This End User License Agreement (Agreement) is made between you, the purchaser (You), and Betatype, LLC (Betatype). By purchasing and/or using the Betatype digital typeface software (Fonts), you are agreeing to be bound by the terms of this Agreement. If you do not accept the terms, please do not complete the purchase transaction, or, as applicable, uninstall or return the Fonts immediately. \r

License Grant\r
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Betatype grants to You the non-exclusive, non-transferrable, perpetual (except as may be revoked pursuant to this Agreement) license to use the Fonts on five computers for up to five users, whether for personal or business use, for the benefit of You and Your direct clients or customers. If You wish to use the Fonts on additional computers, You must purchase additional licenses. Any other use of the Fonts must be agreed to in writing in advance by Betatype. \r

Restriction on Use\r
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This Agreement does not give You the right to sublicense, rent, sell, or assign your rights to the Fonts, nor any other right not specifically granted above. You may not use, make available for use, transfer, license, sell or otherwise distribute the Fonts in such a manner that a person can extract or access the Fonts as electronic files. You may use Fonts as part of a web page, provided You take reasonable care to ensure the Fonts cannot be downloaded separately or in a format that can be used by a visitor to the website, or otherwise extracted or accessed by the user to author content using the Fonts. For instance, You may embed the Fonts in a Portable Document Format (PDF) file, but not in a PDF form. You will degrade or subset embedded formats so that third parties cannot easily extract a copy of the Fonts.\r

You may make a reasonable number of backup copies of the fonts for your own purposes, but You agree not distribute the fonts to people outside of your organization, provided, however, that You may send a copy of the fonts as part of a file release to a prepress bureau, if absolutely necessary. In such a case, You shall inform the prepress bureau that the Fonts may not be reused, archived, or transferred. You agree to retain the copyright notice of Betatype and its licensors or content providers and Betatype’s Font identification code as displayed on the Font and as included as part of the electronic file.\r

Ownership\r
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Betatype is the exclusive owner or licensee of the Fonts and any and all intellectual property rights in and to the Fonts. This Agreement does not grant any copyright or ownership in the Fonts to You, only the right to use the Fonts. You agree not to attempt to claim ownership in the Fonts, or to claim copyright protection on any glyph or combination of glyphs contained in the Fonts or any derivative work or modification thereof, or to use the Fonts as part of a copyrighted logo, trademark, or service mark. You may modify the Fonts for Your own purposes, but the copyright remains with Betatype, and any modified Fonts may only be uses on those computers for which You have purchased a license. You may not commission a third party to modify the Fonts without first gaining written permission from Betatype. You may not sell or give away modified versions of the Fonts. If you contest Betatype’s ownership of the Fonts or violate this section of the Agreement, Your license to use the Fonts shall immediately terminate. \r

Warranty\r
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Betatype attempts to produce Fonts to the highest and most up-to-date technical standards, and we test the fonts extensively in the latest versions of technically-compliant applications. If You experience any difficulties with our fonts, Betatype will make commercially reasonable efforts to resolve any issues. If Betatype is unable to resolve such issues, Your sole remedy is to receive a refund of any amounts paid for the Fonts, in which case Your license to use the Fonts shall terminate. Betatype warrants the media containing the Fonts to be free from defects in materials or workmanship for a period of 90 days from the date of purchase. EXCEPT FOR THE FOREGOING, ALL FONTS AND MEDIA PROVIDED TO YOU BY BETATYPE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND. BETATYPE MAKES NO REPRESENTATIONS WITH RESPECT TO ANY FONT OR MEDIA, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING NON-INFRINGEMENT OR OTHER NON-VIOLATION OF RIGHTS, SUITABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. \r

Limitation of Liability\r
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BETATYPE'S ENTIRE LIABILITY AND YOUR ENTIRE REMEDY FOR ANY DAMAGES OR LOSS YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER, WHETHER THE ACTION IS BASED IN TORT OR CONTRACT (INCLUDING NEGLIGENCE) SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE FONTS. IN NO EVENT SHALL BETATYPE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM THIS AGREEMENT (INCLUDING LOSS OF PROFITS OR BUSINESS, LOST OPPORTUNITY OR LOSS OF BUSINESS REPUTATION), EVEN IF BETATYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. \r

Indemnity\r
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You agree to indemnify, defend, and hold Betatype harmless from and against any judgment or claim by any third party arising or resulting from: (a) Your breach or violation of this Agreement; (b) Your use of a Product otherwise than in accordance with the rights granted to You herein; or (c) Your use of a Font in such a manner that violates or infringes any right of another person, including the use of a Font without appropriate model releases, consents or waivers of moral rights, as may be required for such use.\r

Choice of law\r
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This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws provisions. Any action under this Agreement shall be brought exclusively in the courts of the State of California.\r

Entire Agreement\r
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This Agreement represents the full and complete understanding between the parties as to its subject matter and supersedes any prior or contemporaneous oral or written agreement. This Agreement may only be modified by written agreement of the parties. If any provision of this contract is found to be enforceable, it shall not affect the validity of the remainder of the Agreement.\r

© 2008 Betatype. All rights reserved.