2) Grant of License Only upon your payment in full, Naipe Foundry grants You a non_exclusive, non_transferable, and terminable license to install and use the Font Software for the number of Authorized Users shown on your invoice. If you need permission for more concurrent users than the licensed number, then you must purchase additional licenses. ¶ You may use the Font Software on any number of devices so long as they are owned and operated by the Authorized Users. ¶ If at any time your use of the Font Software exceeds that which is permitted in Your License, you agree to immediately notify Naipe Foundry and purchase the appropriate Licenses.
3) Exclusive Ownership The Font Software, its glyph shapes, trademarks, copyrights and underlying code remain the exclusive intellectual property of Naipe Foundry and are protected by copyright and intellectual property laws. All rights not expressly granted herein are reserved to Naipe Foundry. ¶ You agree that this term is contractual in nature and that the unauthorized use of the design of the Font and/or Font Software shall be an infringement of Naipe Foundry’s rights, causing significant monetary harm.
4) Back-ups and copies You may make up to two copies of the Font Software for back-up and archival purposes. These may not be stored in a shared server. Unauthorized copying, creating of derivative works, sharing, lending, renting, selling or other unauthorized distribution is not permitted. ¶ If you are a design consultancy, an advertising agency or purchasing this License for use by or on behalf of such an entity, please remember that the actual End User must purchase an appropriate License. That means any clients who need to use the Font Software also have to be Authorized Users with a proper License.
5) Limited Distribution. You may make a temporary copy of the Font Software for use by a commercial printer or service bureau, solely for use in the production of your own materials. You are responsible for making sure this temporary copy gets deleted after serving it’s purpose. ¶ The license granted herein does not extend to temporary uses by any employees, independent contractors or freelancers working for the licensee in uses that are in excess of the number of Authorized Users under this license.
6) Transfer of License. You are permitted to transfer this License to use the Font Software one (1) time only. You are not permitted to purchase a License for resale purposes. ¶ If You transfer this License, You agree that (1) You will transfer the original Font Software together with all documentation, and (2) You will destroy all other copies of the Font Software.
7) Embedding and protection of data You may embed the Font Software on a PDF document solely long as said document is non-editable and the font has been embedded with subsetting enabled. ¶ You may not embed, repackage or include the Font Software in any online or offline archive, font collection, shared server, laser disc, DVD, Blu-Ray, Babylonian clay tablet, web site or CD-rom, irrespective of whether the vectorized Fonts themselves are embedded or if image files of the Font’s glyphs are displayed. ¶ Embedding of the Fonts in commercial products — electronic books, goods for sale, alphabet based products such as adhesive, rub-on lettering or alphabet blocks — shall be governed by a separate License Agreement which can be requested by contacting Naipe Foundry directly. ¶ You agree to compensate Naipe Foundry for any costs, monetary damages or losses resulting from failure to protect the Font Sofware and underlying data.
8) Modifications Only very limited modification is permitted. ¶ You may modify letterforms only when converted to outlines and never in a Font Editor. You may not convert the Font Software to a different font format by yourself or with a service ¶ You may not decompile, reverse engineer, disassemble, modify, alter or change any of the data in the Font Software. You may not open it on a Font Editor. ¶ You agree that Naipe Foundry cannot offer technical support or warranties for any modified Font Software.
9) Termination This License Agreement is effective as of the date of full payment for the License until terminated. This Agreement will terminate automatically if you fail to comply with any provision contained herein. ¶ Upon termination, you must immediately destroy the Font Software together with any documentation, as well as any copies of the Fonts or parts of it. 10) Warranty and Disclaimer Naipe will — at its sole discretion — either replace the Font Software or refund the Licensing fee in the event the Font Software does not perform substantially in accordance with the Documentation provided that any such claim is submitted within thirty (30) days of purchase of this License. Claims have to be submitted along with a copy of your sales receipt. ¶ The Font Software is provided ‘as is’. The entire risk as to the quality and performance of the Font Software rests upon You. ¶ Naipe Foundry disclaims all warranties, representations and guarantee, express or implied, as to fitness for any particular purpose, merchantability or otherwise with respect to the licensed Font Software. ¶ Naipe Foundry does not guarantee that the operation of the Font Software will be uninterrupted or error-free. ¶ Naipe Foundry shall not be liable for any damage, injury, direct of indirect financial or economic loss, loss of profits, legal costs or any other cost, injury or damage whatsoever as a result of the use, installation, dispersion or communication of the Font Software supplied by Naipe Foundry. ¶ You agree to indemnify and hold Naipe Foundry harmless from your breach of this Agreement. Naipe grants you the rights of use of purchased Font Software to you in good faith, and trust that you will adhere to the terms of this Agreement to the best of your ability.
11) Governing Law This Agreement shall be governed, enforced, and construed in accordance to the laws of the Federative Republic of Brazil as they apply to contracts entered into and wholly performed therein. ¶ Any dispute arising from the selling and purchasing of goods from Naipe Foundry shall be settled according to Brazilian law. ¶ The parties elect the Foro da Comarca da Capital do Estado do Rio de Janeiro to settle any disputes emanating from this Agreement, relinquishing all other courts.
12) Complete Agreement and Waiver You acknowledge to be bound by the terms and conditions set herein and further agree that the Agreement is the complete and exclusive statement of the agreement between Naipe Foundry and You, the licensee, which supersedes any prior proposal and prior agreement, both oral and in writing. ¶ The failure of Naipe Foundry to insist upon strict adherence to any term of this agreement on any occasion shall not be construed as a waiver and shall not deprive Naipe Foundry of the right thereafter to insist upon strict adherence to that term or any other term of this agreement.
Pacaembú is a trademark of Naipe Foundry. All rights are reserved.
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