This package contains digital fonts (the Product), created and manufactured by tyPoland Lukasz Dziedzic (the Foundry) and delivered to you via the Foundrys authorized distributor (the Distributor) as a result of a purchase (the Purchase). By downloading the Product, you are agreeing to be bound by the terms of this Agreement. This Agreement, in conjunction with the receipt that accompanies the Purchase, constitutes the complete agreement between you and the Foundry.
1. Allowed uses
You may use the Product to create documents, scalable drawings and fixed-size images on any surface (collectively: the Images) as long as the Images are not used as a replacement for the Product, i.e. as long as the Images do not represent a substantial subset of the Products character set that could be used to create further Images with different text content.
2. Number of users
The maximum number of simultaneous users is specified in the applicable receipt. All users must belong to the same company or household purchasing the Product.
3. Third parties
You may provide the Product to a graphic designer, printer or other service bureau that is working on your behalf only if they agree to use the Product exclusively for your work, agree to the terms of this license, and retain no copies of the font on completion of the work.
You may not provide the Product or make it accessible to any other third parties.
4. Embedding
You may embed the Product into any document you send to third parties. Such documents may be viewed and printed (but not edited) by the recipients.
You may not under any circumstances embed the Product, or any derivatives thereof, into software or hardware products in which the purchasers of such products will use the Product. Such use requires a different license, which may be offered by the Foundry.
5. Modifications
You may import characters from the Product as graphical objects into a drawing program and modify such graphical objects.
You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Product without Foundrys prior written consent.
6. Copyright
The Product and the accompanying materials are copyrighted and contain proprietary information and trade secrets belonging to the Foundry. Unauthorized copying of the Product even if modified, merged, or included with other software, or of the written materials, is expressly forbidden. You may be held legally responsible for any infringement of the Foundrys intellectual property rights that is caused or encouraged by your failure to abide by the terms of this Agreement.
7. Termination
This Agreement is effective until terminated. This Agreement will terminate automatically without notice from the Foundry or the Distributor if you fail to comply with any provision contained herein. Upon termination, you must destroy the written materials, the Product, and all copies of them, in part and in whole, including modified copies, if any.
8. Product Upgrades
The Distributor may, from time to time, update the Product. Product upgrade pricing may apply.
9. Disclaimer and Limited Warranty
The Distributor warrants the Product to be free from defects in materials and workmanship under normal use for a period of twenty one (21) days from the date of delivery as shown on your receipt. The Distributors entire liability and your exclusive remedy as to a defective product shall be, at the Distributors option, either return of purchase price or replacement of any such product that is returned to the Distributor with a copy of the invoice. The Distributor shall have no responsibility to replace the product or refund the purchase price if failure results from accident, abuse or misapplication, or if any product is lost or damaged due to theft, fire, or negligence. Any replacement product will be warranted for twenty one (21) days. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE PRODUCT, IS PROVIDED AS IS. NEITHER THE DISTRIBUTOR NOR THE FOUNDRY MAKES ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The entire risk as to the quality and performance of the Product rests upon you. Neither the Distributor nor the Foundry warrants that the functions contained in the Product will meet your requirements or that the operation of the software will be uninterrupted or error free.
NEITHER THE DISTRIBUTOR NOR THE FOUNDRY SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT EVEN IF THE DISTRIBUTOR OR THE FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
10. Governing Law
This agreement is governed by the laws of the United States of America and the Commonwealth of Massachusetts.