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Font End User Agreement

Hoodzpah, Inc. Font End User License Agreement

This Font End User License Agreement (the “Agreement”) becomes a binding contract between you and Hoodzpah, Inc. (a) when you bought this Font you accepted the terms of this LICENSE AGREEMENT or when you accept the Agreement by other means (for instance referring to the Agreement in a purchase order, a confirmation email etc.) or, (b) if you are acquiring Font from a designer or agency, when you open the package in which the Font is contained. If you do not wish to be bound by the Agreement, you cannot access, Use or download the Font. Please read this entire Agreement before agreeing to be bound. The Agreement contains capitalized terms that are defined in Section 13 of the Agreement.

You hereby agree to the following:

1. Binding Agreement. You are bound by the Agreement and you acknowledge that all Use of the Font supplied to you by Hoodzpah, Inc. is governed by the Agreement.

2. License Grant. You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to access the Font (i) only in a Licensed Unit, (ii) for Personal, Internal Business, or Commercial Use, and (iii) only subject to all of the terms and conditions of the Agreement.

3. Embedding Font and Representations of Typeface and Typographic Designs and Ornaments. You may embed the Font into an electronic document or Commercial Product (ii), etc as long as it is distributed in a secure format that does not permit the extraction of the embedded Font, and (iii) in the case where a recipient of an electronic document is able to Use the Font for editing, only if the recipient of such document is within your Licensed Unit.

4. Multi-User Use. The maximum number of simultaneous users is specified at purchase and in your receipt. All users must belong to the same company or household purchasing the font.

5. Commercial Printers. You may embed the Font in an electronic document solely for print and view and provide such electronic document to a commercial printer for printing only.

6. Alterations to Font. You may not alter Font for the purpose of adding any functionality that such Font did not have when delivered to you by Hoodzpah, Inc.. If the Font contains embedding bits that indicate that the Font is only authorized for certain purposes, you may not change or alter the embedding bits.

7. Transfer of the Font. You may not rent, lease, sublicense, give, lend, or further distribute the Font, or any copy thereof, except as expressly provided herein. You may transfer all your rights to use the Font to another person or legal entity provided that (i) the transferee accepts and agrees to be bound by all the terms and conditions of the Agreement and (ii) you destroy all copies of the Font, including all copies stored in the memory of a hardware device. If you are a business or organization, you agree that in case of a reasonable doubt with regard to the proper Use of the Font within your organization, upon request from Hoodzpah, Inc. or its authorized representative, you will within thirty (30) days fully document and certify that Use of any and all Hoodzpah, Inc. Font at the time of the request is in conformity with your valid licenses from Hoodzpah, Inc..

8. Copies. You may make one back-up copy of Font for archival purposes only, and you shall retain exclusive custody and control over such copy. Any copies that you are expressly permitted to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Font. Upon termination of the Agreement, you must destroy the original and any and all copies of the Font.

9. Intellectual and Industrial Property Rights. You agree that the Font is protected by the copyright law and other intellectual and industrial property rights of the United States and its various States, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties. You agree to treat the Font as you would any other copyrighted material, such as a book. You may not copy the Font, except as expressly provided herein. You further agree not to use Font in connection with software and/or hardware which create Derivative Works of such Font. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or instructions of the Font. You agree that Hoodzpah, Inc. owns all right, title and interest in and to the Font, its structure, organization, code, and related files, including all intellectual and industrial property rights therein such as copyright, design and trademarks rights. You agree that the Font, its structure, organization, code, and related files are valuable property of Hoodzpah, Inc. and that any intentional or negligent Use of the Font not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights.

10. Limited Warranty. Hoodzpah, Inc. warrants to you that the Font will perform substantially in accordance with its documentation for the ninety (90) day period following delivery of the Font. To make a warranty claim, you must, within the ninety (90) day warranty period, notify Hoodzpah, Inc.. The entire, exclusive and cumulative liability and remedy shall be that Hoodzpah, Inc. will use reasonable efforts to cause the Font to conform to the documentation as soon as commercially practicable.

11. HOODZPAH, INC. DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR HOODZPAH, INC.’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, HOODZPAH, INC. MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL HOODZPAH, INC. BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF HOODZPAH, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF HOODZPAH, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to ninety (90) days.

12. Termination. Upon failure by you (or any authorized person or member of your immediate household or business to whom you have given permission to Use the Font) to comply with the terms of this Agreement, Hoodzpah, Inc. shall be entitled to terminate this Agreement upon notice by email. The termination of the Agreement shall not preclude Hoodzpah, Inc. from suing you for damages of any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Hoodzpah, Inc..

13. Definitions:

“Commercial Product”

means an electronic document or data file created by Use of the Font which is offered for distribution to the general public (or to some subset of the general public) as a commercial product or other result of your business activity. By way of illustration and not by way of limitation, an electronic book or magazine distributed for a fee shall be considered a Commercial Product; a document distributed in connection with a commercial transaction in which the consideration is unrelated to such document (for example, a business letter, a ticket for an event, or a receipt for purchase of tangible goods such as clothing) shall not be considered a Commercial Product.

“Font”

means software or instructions which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Font shall include all bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font. Font includes upgrades or updates (each of which may be provided to you by Monotype in its sole discretion), related files, permitted modifications, permitted copies, and related documentation.

“Licensed Unit”

The Font that you licensed from Hoodzpah, Inc. for use personally or commercially.

“Hoodzpah, Inc.”

means collectively Hoodzpah, Inc., Inc., its successors and assigns, its parent and affiliated corporations, its authorized distributors, and any third party that has licensed to Hoodzpah, Inc. any or all of the components of the Font supplied to you pursuant to the Agreement.

“Personal or Internal Business Use”

means Use of the Font for your customary personal or internal business purposes and shall not mean any distribution whatsoever of the Font or any component or Derivative Work thereof. “Personal or Internal Business Use” shall include Use of the Font within your Licensed Unit by persons that are members of your immediate household, your authorized employees, or your authorized agents.

“Use”

of the Font shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font, regardless of the location in which the Font resides. “Use” of the Font shall also occur when the software or instructions are executed.

Updated: 11/7/2019

Any questions (including requests for enterprise level licenses above 25 users) may be sent via e-mail to: info@hoodzpahdesign.com.­

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