive or derogatory.

• Licensee shall not and shall ensure that no third party is able to use the Licensed Software in a way that violates any third party’s intellectual property right and any applicable law or regulation of any country, state, or other governmental entity.

• Licensee shall not and shall ensure that no third party is able to misleadingly represent that the Licensed Software was created by the Licensee or a person other than the Licensor.

Orders and License Parameters

This EULA comes into force when Licensee clicks “Application” and “Add to cart button” or similar language button, in case subscribing online or upon acceptance of an offer provided by the Licensor or if Licensee continues to engage Licensor following receipt of this EULA.

Payment Terms

Licensee shall pay the applicable fees as specified on the website https://typedepot.com of the Licensor. The fees shall be paid on the date the Licensee enters into this EULA. Fees for Licensed Software are published on Licensor’s website and are subject to changes from time to time, which changes will not be applied post factum to existing licenses. Licensor accepts credit card and debit card payments. Licensor has the right to terminate this EULA if the billing information is false, fraudulent or invalid.

Each party shall be responsible for payment of its own taxes as levied under applicable law. Licensee undertakes to pay any applicable import, export, use, gross, sales, value added or similar taxes.

All fees paid under this EULA are nonrefundable. Licensor shall not be obliged to issue refunds’ cancellations under any circumstances except when obliged by law. All requests for refunds’ cancellations shall be made in writing. In case that Licensor concludes that Licensee is entitled to a refund of all or part of the paid fees, the refund will be made using the payment method the Licensee has originally made for the purchase. In the event of cancellation, Licensee’s rights to use the Licensed Software terminate.

Changes to the Licensed Software and pricing

Licensee hereby agrees that:

• Licensor shall not be responsible to Licensee for any modifications and changes to the Licensed Software that Licensor could make at its discretion;

• Licensor shall not be responsible to Licensee for any decision to discontinue, suspend or terminate the Licensed Software or any part(s) of it.

Licensor is allowed at its own discretion to:

• Change and modify any features of the Licensed Software;

• Remove or introduce new Licensed Software;

• Change the prices for the Licensed Software at any time.

Intellectual Property

Licensor is the exclusive proprietor of the Licensed Software and the design embodied within the Licensed Software (typeface design) and owns all right, title and interest in and to the Licensed Software and the design embodied, together with its organization, structure, code and related files. The Licensed Software and design embodied within the Licensed Software (typeface design) are protected by copyright, design and other intellectual property laws of the Republic of Bulgaria as well as other international treaties. Licensee is not allowed to copy the Licensed Software and the design embodied within the Licensed Software, except as specifically otherwise provided in this EULA. The copies that the Licensee is specifically allowed to make in accordance with this EULA shall contain the same trademark, copyright as well as other proprietary notices that appear on or in the Licensed Software. Any use of the Licensed Software and the design embodied as well as its organization, structure, code and related files not expressly permitted by this EULA constitutes an infringement on intellectual and industrial property rights.

Trademarks: For the use of the trademarks associated with the Licensed Software the Licensee shall obtain express consent by the Licensor. The use shall be in accordance with accepted trademark practice, including identification of the proprietor of the trademark. Licensor allows trademarks to be used only for the purposes of identification of the output produced by the Licensed Software and the use of the trademarks as specifically allowed in this EULA does not provide any rights of ownership to Licensee in the trademarks and trade name. Licensee is forbidden to make any changes to the trademarks.

Updates and Upgrades

Nothing in this EULA shall oblige the Licensor to provide updates of the Licensed Software to Licensee under any conditions. If any updates are provided Licensee undertakes to cease using the previous version of the Licensed Software and pay additional fees to Licensor.

Transfer of Rights Prohibited

Licensee is forbidden to assign in any way the rights and obligations under this EULA to any third party without Licensor’s prior written permission. Licensee is forbidden to lease, rent, sublicense, lend, give, further distribute or transfer in any way the rights and obligations under this EULA to any third party without Licensor’s prior written permission. Licensee undertakes not to provide access to the Font Services user account to any third party and to keep the login information to the account in strict confidentiality.

Any assignment and transfer in violation of this EULA shall be considered invalid, void or unenforceable.

Disclaimer of Warranties

Licensor warrants and represents that it has all necessary rights and authority to enter into and perform this EULA. Licensor warrants and represents that the Licensed Software offered by Licensor do not infringe any other intellectual property right. Licensor shall retain all right, title, and interest, including all intellectual property rights, in and to the Licensed Software. Licensee agrees that the use of the Licensed Software is at Licensee’s sole risk as to satisfactory quality performance, accuracy and effort. Licensor licenses, and Licensees accepts the Licensed Software on an “AS IS”, “AS AVAILABLE”, and “WITH ALL FAULTS” basis. Licensor makes no warranties regarding the function or use of the Licensed Software, whether express, implied, or statutory, including without limitation, any implied warranties of merchantability or adequacy for any specific purpose. The Licensed Software has not been produced for use in manufacturing control devices or navigation devices or in circumstances that could result in environmental damage. Licensee bears the whole risk for the quality, performance and use of the Licensed Software. Licensor does not guarantee that the functions included in the Licensed Software will meet Licensee’s expectations or that the operation of the Licensed Software will be uninterrupted or error free or that the Licensed Software is without defects.

Disclaimer of Liability

Licensor’s liability to Licensee under any provisions of this EULA for damages shall be limited to the amounts paid hereunder by Licensee to Licensor. To the maximum extent permitted by applicable law, in no event should Licensor be liable to Licensee or any other party for any incidental, special, consequential or indirect damages, including but not limited to:

• Any loss or damage that may result from Licensee’s inability to use or access the Licensed Software;

• Any loss or damage that may result from any modifications, changes and adjustments which Licensor might make to the Licensed Software;

• Any loss or damage that may result from any momentary or constant suspension or cessation of access to the Licensed Software from any or all countries;

• Any loss or damage that may result from any action against Licensee by third party rightsholders regarding any breach of third party’s rights due to Licensee’s use of the Licensed Software;

• Any loss or damage that may result from any imperfection or defect of the Licensed Software;

• Any loss or damage that may result from any errors or omissions in Licensed Software’s operation;

• Any loss or damage that may result from Licensee’s failure to provide correct information to Licensor;

• Any loss or damage to any computer software and hardware as well as any loss of information;

• Any other kind of loss or damage including lost data, lost profits, lost savings, lost business opportunities, loss of goodwill, business interruption, work stoppage, computer failure, malfunction or damage, any claim brought by third party.

Licensee undertakes to notify Licensor in case of any claim or cause of action associated with Licensee’s use of the Licensed Software.

Licensor and Licensee agree that the limitations set forth in this article are an important component of this EULA and that the price for the Licensed Software is determined by taking into account the existence of these limitations.

Breach and Termination

Licensor might terminate this EULA or suspend Licensee’s rights to use the Licensed Software at any time by written notice to Licensee in the following cases:

• If Licensee breaches any of the terms and conditions of this EULA and fails to cure the breach within 15 days from the date of receipt of breach notification;

• If other person than the Licensee has used the Licensed Software using Licensee’s access rights;

• If Licensee becomes a competitor of Licensor by developing, licensing or distributing font or typeface-related software or services;

• In other reasonable circumstances as determined by Licensor at its discretion.

In the event of termination of this EULA Licensee shall immediately delete the original and all copies of the Licensed Software acquired from Licensor. Licensee shall confirm in writing that the foregoing requirement has been completed. Licensee shall have no further right to use the Licensed Software in accordance with this EULA.

Force Majeure

Licensor shall not be held liable for total or partial non-performance of the obligations under this EULA if it is due to “Force Majeure” (Force Majeure). “Force majeure” means an extraordinary circumstance (event) that could not be foreseen and is not dependent on the will of the parties, such as: fire, industrial accidents, military actions, natural disasters - storms, torrential rains, floods, hailstorms, earthquakes, ice, drought, landslides, etc. natural elements, embargo, government bans, strikes, riots, etc.

When Licensor has been unable to fulfill the obligations due to a force majeure, the Licensor shall be obliged within 10 days to notify in writing the Licensee of its occurrence, as well as the estimated period of validity and termination of force majeure.

Governing Law and Jurisdiction

The whole EULA is subject to the laws of the Republic of Bulgaria. All issues that are not explicitly regulated in this EULA shall be governed by the provisions of the current Bulgarian legislation. All disputes arising out or in connection with this EULA, including disputes regarding its interpretation, execution, nullity and termination as well as all issues not covered, shall be settled amicably by Licensor and Licensee and in case the dispute cannot be resolved amicably, it shall be referred to the competent court.

Severability

Should one or more provisions of this EULA be found to be invalid, void or unenforceable, such provision(s) shall be deemed severable from the remainder of this EULA and shall not affect the validity and/or enforceability of the remaining provisions of this EULA, which will remain in full force and effect.

Relationship of the Parties

Each of the parties shall be an independent contractor. Neither party is, nor shall either party represent itself as, an agent, employee, representative or partner of the other party. Neither party shall have any right, power, or authority to enter into any agreement for or on behalf of the other party, to incur any obligation or liability or otherwise bind the other party. This EULA is not intended to create an agency, partnership, association or joint venture between the parties, or to impose any partnership liability upon either. Additionally, no party has the right to bind the other party, in any manner whatsoever and to any other person, except in accordance with the provisions of this EULA.

Survivability

The expiration or termination of this EULA will not destroy or diminish the binding force and effect of any of the provisions of this EULA that expressly, or by reasonable implication, come into or continue in effect on or after such expiration or termination.

Indemnification

Licensee shall defend, indemnify and hold harmless Licensor, including its branches, successors, subsidiaries, as well as their directors, employees, shareholders and agents against any and all losses, damages, claims, expenses and costs of any kind arising from any use of the Licensed Software other than the uses expressly permitted by this EULA. If litigation is initiated and the competent court determines that the Licensee has breached this EULA, such party shall be liable and obliged to pay to the Licensor the legal fees incurred by the Licensor in connection with the litigation, including any appeals therefrom.

Notice

All communications and notifications between the Licensor and the Licensee under this EULA shall be deemed to be valid if they are sent by certified mail or by e-mail. The communications and notifications sent by e-mail shall not be valid and effective with respect to matters related to indemnity and termination.

Communications and notifications shall be sent to Licensor at the following address: Republic of Bulgaria, having its seat and registered address at: Republic of Bulgaria, Sofia 1000, 4-6 “Prespa” Street, floor 1, apartment 2, or via e-mail at: contacts@typedepot.com .

Communications and notifications shall be sent to Licensee at the address provided by the Licensee in the created account.

Any subsequent modification of addresses shall be reasonably and timely communicated in advance to the effect of this EULA. If any of the parties, changes the mentioned in the previous paragraph addresses without notifying the other party, the latter is not responsible for messages not received, notifications and the like.

Entire Agreement

This EULA constitutes the entire agreement between the parties with respect to the Licensed Software and supersedes all prior or contemporaneous oral or written agreements concerning the same. No amendment or modification to this EULA will be valid unless in writing and signed by both parties.

Disclosures

The Licensed Software is provided by “TYPEDEPOT” LTD., a company registered under the laws of Republic of Bulgaria and having its seat and registered address at: Republic of Bulgaria, Sofia 1000, 4-6 “Prespa” Street, floor 1, apartment 2. You may contact us by sending written correspondence to the above cited address or by emailing us at: contacts@typedepot.com.

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