Mobile Applications License Agreement

This Font Software Mobile Applications License Agreement (the "Agreement") is a binding contract between you and Out of Step Font Company. The Agreement becomes binding when you download the software or acquire the software from any hard media.

If you refuse to be bound by the Agreement, you cannot download or use the Font Software.

Please read this entire Agreement before agreeing to be bound. It is recommended that you print this Font Software License Agreement for further reference.

1         Acceptable Use

This Mobile Applications License Agreement is intended to apply to limited usages of the Font Software. The acceptable use of the Font Software under the License Agreement is described in the following section.

The Mobile Applications License entitles you to the use of the Font Software as listed below. Limitations and exemptions on the below-listed usages are further described in the Agreement.

  • Use of Font Software embedded in a separate and distinct stand-alone software product (Mobile Application)
  • The Mobile Application is made commercially or freely available
  • The Mobile Application runs on a single application platform
  • The Mobile Application is made available to users directly or through a distributor
  • New license required for a revised or updated Mobile Application

1.1      Application Platforms

Application platform is understood to mean a hardware device operating system which runs software applications authorized solely for the application platform.

1.1.1     Exemptions

The following uses are exempted from requiring a Mobile Applications License:

  • Static graphic images included in a Mobile Application (see Standard and Multi-Use License Agreement)
  • Regional or format variations of a Mobile Application for which a license is held
  • Updated or revised versions of a Mobile Application for which a license is held, if offered free to previous customers
  • Applications not bound by this agreement (see Server License Agreement)

1.2      Embedding

The Font Software may be embedded into Mobile Application if

  • a license is held for that individual Mobile Application,
  • the Font Software is embedded through the use of a file format that protects the Font Software by means of encryption or other means,
  • the Mobile Application is distributed in a secure format that does not permit the extraction of the embedded Font Software, such as but not limited to iOS, Windows RT, WebOS, or Android,
  • the Font Software cannot be accessed by any user outside the Mobile Application,
  • the Font Software is not installed in the operating system of the device on which the Mobile Application is running,
  • the Font Software is not embedded into hardware of any kind,
  • the Mobile Application does not allow the generation of documents, data files, or other output such as but not limited to Adobe PDFs, spreadsheets, word processing documents, or static images,
  • the Mobile Application is not a server component in a client / server architecture, and
  • the Font Software is not offered as part of a product released under an open source software agreement.

2         Binding Agreement

You hereby agree to be bound by this Agreement and you acknowledge that all use of the Font Software is governed by this Agreement.

3         License Grant

You are hereby granted a non-exclusive, non-assignable license to embed the Font Software

  • only into one (1) Mobile Application for use on a single application platform,
  • only where such Mobile Application is distributed in a secure format that does not permit the extraction of the embedded Font Software,
  • only subject to all the terms and conditions of the Agreement.

You may not give, lend, sell, rent, lease, or sublicense the Font Software, or any copy thereof, except as expressly provided in this Agreement.

3.1      Proof of Licensure

Your purchase receipt is your record of licensure. The purchase receipt lists the owner of the license, and the name of the Font Software licensed. A copy of the purchase receipt is retained by Out Of Step Font Company.

3.2      Transfer of the License

Grant of the license, consisting of all your rights to use the Font Software, may be transferred to another person or legal entity provided that

  • the transferee accepts this Agreement,
  • the transferee agrees to be bound by all terms and conditions of the Agreement, and
  • you destroy all copies of the Font Software, including permanent removal of all copies recorded onto all forms of digital physical storage media.

3.3      Alterations to Font Software

You may not alter, change, or modify the Font Software. The includes the addition of functionality that the Font Software did not have when delivered to you by Out of Step Font Company, or part of the coding stating that the Font Software is only authorized for certain purposes.

3.4      Copies of the Font Software

You have the right to one (1) back-up copy of Font Software. The back-up copy is to be used for archival purposes only, such as to restore the Font Software in case of hardware failure.

You shall retain exclusive custody and control over the back-up copy.

The one (1) back-up copy must contain the same copyright, trademark, and other proprietary notices that appear in the Font Software.

The back-up copy of the Font Software must be destroyed upon termination of the Agreement.

4         Intellectual and Industrial Property Rights.

4.1      Jurisdiction

You agree that the Font Software is protected by the copyright law and other intellectual and industrial property rights of Canada and its various Provinces, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties.

4.2      Limitations

Under the terms of this agreement, you may not

  • copy the Font Software, except as expressly provided herein,
  • adapt, modify, alter, translate, convert, or otherwise change the Font Software,
  • create Derivative Works from Font Software or any portion thereof,
  • use Font Software in connection with software and/or hardware which create Derivative Works of such Font Software,
  • reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or instructions of the Font Software, unless located in a European Community member country where such conduct is legal, and the conduct is in accordance with the applicable local law, and
  • change any trademark or trade name designation for the Font Software,

Under the terms of this agreement, you further agree

  • that Out of Step Font Company owns all right, title and interest in and to the Font Software, its structure, organization, code, and related files, including all intellectual and industrial property rights therein such as copyright, design and trademarks rights,
  • that the Font Software, its structure, organization, code, and related files are valuable property of Out of Step Font Company and that any intentional or negligent use of the Font Software not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights,
  • to use trademarks associated with the Font Software according to accepted trademark practice, including identification of the trademark owner's name,
  • that the use of any trademark as authorized herein does not give you any rights of ownership in that trademark. All use of any trademark shall inure to the sole benefit of Out of Step Font Company.

5         Limited Warranty

The Font Software is provided with a limited warranty. The Font Software is warranted to perform in accordance with its documentation a period of ninety (90) days following download of the Font Software.

If the Font Software does not perform substantially in accordance with its documentation, the entire, exclusive, and cumulative liability and remedy shall be limited to the refund of the license fee you paid to Out of Step Font Company to purchase the Font Software.

5.1      Exclusions

No warranty is provided on the performance or results obtained through the use of the Font Software.

6         Termination

This Agreement shall be terminated immediately upon failure by you or any member of the License Unit to comply with the terms of this Agreement. Notice of termination will be communicated by regular mail, telefax or email.

Termination of the Agreement does not preclude Out of Step Font Company from suing you for damages as the result of any breach of the Agreement.

7         Modification

This Agreement may only be modified in writing, and the modifications will only be valid if signed by an authorized officer of Out of Step Font Company.

8         Company Information

Out Of Step Font Company
PO Box 67529, Dundas Spadina PO
280 Spadina Ave
Toronto, ON, M5T1A0
Canada
info@outofstepfontco.com
http://outofstepfontco.com

V1.0, April 24, 2015


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