1. Nature and Purpose of the Agreement

By virtue of this Agreement Tipo de Letra grants a license to use the Font Software; the Licensee receives said license and agrees that, at all times, it will be governed by the provisions of (i) the Terms and Conditions of Tipo de Letra; and (ii) the text of this Agreement.

2. Grant of License

Under the terms and conditions hereof, the Licensee shall not have rights (i) of exclusivity on the license; nor (ii) to assign said license. Therefore, the Licensee only acquires the right to embed the Font Software in one Mobile Application or software (and its web-based counterpart) or serve it through a web server in order to render the text of one Web Application up to a maximum combined number of 100,000 distributions and registered or unregistered users, subject to the terms and conditions of this License Agreement. Tipo de Letra reserves all rights not expressly granted to you in this Agreement.

3. Permitted uses and installations

Under this License Agreement the Licensee only has permission to:

3.1 Either:

(A) embed the Font Software in one Mobile Application or Software to an unlimited number of (i) computer operating systems; and/or (ii) mobile device operating systems, for a maximum combined number of 100,000 distributions; or

(B) serve the Font Software to correctly render the text of one Web Application for a maximum combined number of 100,000 registered or unregistered users.

3.2 Serve the Font Software through a web server and embed it in a single Mobile Application, provided both are different touchpoints of the same application.

3.3 Install, host and serve the Font Software through a web server in order to render the text of a single Web Application, using the CSS @font-face rule.

3.4 Embed the Font Software in portable reports that the app generates automatically. Embedding the Font Software in portable reports is allowed if and only if the Licensee implements security measures that make it impossible to extract the Font Software from said portable reports.

3.5 Make a temporary copy of the Font Software and provide it to an external service provider for the sole and express purpose of helping the Licensee to (i) embed or host the Font Software; (ii) or transmit it to a remote web server.

Such service providers may only include web hosting companies, web app design agencies, web developers, and the like.

Provision of temporary copies of the Font Software to said external service providers is allowed if and only if the Licensee takes steps to ensure the providers’ copy of the Font Software is effectively deleted once the service is finished.

3.6 Make all necessary backup copies of the Font Software if and only if the Licensee bound by this Agreement retains full, exclusive custody and control over such copies. The copies must contain the same copyright and trademark notices that appear on or in the Font Software and must be deleted upon the event of a termination of this Agreement should occur.

4. Restrictions and Requirements

Tipo de Letra may audit and review the Workstations of the Licensee to ensure that the license rights are being exercised in accordance with this Agreement. To perform these audits and reviews, a legal representative of Tipo de Letra shall give the Licensee five business days’ notice. Tipo de Letra may, at its discretion, authorize that said audits are carried out by the selfsame Licensee. For this, Tipo de Letra will send a request specifying an inventory of data to be verified, and the Licensee shall draft said inventory.

The inventory issued by the Licensee shall (i) be issued in written form and bear the legend “affirmed under oath”; (ii) state, in plain language, whether or not the use by the Licensee of the Font Software duly complies with the use authorized in the corresponding license; (iii) be signed by the Licensee or by its legal representative; and (iii) be sent to the business address of Tipo de Letra via certified (international) courier.

4.1 In this vein, the present License Agreement forbids the Licensee to:

4.1.1 Rent, lease, sell, sublicense, give, transfer, or distribute the Font Software or any copies thereof (whether temporary or permanent).

4.1.2 Totally or partially alter, modify, adapt, translate, reverse engineer, decompile or change the Font Software be it for the creation of other font formats, the creation of derivative works, or any other purpose.

4.1.3 Embed the Font Software in any application that allows its users to create documents or any other form of custom typesetting (regardless of the purpose of said activity). Said forms of custom typesetting include —but are not limited to— generating document files in PDF format; creating word processing documents, spreadsheets, or presentations; labeling photos; designing bitmap or vector images; or creating, saving, or exporting any other type of document.

4.1.4 Embed the Font Software in an application where the font is a substantial component or represents the core and/or primary value of its functionality.

4.1.5 Use the Font Software in broadcasting, internet, and film to create titles, credits, or any other media content that depicts images in motion which will be conveyed in video format, regardless of its mode of distribution.

4.1.6 Embed the Font Software in games, apps or any other software or work (whether distributed electronically or via physical media), regardless of whether said software or work is intended (i) for sale; (ii) for rent; or (iii) to be given away for free.

4.1.7 Use the Font Software to create any designs, images, publications, documents, or pieces of digital publishing; whether they are intended for commercial or non-commercial use.

4.1.8 Use the Font Software to create (physical or digital) products that (i) depict any of the characters included in the Font Software as the main or primary visual resource; and (ii) are meant for commercial sale. This may include, for example, alphabets of metal pins; name tags and badges; pieces of jewelry; postcards; keychains; t-shirts and apparel; caps, tri-dimensional letters; magnets; toys; and any other commercial products (A) that only use the characters or glyphs of the Font Software as the final product; or (B) wherein text displayed in the Font Software is used as the primary visual resource.

4.1.9 Exceed, in any amount, the allowed number of uses and/or installations allotted under section “2. Permitted uses and installations”, at which point, the Licensee must contact Tipo de Letra to arrange for a second and/or extended license.

4.1.10 Delete, modify, or corrupt the “Font Info” files attached to the Font Software, or otherwise cause said files to become unreadable or unusable.

4.2 In addition to the foregoing prohibitions, the Licensee is required to:

4.2.1 Implement appropriate security measures to (i) prevent other websites from rendering text with the licensed Font Software and/or; (ii) make it impossible to extract the Font Software from the Licensee application.

The Licensee is required to take reasonable measures to host the Font Software on a server he/she/it fully controls and to only make it accessible to domains allowed by the provisions of this agreement.

Said security measures may include preventing hotlinking of the Font Software resources using HTTP referer checking or other techniques and/or solutions that achieve the purpose outlined in the foregoing paragraph.

In the event that the permitted use of the Font Software as per clause 2 above is exceeded in extent of use and/or in the allotted number of uses, Licensee is required to (i) notify Tipo de Letra of said excess within 3 natural days as of the date on which permitted/allotted use is exceeded; and (ii) purchase from Tipo de Letra the appropriate license(s).

Notify Tipo de Letra of any violations to this Agreement, whether by the Licensee him/her/itself, or by any third parties the Licensee reasonably has reason to know are violating the terms of use of the Font Software.

5. Intellectual and Industrial Property Rights

The Licensee agrees that the Font Software is merely licensed —and not sold— by Tipo de Letra for use exclusively in accordance with the terms of this Agreement.

In light of the above the Licensee agrees that Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be) owns all right, title, and interest in —and to— the Font Software, its structure, organization, code, and related files. Said “right, title, and interest” includes all intellectual and industrial property rights on the Font Software (whether economic or moral; whether registered or not) such as copyright, design, patent, trade secret, and trademarks rights.

In addition to the above, the Font Software is protected by laws and international treaties concerning copyright and intellectual property.

The Licensee agrees that the Font Software, its structure, organization, code, and related files (i) are valuable property of Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be); and (ii) are industrial secrets since they (A) are information that is kept confidential under appropriate measures or systems; and (B) signify obtaining and maintaining a competitive or economic advantage before third parties within its economic activities and industry. For these reasons any (intentional or negligent) use of the Font Software not expressly permitted in this Agreement constitutes an infringement of intellectual and industrial property rights and may even constitute a prosecutable criminal offense.

6. Warranty

The Tipo de Letra Font Software (and all files thereof) are created and maintained using updated digital certificates [antivirus?] and employing industry “best practices”. For this reason, Tipo de Letra only guarantees that the [file extensions/types] files (i) function properly when used in the ways and under the authorizations set forth in this Agreement; and (ii) do not contain any sort of malicious and/or invasive software (virus, malware, etc.).

Tipo de Letra warrants to the Licensee for a period of ninety (90) days after the first purchase of the Font Software (the “Warranty Period”) that (i) the Licensed Software will substantially perform in accordance with industry “best practices”; and (ii) the Font Software is created and maintained using updated digital certificates and following industry “best practices” and, therefore, does not contain any known virus or other routine that can disable, erase or otherwise harm the Font Software, or Licensee’s other software or data.

The above warranties specifically exclude defects resulting from: (i) modifications made to the Font Software by anyone other than Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be); (ii) Licensee’s use of the Font Software in connection with any computer equipment or devices that do not meet minimum information security requirements; or (iii) Licensee’s use of the Font Software in a manner that is not authorized in this Agreement. Tipo de Letra does not warrant that use of the Font Software will be uninterrupted or error free. The Warranty Period only applies to the first download of the Font Software to Licensee; this means that delivery or download of Error Corrections, of Updates and of Upgrades shall not restart or have any other effect on the Warranty Period.

Tipo de Letra does not extend any warranty in addition to those mentioned above. This means that —without limitation— Tipo de Letra does not guarantee that:

• The Font Software is reasonably fit for what may be considered “ordinary purposes”, “reasonable”, or “common-sense use” in domestic and/or international markets, regardless of what “fit”, “reasonable”, “common-sense use”, or “ordinary purposes” may be construed to mean in any of said markets’ jurisdictions;
• The Font Software meets specific nor generic standards or levels of functionality, of quality, of aesthetic appeal, of marketability, of accuracy, nor of other characteristics the Licensee may expect or desire, other than the standards or levels specifically implemented in the Font Software by Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be) deliberately have implemented in the Font Software.

7. Termination

Failure by the Licensee to comply with any of the terms of this Agreement or with the Terms and Conditions entitles Tipo de Letra to terminate this Agreement.

The termination of the Agreement shall not prevent Tipo de Letra from suing you for damages of any breach of the Agreement.

Notice of termination (i) shall be given as per the Terms and Conditions; and (ii) Does not imply a waiver by Tipo de Letra of any claims or litigious rights under this Agreement.

When giving notice of termination Tipo de Letra will send a “Request for Certification of Deletion”. Upon reception of this request the Licensee shall have five calendar days to issue and send the corresponding certification of deletion. The certification issued by the Licensee shall (i) be issued in written form and bear the legend “affirmed under oath”; (ii) certify, in plain language, that the Licensee has permanently removed (A) the Font Software from its Workstations and/or web servers; and (B) any backup copies the Licensee main of the Font Software from any storage media; (iii) be signed by the Licensee or by its legal representative; and (iii) be sent to the business address of Tipo de Letra via certified (international) courier.

8. Construction

In this Agreement, unless the context indicates otherwise:

A. The singular includes the plural and the plural the singular;

B. Words that are capitalized shall have the meaning explicitly ascribed to them in Tipo de Letra Terms and Conditions;

C. References to statutes, sections or regulations are to be construed as including all statutory or regulatory provisions consolidating, amending, replacing, succeeding, or supplementing the statute, section or regulation referred to;

D. References to “writing” includes printing, typing, lithography, facsimile reproduction, and other means of reproducing words in a tangible visible form;

E. The words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation” or “but not limited to” or words of similar import;

F. References to clauses are to those of this Agreement unless otherwise indicated;

G. References to agreements and other contractual instruments (such as the Tipo de Letra Terms and Conditions) shall be deemed to include all exhibits and schedules attached thereto and all subsequent amendments and other modifications or updates to such instrument;

H. References to days shall mean calendar days unless otherwise specified; and

I. References to parties include their respective successors and permitted assigns, in the event these exist.

9. Terms and Conditions

The Licensee has separately agreed to the Tipo de Letra Terms and Conditions (web site) which include provisions relating to governing law, personal data protection, jurisdiction, and other legal matters. For any matters not expressly covered in this Agreement the Licensee is bound by the Terms and Conditions. In the event of conflict between the Terms and Conditions and this Agreement, this Agreement shall control.

1. Nature and Purpose of the Agreement

By virtue of this Agreement Tipo de Letra grants a license to use the Font Software; the Licensee receives said license and agrees that, at all times, it will be governed by the provisions of (i) the Terms and Conditions of Tipo de Letra; and (ii) the text of this Agreement.

2. Grant of License

Under the terms and conditions hereof, the Licensee shall not have rights (i) of exclusivity on the license; nor (ii) to assign said license. Therefore, the Licensee only acquires the right to embed the Font Software in one Mobile Application or software (and its web-based counterpart) or serve it through a web server in order to render the text of one Web Application up to a maximum combined number of 100,000 distributions and registered or unregistered users, subject to the terms and conditions of this License Agreement. Tipo de Letra reserves all rights not expressly granted to you in this Agreement.

3. Permitted uses and installations

Under this License Agreement the Licensee only has permission to:

3.1 Use the Font Software in:

(A) One movie, one short, or one series franchise (and any of its seasons, episodes, or chapters); or

(B) Brand-related content released by one traditional broadcast channel; or

(C) Brand-related content released by one internet streaming channel; or

(D) The content of one video advertising campaign related to one brand (as defined in the Terms and Conditions).

3.2 Use the Font Software to create titles, credits, or any other media content that depicts images in motion which will be conveyed in video format, regardless of its mode of distribution.

Examples of images in motion may include moving type, headlines, captions, infographics, and the like.

3.3 Use the Font Software in channels (as defined above) that have a maximum combined number of 100,000 viewers/subscribers.

3.4 Use the Font Software to create designs and images in motion —whether commercial or non-commercial. This includes images intended for web use as long as (i) they are in video format (which may include file extensions such as MOV, MP4, OGG, etc.); and (ii) said images are not used to replace static raster image formats (which may include file extensions such as JPG, PNG or SVG) nor to replace the Font Software itself.

3.5 Make a temporary copy of the Font Software and provide it to an external service provider for the sole and express purpose of helping the Licensee to (i) export; (ii) render; or (iii) broadcast material over which the Licensee holds proper rights.

Such service providers may only include digital marketing companies, film producers, graphic or motion design agencies, and the like.

Provision of temporary copies of the Font Software to said external service providers is allowed if and only if the Licensee takes steps to ensure the providers’ copy of the Font Software is effectively deleted once the service is finished.

3.6 Install a copy of the Font Software in a file server to make it accessible to other Workstations via a local area network (LAN) if and only if the overall 10 workstation-limit is not exceeded, given that in some cases a LAN server could also double as a workstation.

3.7 Make all necessary backup copies of the Font Software if and only if the Licensee bound by this Agreement retains full, exclusive custody and control over such copies. The copies must contain the same copyright and trademark notices that appear on or in the Font Software and must be deleted upon the event of a termination of this Agreement should occur.

4. Restrictions and Requirements

Tipo de Letra may audit and review the Workstations of the Licensee to ensure that the license rights are being exercised in accordance with this Agreement. To perform these audits and reviews, a legal representative of Tipo de Letra shall give the Licensee five business days’ notice. Tipo de Letra may, at its discretion, authorize that said audits are carried out by the selfsame Licensee. For this, Tipo de Letra will send a request specifying an inventory of data to be verified, and the Licensee shall draft said inventory. The inventory issued by the Licensee shall (i) be issued in written form and bear the legend “affirmed under oath”; (ii) state, in plain language, whether or not the use by the Licensee of the Font Software duly complies with the use authorized in the corresponding license; (iii) be signed by the Licensee or by its legal representative; and (iii) be sent to the business address of Tipo de Letra via certified (international) courier.

4.1 In this vein, the present License Agreement forbids the Licensee to:

4.1.1 Rent, lease, sell, sublicense, give, transfer, or distribute the Font Software or any copies thereof (whether temporary or permanent).

4.1.2 Totally or partially alter, modify, adapt, translate, reverse engineer, decompile or change the Font Software be it for the creation of other font formats, the creation of derivative works, or any other purpose.

4.1.3 Transmit the Font Software over the internet for the purposes of serving the fonts to web users or replace the default fonts rendered by a web browser using html, CSS, JavaScript or any other current or future technology.

4.1.4 Embed the Font Software in games, apps or any other software or work (whether distributed electronically or via physical media), regardless of whether said software or work is intended (i) for sale; (ii) for rent; or (iii) to be given away for free.

4.1.5 Use the Font Software to create any designs, images, publications, documents, or pieces of digital publishing (whether they are intended for commercial or non-commercial use) outside of the already stated exclusively allowed uses of exporting digital, screen-targeted video images.

4.1.6 Use the Font Software to create (physical or digital) products that (i) depict any of the characters included in the Font Software as the main or primary visual resource; and (ii) are meant for commercial sale. This may include, for example, alphabets of metal pins; name tags and badges; pieces of jewelry; postcards; keychains; t-shirts and apparel; caps, tri-dimensional letters; magnets; toys; and any other commercial products (A) that only use the characters or glyphs of the Font Software as the final product; or (B) wherein text displayed in the Font Software is used as the primary visual resource.

4.1.7 Exceed, in any amount, the allowed number of uses and/or installations allotted under section “2. Permitted uses and installations”, at which point, the Licensee must contact Tipo de Letra to arrange for a second and/or extended license.

4.1.8 Delete, modify, or corrupt the “Font Info” files attached to the Font Software, or otherwise cause said files to become unreadable or unusable.

4.2 In addition to the foregoing prohibitions, the Licensee is required to:

4.2.1 In the event that the permitted use of the Font Software as per clause 2 above is exceeded in extent of use and/or in the allotted number of uses, Licensee is required to (i) notify Tipo de Letra of said excess within 3 natural days as of the date on which permitted/allotted use is exceeded; and (ii) purchase from Tipo de Letra the appropriate license(s).

4.2.2 Notify Tipo de Letra of any violations to this Agreement, whether by the Licensee him/her/itself, or by any third parties the Licensee reasonably has reason to know are violating the terms of use of the Font Software.

5. Intellectual and Industrial Property Rights

The Licensee agrees that the Font Software is merely licensed —and not sold— by Tipo de Letra for use exclusively in accordance with the terms of this Agreement.

In light of the above the Licensee agrees that Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be) owns all right, title, and interest in —and to— the Font Software, its structure, organization, code, and related files. Said “right, title, and interest” includes all intellectual and industrial property rights on the Font Software (whether economic or moral; whether registered or not) such as copyright, design, patent, trade secret, and trademarks rights.

In addition to the above, the Font Software is protected by laws and international treaties concerning copyright and intellectual property.

The Licensee agrees that the Font Software, its structure, organization, code, and related files (i) are valuable property of Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be); and (ii) are industrial secrets since they (A) are information that is kept confidential under appropriate measures or systems; and (B) signify obtaining and maintaining a competitive or economic advantage before third parties within its economic activities and industry. For these reasons any (intentional or negligent) use of the Font Software not expressly permitted in this Agreement constitutes an infringement of intellectual and industrial property rights and may even constitute a prosecutable criminal offense.

6. Warranty

The Tipo de Letra Font Software (and all files thereof) are created and maintained using updated digital certificates [antivirus?] and employing industry “best practices”. For this reason, Tipo de Letra only guarantees that the [file extensions/types] files (i) function properly when used in the ways and under the authorizations set forth in this Agreement; and (ii) do not contain any sort of malicious and/or invasive software (virus, malware, etc.)

Tipo de Letra warrants to the Licensee for a period of ninety (90) days after the first purchase of the Font Software (the “Warranty Period”) that (i) the Licensed Software will substantially perform in accordance with industry “best practices”; and (ii) the Font Software is created and maintained using updated digital certificates and following industry “best practices” and, therefore, does not contain any known virus or other routine that can disable, erase or otherwise harm the Font Software, or Licensee’s other software or data.

The above warranties specifically exclude defects resulting from: (i) modifications made to the Font Software by anyone other than Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be); (ii) Licensee’s use of the Font Software in connection with any computer equipment or devices that do not meet minimum information security requirements; or (iii) Licensee’s use of the Font Software in a manner that is not authorized in this Agreement. Tipo de Letra does not warrant that use of the Font Software will be uninterrupted or error free. The Warranty Period only applies to the first download of the Font Software to Licensee; this means that delivery or download of Error Corrections, of Updates and of Upgrades shall not restart or have any other effect on the Warranty Period.

Tipo de Letra does not extend any warranty in addition to those mentioned above. This means that —without limitation— Tipo de Letra does not guarantee that:

• The Font Software is reasonably fit for what may be considered “ordinary purposes”, “reasonable”, or “common-sense use” in domestic and/or international markets, regardless of what “fit”, “reasonable”, “common-sense use”, or “ordinary purposes” may be construed to mean in any of said markets’ jurisdictions;
• The Font Software meets specific nor generic standards or levels of functionality, of quality, of aesthetic appeal, of marketability, of accuracy, nor of other characteristics the Licensee may expect or desire, other than the standards or levels specifically implemented in the Font Software by Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be) deliberately have implemented in the Font Software.

7. Termination

Failure by the Licensee to comply with any of the terms of this Agreement or with the Terms and Conditions entitles Tipo de Letra to terminate this Agreement.

The termination of the Agreement shall not prevent Tipo de Letra from suing you for damages of any breach of the Agreement.

Notice of termination (i) shall be given as per the Terms and Conditions; and (ii) Does not imply a waiver by Tipo de Letra of any claims or litigious rights under this Agreement.

When giving notice of termination Tipo de Letra will send a “Request for Certification of Deletion”. Upon reception of this request the Licensee shall have five calendar days to issue and send the corresponding certification of deletion. The certification issued by the Licensee shall (i) be issued in written form and bear the legend “affirmed under oath”; (ii) certify, in plain language, that the Licensee has permanently removed (A) the Font Software from its Workstations and/or web servers; and (B) any backup copies the Licensee main of the Font Software from any storage media; (iii) be signed by the Licensee or by its legal representative; and (iii) be sent to the business address of Tipo de Letra via certified (international) courier.

8. Construction

In this Agreement, unless the context indicates otherwise:

A. The singular includes the plural and the plural the singular;

B. Words that are capitalized shall have the meaning explicitly ascribed to them in Tipo de Letra Terms and Conditions;

C. References to statutes, sections or regulations are to be construed as including all statutory or regulatory provisions consolidating, amending, replacing, succeeding, or supplementing the statute, section or regulation referred to;

D. References to “writing” includes printing, typing, lithography, facsimile reproduction, and other means of reproducing words in a tangible visible form;

E. The words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation” or “but not limited to” or words of similar import;

F. References to clauses are to those of this Agreement unless otherwise indicated;

G. References to agreements and other contractual instruments (such as the Tipo de Letra Terms and Conditions) shall be deemed to include all exhibits and schedules attached thereto and all subsequent amendments and other modifications or updates to such instrument;

H. References to days shall mean calendar days unless otherwise specified; and

I. References to parties include their respective successors and permitted assigns, in the event these exist.

9. Terms and Conditions

The Licensee has separately agreed to the Tipo de Letra Terms and Conditions (web site) which include provisions relating to governing law, personal data protection, jurisdiction, and other legal matters. For any matters not expressly covered in this Agreement the Licensee is bound by the Terms and Conditions. In the event of conflict between the Terms and Conditions and this Agreement, this Agreement shall control.

1. Nature and Purpose of the Agreement

By virtue of this Agreement Tipo de Letra grants a license to use the Font Software; the Licensee receives said license and agrees that, at all times, it will be governed by the provisions of (i) the Terms and Conditions of Tipo de Letra; and (ii) the text of this Agreement.

2. Grant of License

Under the terms and conditions hereof, the Licensee shall not have rights (i) of exclusivity on the license; nor (ii) to assign said license. Therefore, the Licensee only acquires the right to embed the Font Software in one game title for an unlimited number of distributions, whether for personal or business use subject to the terms and conditions of this License Agreement. Tipo de Letra reserves all rights not expressly granted to you in this Agreement.

3. Permitted uses and installations

Under this License Agreement the Licensee only has permission to:

3.1 Embed the Font Software in one videogame title to play on an unlimited number of Gaming Platforms for an unlimited number of distributions.

3.2 If necessary, embed the Font Software in any Subsequent Downloadable Contents for the same single videogame.

3.3 Embed the Font Software in a game where the font is a substantial component of the game or represents the core and/or primary value of its functionality (including custom typesetting), if and only if use of the font remains completely playful/recreational and is not intended for work nor for productivity.

“Work” and “productivity” applications may include generating pdfs; creating word processing documents, spreadsheets, or presentations; labeling photos; designing bitmap or vector images; or creating, saving or exporting any other type of document.

3.4 Make a temporary copy of the Font Software and provide it to an external service provider for the sole and express purpose of helping the Licensee to embed the Font Software.

Such service providers may only include game design agencies or developers, and the like.

Provision of temporary copies of the Font Software to said external service providers is allowed if and only if the Licensee takes steps to ensure the providers’ copy of the Font Software is effectively deleted once the service is finished.

3.5 Make all necessary backup copies of the Font Software if and only if the Licensee bound by this Agreement retains full, exclusive custody and control over such copies. The copies must contain the same copyright and trademark notices that appear on or in the Font Software and must be deleted upon the event of a termination of this Agreement should occur.

4. Restrictions and Requirements

Tipo de Letra may audit and review the Workstations of the Licensee to ensure that the license rights are being exercised in accordance with this Agreement. To perform these audits and reviews, a legal representative of Tipo de Letra shall give the Licensee five business days’ notice. Tipo de Letra may, at its discretion, authorize that said audits are carried out by the selfsame Licensee. For this, Tipo de Letra will send a request specifying an inventory of data to be verified, and the Licensee shall draft said inventory. The inventory issued by the Licensee shall (i) be issued in written form and bear the legend “affirmed under oath”; (ii) state, in plain language, whether or not the use by the Licensee of the Font Software duly complies with the use authorized in the corresponding license; (iii) be signed by the Licensee or by its legal representative; and (iii) be sent to the business address of Tipo de Letra via certified (international) courier.

4.1 In this vein, the present License Agreement forbids the Licensee to:

4.1.1 Rent, lease, sell, sublicense, give, transfer, or distribute the Font Software or any copies thereof (whether temporary or permanent).

4.1.2 Totally or partially alter, modify, adapt, translate, reverse engineer, decompile or change the Font Software be it for the creation of other font formats, the creation of derivative works, or any other purpose.

4.1.3 Transmit the Font Software over the internet for the purposes of serving the fonts to web users or replace the default fonts rendered by a web browser using HTML, CSS, JavaScript or any other current or future technology.

4.1.4 Use the Font Software in broadcasting, internet, and film to create titles, credits, or any other media content that depicts images in motion which will be conveyed in video format, regardless of its mode of distribution.

4.1.5 Use the Font Software to create any designs, images, publications, documents, or pieces of digital publishing; whether they are intended for commercial or non-commercial use.

4.1.6 Use the Font Software to create (physical or digital) products that (i) depict any of the characters included in the Font Software as the main or primary visual resource; and (ii) are meant for commercial sale. This may include, for example, alphabets of metal pins; name tags and badges; pieces of jewelry; postcards; keychains; t-shirts and apparel; caps, tri-dimensional letters; magnets; toys; and any other commercial products (A) that only use the characters or glyphs of the Font Software as the final product; or (B) wherein text displayed in the Font Software is used as the primary visual resource.

4.1.7 Exceed, in any amount or to any extent, the allowed number of uses and/or installations allotted under section “2. Permitted uses and installations”, at which point, the Licensee must contact Tipo de Letra to arrange for a second and/or extended license.

4.1.8 Delete, modify or corrupt the “Font Info” files attached to the Font Software, or otherwise cause said files to become unreadable or unusable.

4.2 In addition to the foregoing prohibitions, the Licensee is required to:

In the event that the permitted use of the Font Software as per clause 2 above is exceeded in extent of use and/or in the allotted number of uses, Licensee is required to notify Tipo de Letra of said excess within 3 natural days as of the date on which permitted/allotted use is exceeded.

Notify Tipo de Letra of any violations to this Agreement, whether by the Licensee him/her/itself, or by any third parties the Licensee reasonably has reason to know are violating the terms of use of the Font Software.

5. Intellectual and Industrial Property Rights

The Licensee agrees that the Font Software is merely licensed —and not sold— by Tipo de Letra for use exclusively in accordance with the terms of this Agreement.

In light of the above the Licensee agrees that Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be) owns all right, title, and interest in —and to— the Font Software, its structure, organization, code, and related files. Said “right, title, and interest” includes all intellectual and industrial property rights on the Font Software (whether economic or moral; whether registered or not) such as copyright, design, patent, trade secret, and trademarks rights.

In addition to the above, the Font Software is protected by laws and international treaties concerning copyright and intellectual property.

The Licensee agrees that the Font Software, its structure, organization, code, and related files (i) are valuable property of Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be); and (ii) are industrial secrets since they (A) are information that is kept confidential under appropriate measures or systems; and (B) signify obtaining and maintaining a competitive or economic advantage before third parties within its economic activities and industry. For these reasons any (intentional or negligent) use of the Font Software not expressly permitted in this Agreement constitutes an infringement of intellectual and industrial property rights, and may even constitute a prosecutable criminal offense.

6. Warranty

The Tipo de Letra Font Software (and all files thereof) are created and maintained using updated digital certificates [antivirus?] And employing industry “best practices”. For this reason, Tipo de Letra only guarantees that the [file extensions/types] files (i) function properly when used in the ways and under the authorizations set forth in this Agreement; and (ii) do not contain any sort of malicious and/or invasive software (virus, malware, etc.)

Tipo de Letra warrants to the Licensee for a period of ninety (90) days after the first purchase of the Font Software (the “Warranty Period”) that (i) the Licensed Software will substantially perform in accordance with industry “best practices”; and (ii) the Font Software is created and maintained using updated digital certificates and following industry “best practices” and, therefore, does not contain any known virus or other routine that can disable, erase or otherwise harm the Font Software, or Licensee’s other software or data.

The above warranties specifically exclude defects resulting from: (i) modifications made to the Font Software by anyone other than Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be); (ii) Licensee’s use of the Font Software in connection with any computer equipment or devices that do not meet minimum information security requirements; or (iii) Licensee’s use of the Font Software in a manner that is not authorized in this Agreement. Tipo de Letra does not warrant that use of the Font Software will be uninterrupted or error free. The Warranty Period only applies to the first download of the Font Software to Licensee; this means that delivery or download of Error Corrections, of Updates and of Upgrades shall not restart or have any other effect on the Warranty Period.

Tipo de Letra does not extend any warranty in addition to those mentioned above. This means that —without limitation— Tipo de Letra does not guarantee that:

• The Font Software is reasonably fit for what may be considered “ordinary purposes”, “reasonable”, or “common-sense use” in domestic and/or international markets, regardless of what “fit”, “reasonable”, “common-sense use”, or “ordinary purposes” may be construed to mean in any of said markets’ jurisdictions.
• The Font Software meets specific nor generic standards or levels of functionality, of quality, of aesthetic appeal, of marketability, of accuracy, nor of other characteristics the Licensee may expect or desire, other than the standards or levels specifically implemented in the Font Software by Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be) deliberately have implemented in the Font Software.

7. Termination

Failure by the Licensee to comply with any of the terms of this Agreement or with the Terms and Conditions entitles Tipo de Letra to terminate this Agreement.

The termination of the Agreement shall not prevent Tipo de Letra from suing you for damages of any breach of the Agreement.

Notice of termination (i) shall be given as per the Terms and Conditions; and (ii) Does not imply a waiver by Tipo de Letra of any claims or litigious rights under this Agreement.

When giving notice of termination Tipo de Letra will send a “Request for Certification of Deletion”. Upon reception of this request the Licensee shall have five calendar days to issue and send the corresponding certification of deletion. The certification issued by the Licensee shall (i) be issued in written form and bear the legend “affirmed under oath”; (ii) certify, in plain language, that the Licensee has permanently removed (A) the Font Software from its Workstations and/or web servers; and (B) any backup copies the Licensee main of the Font Software from any storage media; (iii) be signed by the Licensee or by its legal representative; and (iii) be sent to the business address of Tipo de Letra via certified (international) courier.

8. Construction

In this Agreement, unless the context indicates otherwise:

A. The singular includes the plural and the plural the singular;

B. Words that are capitalized shall have the meaning explicitly ascribed to them in Tipo de Letra Terms and Conditions;

C. References to statutes, sections or regulations are to be construed as including all statutory or regulatory provisions consolidating, amending, replacing, succeeding or supplementing the statute, section or regulation referred to;

D. References to “writing” includes printing, typing, lithography, facsimile reproduction and other means of reproducing words in a tangible visible form;

E. The words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation” or “but not limited to” or words of similar import;

F. References to clauses are to those of this Agreement unless otherwise indicated;

G. References to agreements and other contractual instruments (such as the Tipo de Letra Terms and Conditions) shall be deemed to include all exhibits and schedules attached thereto and all subsequent amendments and other modifications or updates to such instrument;

H. References to days shall mean calendar days unless otherwise specified; and

I. References to parties include their respective successors and permitted assigns, in the event these exist.

9. Terms and Conditions

The Licensee has separately agreed to the Tipo de Letra Terms and Conditions (web site) which include provisions relating to governing law, personal data protection, jurisdiction, and other legal matters. For any matters not expressly covered in this Agreement the Licensee is bound by the Terms and Conditions. In the event of conflict between the Terms and Conditions and this Agreement, this Agreement shall control.

1. Nature and Purpose of the Agreement

By virtue of this Agreement Tipo de Letra grants a license to use the Font Software; the Licensee receives said license and agrees that, at all times, it will be governed by the provisions of (i) the Terms and Conditions of Tipo de Letra; and (ii) the text of this Agreement.

2. Grant of License

Under the terms and conditions hereof, the Licensee shall not have rights (i) of exclusivity on the license; nor (ii) to assign said license. Therefore, the Licensee only acquires the right to install and use the Font Software in a maximum number of 10 Workstations, whether for personal or business use for the purpose of creating physical or digital commercial products that use and depict any or several of the characters included in the Font Software as the main visual resource, subject to the terms and conditions of this License Agreement. Tipo de Letra reserves all rights not expressly granted to you in this Agreement.

3. Permitted uses and installations

Under this License Agreement the Licensee only has permission to:

3.1 Install and use the Font Software on a maximum number of 10 Workstations, if and only if these Workstations all belong to the same Licensee.

3.2 Use the Font Software to create physical or digital products that (i) depict any of the characters included in the Font Software as the main or primary visual resource; and (ii) are meant for commercial sale. This may include, for example, alphabets of metal pins; name tags and badges; pieces of jewelry; postcards; keychains; t-shirts and apparel; caps, tri-dimensional letters; magnets; toys; and any other commercial products wherein text displayed in the Font Software is used as the primary visual resource.

3.3 Make a temporary copy of the Font Software and provide it to an external service provider for the sole and express purpose of installing it in a single one of its own Workstations (if and only if the overall 10 workstation-limit is not exceeded).

Such service providers may only include printing companies, and the like.

Provision of temporary copies of the Font Software to said external service providers is allowed if and only if the Licensee takes steps to ensure the providers’ copy of the Font Software is effectively deleted once the service is finished.

3.4 Install a copy of the Font Software in a file server to make it accessible to other Workstations via a local area network (LAN) if and only if the overall 10 workstation-limit is not exceeded, given that in some cases a LAN server could also double as a workstation.

3.5 Make all necessary backup copies of the Font Software if and only if the Licensee bound by this Agreement retains full, exclusive custody and control over such copies. The copies must contain the same copyright and trademark notices that appear on or in the Font Software and must be deleted upon the event of a termination of this Agreement should occur.

4. Restrictions and Requirements

Tipo de Letra may audit and review the Workstations of the Licensee to ensure that the license rights are being exercised in accordance with this Agreement. To perform these audits and reviews, a legal representative of Tipo de Letra shall give the Licensee five business days’ notice. Tipo de Letra may, at its discretion, authorize that said audits are carried out by the selfsame Licensee. For this, Tipo de Letra will send a request specifying an inventory of data to be verified, and the Licensee shall draft said inventory.

The inventory issued by the Licensee shall (i) be issued in written form and bear the legend “affirmed under oath”; (ii) state, in plain language, whether or not the use by the Licensee of the Font Software duly complies with the use authorized in the corresponding license; (iii) be signed by the Licensee or by its legal representative; and (iii) be sent to the business address of Tipo de Letra via certified (international) courier.

4.1 In this vein, the present License Agreement forbids the Licensee to:

4.1.1 Rent, lease, sell, sublicense, give, transfer, or distribute the Font Software or any copies thereof (whether temporary or permanent).

4.1.2 Totally or partially alter, modify, adapt, translate, reverse engineer, decompile or change the Font Software be it for the creation of other font formats, the creation of derivative works, or any other purpose.

4.1.3 Use the Font Software to design internal or external communications or design pieces that use the Font Software as a secondary resource (known in the industry as “branding collateral”) and which are not intended to be sold commercially.

4.1.4 Use the Font Software to create publications or electronic documents.

4.1.5 Transmit the Font Software over the internet for the purposes of serving the fonts to web users or replace the default fonts rendered by a web browser using HTML, CSS, JavaScript or any other current or future technology.

4.1.6 Use the Font Software in broadcasting, internet, and film to create titles, credits, or any other media content that depicts images in motion which will be conveyed in video format, regardless of its mode of distribution.

4.1.7 Embed the Font Software in games, apps or any other software or work (whether distributed electronically or via physical media), regardless of whether said software or work is intended (i) for sale; (ii) for rent; or (iii) to be given away for free.

4.1.8 Exceed, in any amount, the allowed number of uses and/or installations allotted under section “2. Permitted uses and installations”, at which point, the Licensee must contact Tipo de Letra to arrange for a second and/or extended license.

4.1.9 Delete, modify, or corrupt the “Font Info” files attached to the Font Software, or otherwise cause said files to become unreadable or unusable.

4.2 In addition to the foregoing prohibitions, the Licensee is required to:

In the event that the permitted use of the Font Software as per clause 2 above is exceeded in extent of use and/or in the allotted number of uses, Licensee is required to (i) notify Tipo de Letra of said excess within 3 natural days as of the date on which permitted/allotted use is exceeded; and (ii) purchase from Tipo de Letra the appropriate license(s).

Notify Tipo de Letra of any violations to this Agreement, whether by the Licensee him/her/itself, or by any third parties the Licensee reasonably has reason to know are violating the terms of use of the Font Software.

5. Intellectual and Industrial Property Rights

The Licensee agrees that the Font Software is merely licensed —and not sold— by Tipo de Letra for use exclusively in accordance with the terms of this Agreement.

In light of the above the Licensee agrees that Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be) owns all right, title, and interest in —and to— the Font Software, its structure, organization, code, and related files. Said “right, title, and interest” includes all intellectual and industrial property rights on the Font Software (whether economic or moral; whether registered or not) such as copyright, design, patent, trade secret, and trademarks rights.

In addition to the above, the Font Software is protected by laws and international treaties concerning copyright and intellectual property.

The Licensee agrees that the Font Software, its structure, organization, code, and related files (i) are valuable property of Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be); and (ii) are industrial secrets since they (A) are information that is kept confidential under appropriate measures or systems; and (B) signify obtaining and maintaining a competitive or economic advantage before third parties within its economic activities and industry. For these reasons any (intentional or negligent) use of the Font Software not expressly permitted in this Agreement constitutes an infringement of intellectual and industrial property rights and may even constitute a prosecutable criminal offense.

6. Warranty

The Tipo de Letra Font Software (and all files thereof) are created and maintained using updated digital certificates [antivirus?] and employing industry “best practices”. For this reason, Tipo de Letra only guarantees that the [file extensions/types] files (i) function properly when used in the ways and under the authorizations set forth in this Agreement; and (ii) do not contain any sort of malicious and/or invasive software (virus, malware, etc.).

Tipo de Letra warrants to the Licensee for a period of ninety (90) days after the first purchase of the Font Software (the “Warranty Period”) that (i) the Licensed Software will substantially perform in accordance with industry “best practices”; and (ii) the Font Software is created and maintained using updated digital certificates and following industry “best practices” and, therefore, does not contain any known virus or other routine that can disable, erase or otherwise harm the Font Software, or Licensee’s other software or data.

The above warranties specifically exclude defects resulting from: (i) modifications made to the Font Software by anyone other than Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be); (ii) Licensee’s use of the Font Software in connection with any computer equipment or devices that do not meet minimum information security requirements; or (iii) Licensee’s use of the Font Software in a manner that is not authorized in this Agreement. Tipo de Letra does not warrant that use of the Font Software will be uninterrupted or error free. The Warranty Period only applies to the first download of the Font Software to Licensee; this means that delivery or download of Error Corrections, of Updates and of Upgrades shall not restart or have any other effect on the Warranty Period.

Tipo de Letra does not extend any warranty in addition to those mentioned above. This means that —without limitation— Tipo de Letra does not guarantee that:

• The Font Software is reasonably fit for what may be considered “ordinary purposes”, “reasonable”, or “common-sense use” in domestic and/or international markets, regardless of what “fit”, “reasonable”, “common-sense use”, or “ordinary purposes” may be construed to mean in any of said markets’ jurisdictions.
• The Font Software meets specific nor generic standards or levels of functionality, of quality, of aesthetic appeal, of marketability, of accuracy, nor of other characteristics the Licensee may expect or desire, other than the standards or levels specifically implemented in the Font Software by Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be) deliberately have implemented in the Font Software.

7. Termination

Failure by the Licensee to comply with any of the terms of this Agreement or with the Terms and Conditions entitles Tipo de Letra to terminate this Agreement.

The termination of the Agreement shall not prevent Tipo de Letra from suing you for damages of any breach of the Agreement.

Notice of termination (i) shall be given as per the Terms and Conditions; and (ii) Does not imply a waiver by Tipo de Letra of any claims or litigious rights under this Agreement.

When giving notice of termination Tipo de Letra will send a “Request for Certification of Deletion”. Upon reception of this request the Licensee shall have five calendar days to issue and send the corresponding certification of deletion. The certification issued by the Licensee shall (i) be issued in written form and bear the legend “affirmed under oath”; (ii) certify, in plain language, that the Licensee has permanently removed (A) the Font Software from its Workstations and/or web servers; and (B) any backup copies the Licensee main of the Font Software from any storage media; (iii) be signed by the Licensee or by its legal representative; and (iii) be sent to the business address of Tipo de Letra via certified (international) courier.

8. Construction

In this Agreement, unless the context indicates otherwise:

A. The singular includes the plural and the plural the singular;

B. Words that are capitalized shall have the meaning explicitly ascribed to them in Tipo de Letra Terms and Conditions;

C. References to statutes, sections or regulations are to be construed as including all statutory or regulatory provisions consolidating, amending, replacing, succeeding, or supplementing the statute, section or regulation referred to;

D. References to “writing” includes printing, typing, lithography, facsimile reproduction, and other means of reproducing words in a tangible visible form;

E. The words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation” or “but not limited to” or words of similar import;

F. References to clauses are to those of this Agreement unless otherwise indicated;

G. References to agreements and other contractual instruments (such as the Tipo de Letra Terms and Conditions) shall be deemed to include all exhibits and schedules attached thereto and all subsequent amendments and other modifications or updates to such instrument;

H. References to days shall mean calendar days unless otherwise specified; and

I. References to parties include their respective successors and permitted assigns, in the event these exist.

9. Terms and Conditions

The Licensee has separately agreed to the Tipo de Letra Terms and Conditions (web site) which include provisions relating to governing law, personal data protection, jurisdiction, and other legal matters. For any matters not expressly covered in this Agreement the Licensee is bound by the Terms and Conditions. In the event of conflict between the Terms and Conditions and this Agreement, this Agreement shall control.

1. Nature and Purpose of the Agreement

By virtue of this Agreement Tipo de Letra grants a license to use the Font Software; the Licensee receives said license and agrees that, at all times, it will be governed by the provisions of (i) the Terms and Conditions of Tipo de Letra; and (ii) the text of this Agreement.

2. Grant of License

Under the terms and conditions hereof, the Licensee shall not have rights (i) of exclusivity on the license; nor (ii) to assign said license. Therefore, the Licensee only acquires the right to install and use the Font Software in a maximum number of 10 Workstations, whether for personal or business use subject to the terms and conditions of this License Agreement. Tipo de Letra reserves all rights not expressly granted to you in this Agreement.

3. Permitted uses and installations

Under this License Agreement the Licensee only has permission to:

3.1 Install and use the Font Software on a maximum number of 10 Workstations, if and only if these Workstations all belong to the same Licensee.

3.2 Use the Font Software to create commercial or non-commercial designs, publications, images, or electronic documents.

“Images” includes images intended for web use as long as they are in raster format such as PNG, JPG, GIF, etc., and as long as such images are not used to replace the Font Software.

Using the Font Software in electronic documents is allowed if and only if the Licensee implements security measures that make it impossible to extract the Font Software from said electronic documents.

3.3 Make a temporary copy of the Font Software and provide it to an external service provider for the sole and express purpose of installing it in a single one of its own Workstations (if and only if the overall 10 workstation-limit is not exceeded).

Such service providers may only include printing companies, and the like.

Provision of temporary copies of the Font Software to said external service providers is allowed if and only if the Licensee takes steps to ensure the providers’ copy of the Font Software is effectively deleted once the service is finished.

3.4 Install a copy of the Font Software in a file server to make it accessible to other Workstations via a local area network (LAN) if and only if the overall 10 workstation-limit is not exceeded, given that in some cases a LAN server could also double as a workstation.

3.5 Make all necessary backup copies of the Font Software if and only if the Licensee bound by this Agreement retains full, exclusive custody and control over such copies. The copies must contain the same copyright and trademark notices that appear on or in the Font Software and must be deleted upon the event of a termination of this Agreement should occur.

3.6 Embed the Font Software in a piece of digital publishing (be it commercial or not).

Embedding the Font Software in a piece of digital publishing is allowed if and only if the Licensee implements security measures that make it impossible to extract the Font Software from said digital piece of digital publishing.

4. Restrictions and Requirements

Tipo de Letra may audit and review the Workstations of the Licensee to ensure that the license rights are being exercised in accordance with this Agreement. To perform these audits and reviews, a legal representative of Tipo de Letra shall give the Licensee five business days’ notice. Tipo de Letra may, at its discretion, authorize that said audits are carried out by the selfsame Licensee. For this, Tipo de Letra will send a request specifying an inventory of data to be verified, and the Licensee shall draft said inventory. The inventory issued by the Licensee shall (i) be issued in written form and bear the legend “affirmed under oath”; (ii) state, in plain language, whether or not the use by the Licensee of the Font Software duly complies with the use authorized in the corresponding license; (iii) be signed by the Licensee or by its legal representative; and (iii) be sent to the business address of Tipo de Letra via certified (international) courier.

4.1 In this vein, the present License Agreement forbids the Licensee to:

4.1.1 Rent, lease, sell, sublicense, give, transfer, or distribute the Font Software or any copies thereof (whether temporary or permanent).

4.1.2 Totally or partially alter, modify, adapt, translate, reverse engineer, decompile or change the Font Software be it for the creation of other font formats, the creation of derivative works, or any other purpose.

4.1.4 Use the Font Software in broadcasting, internet, and film to create titles, credits, or any other media content that depicts images in motion which will be conveyed in video format, regardless of its mode of distribution.

4.1.5 Embed the Font Software in games, apps or any other software or work (whether distributed electronically or via physical media), regardless of whether said software or work is intended (i) for sale; (ii) for rent; or (iii) to be given away for free.

4.1.6 Use the Font Software to create (physical or digital) products that (i) depict any of the characters included in the Font Software as the main or primary visual resource; and (ii) are meant for commercial sale. This may include, for example, alphabets of metal pins; name tags and badges; pieces of jewelry; postcards; keychains; t-shirts and apparel; caps, tri-dimensional letters; magnets; toys; and any other commercial products (A) that only use the characters or glyphs of the Font Software as the final product; or (B) wherein text displayed in the Font Software is used as the primary visual resource.

4.1.7 Exceed, in any amount, the allowed number of uses and/or installations allotted under section “2. Permitted uses and installations”, at which point, the Licensee must contact Tipo de Letra to arrange for a second and/or extended license.

4.1.8 Delete, modify, or corrupt the “Font Info” files attached to the Font Software, or otherwise cause said files to become unreadable or unusable.

4.2 In addition to the foregoing prohibitions, the Licensee is required to:

In the event that the permitted use of the Font Software as per clause 2 above is exceeded in extent of use and/or in the allotted number of uses, Licensee is required to (i) notify Tipo de Letra of said excess within 3 natural days as of the date on which permitted/allotted use is exceeded: and (ii) purchase from Tipo de Letra the appropriate license(s).

Notify Tipo de Letra of any violations to this Agreement, whether by the Licensee him/her/itself, or by any third parties the Licensee reasonably has reason to know are violating the terms of use of the Font Software.

5. Intellectual and Industrial Property Rights

The Licensee agrees that the Font Software is merely licensed —and not sold— by Tipo de Letra for use exclusively in accordance with the terms of this Agreement.

In light of the above the Licensee agrees that Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be) owns all right, title, and interest in —and to— the Font Software, its structure, organization, code, and related files. Said “right, title, and interest” includes all intellectual and industrial property rights on the Font Software (whether economic or moral; whether registered or not) such as copyright, design, patent, trade secret, and trademarks rights.

In addition to the above, the Font Software is protected by laws and international treaties concerning copyright and intellectual property.

The Licensee agrees that the Font Software, its structure, organization, code, and related files (i) are valuable property of Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be); and (ii) are industrial secrets since they (A) are information that is kept confidential under appropriate measures or systems; and (B) signify obtaining and maintaining a competitive or economic advantage before third parties within its economic activities and industry. For these reasons any (intentional or negligent) use of the Font Software not expressly permitted in this Agreement constitutes an infringement of intellectual and industrial property rights and may even constitute a prosecutable criminal offense.

6. Warranty

The Tipo de Letra Font Software (and all files thereof) are created and maintained using updated digital certificates [antivirus?] and employing industry “best practices”. For this reason, Tipo de Letra only guarantees that the [file extensions/types] files (i) function properly when used in the ways and under the authorizations set forth in this Agreement; and (ii) do not contain any sort of malicious and/or invasive software (virus, malware, etc.)

Tipo de Letra warrants to the Licensee for a period of ninety (90) days after the first purchase of the Font Software (the “Warranty Period”) that (i) the Licensed Software will substantially perform in accordance with industry “best practices”; and (ii) the Font Software is created and maintained using updated digital certificates and following industry “best practices” and, therefore, does not contain any known virus or other routine that can disable, erase or otherwise harm the Font Software, or Licensee’s other software or data.

The above warranties specifically exclude defects resulting from: (i) modifications made to the Font Software by anyone other than Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be); (ii) Licensee’s use of the Font Software in connection with any computer equipment or devices that do not meet minimum information security requirements; or (iii) Licensee’s use of the Font Software in a manner that is not authorized in this Agreement. Tipo de Letra does not warrant that use of the Font Software will be uninterrupted or error free. The Warranty Period only applies to the first download of the Font Software to Licensee; this means that delivery or download of Error Corrections, of Updates and of Upgrades shall not restart or have any other effect on the Warranty Period.

Tipo de Letra does not extend any warranty in addition to those mentioned above. This means that —without limitation— Tipo de Letra does not guarantee that:

• The Font Software is reasonably fit for what may be considered “ordinary purposes”, “reasonable”, or “common-sense use” in domestic and/or international markets, regardless of what “fit”, “reasonable”, “common-sense use”, or “ordinary purposes” may be construed to mean in any of said markets’ jurisdictions.
• The Font Software meets specific nor generic standards or levels of functionality, of quality, of aesthetic appeal, of marketability, of accuracy, nor of other characteristics the Licensee may expect or desire, other than the standards or levels specifically implemented in the Font Software by Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be) deliberately have implemented in the Font Software.

7. Termination

Failure by the Licensee to comply with any of the terms of this Agreement or with the Terms and Conditions entitles Tipo de Letra to terminate this Agreement.

The termination of the Agreement shall not prevent Tipo de Letra from suing you for damages of any breach of the Agreement.

Notice of termination (i) shall be given as per the Terms and Conditions; and (ii) Does not imply a waiver by Tipo de Letra of any claims or litigious rights under this Agreement.

When giving notice of termination Tipo de Letra will send a “Request for Certification of Deletion”. Upon reception of this request the Licensee shall have five calendar days to issue and send the corresponding certification of deletion. The certification issued by the Licensee shall (i) be issued in written form and bear the legend “affirmed under oath”; (ii) certify, in plain language, that the Licensee has permanently removed (A) the Font Software from its Workstations and/or web servers; and (B) any backup copies the Licensee main of the Font Software from any storage media; (iii) be signed by the Licensee or by its legal representative; and (iii) be sent to the business address of Tipo de Letra via certified (international) courier.

8. Construction

In this Agreement, unless the context indicates otherwise:

A. The singular includes the plural and the plural the singular;

B. Words that are capitalized shall have the meaning explicitly ascribed to them in Tipo de Letra Terms and Conditions;

C. References to statutes, sections or regulations are to be construed as including all statutory or regulatory provisions consolidating, amending, replacing, succeeding, or supplementing the statute, section or regulation referred to;

D. References to “writing” includes printing, typing, lithography, facsimile reproduction, and other means of reproducing words in a tangible visible form;

E. The words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation” or “but not limited to” or words of similar import;

F. References to clauses are to those of this Agreement unless otherwise indicated;

G. References to agreements and other contractual instruments (such as the Tipo de Letra Terms and Conditions) shall be deemed to include all exhibits and schedules attached thereto and all subsequent amendments and other modifications or updates to such instrument;

H. References to days shall mean calendar days unless otherwise specified; and

I. References to parties include their respective successors and permitted assigns, in the event these exist.

9. Terms and Conditions

The Licensee has separately agreed to the Tipo de Letra Terms and Conditions (web site) which include provisions relating to governing law, personal data protection, jurisdiction, and other legal matters. For any matters not expressly covered in this Agreement the Licensee is bound by the Terms and Conditions. In the event of conflict between the Terms and Conditions and this Agreement, this Agreement shall control.

1. Nature and Purpose of the Agreement

By virtue of this Agreement Tipo de Letra grants a license to use the Font Software; the Licensee receives said license and agrees that, at all times, it will be governed by the provisions of (i) the Terms and Conditions of Tipo de Letra; and (ii) the text of this Agreement.

2. Grant of License

Under the terms and conditions hereof, the Licensee shall not have rights (i) of exclusivity on the license; nor (ii) to assign said license. Therefore, the Licensee only acquires the right to host the Font Software and serve it through a web server in order to render the text of any of the websites related to a single brand up to a maximum number of 250,000 pageviews/ month, subject to the terms and conditions of this License Agreement. Tipo de Letra reserves all rights not expressly granted to you in this Agreement.

3. Permitted uses and installations

Under this License Agreement the Licensee only has permission to:

3.1 Install, host and serve the Font Software through a web server in order to render the text of the websites of a single brand, using the CSS @font-face rule.

3.2 Host the Font Software to correctly render the text of a maximum number of 250,000 pageviews per month.

3.3 Use the Font Software to export rasterized/ images to promote a single website/online store. Such use of the font in images (i) is meant for screen/digital purposes only; (ii) may include use in banners, or static ads; and (iii) shall not be used in print media.

3.4 Make a temporary copy of the Font Software and provide it to an external service provider for the sole and express purpose of helping the Licensee to (i) host the Font Software or (ii) transmit it to a remote web server.

Such service providers may only include web hosting companies, web design agencies, web developers, and the like.

Provision of temporary copies of the Font Software to said external service providers is allowed if and only if the Licensee takes steps to ensure the providers’ copy of the Font Software is effectively deleted once the service is finished.

3.5 Make all necessary backup copies of the Font Software if and only if the Licensee bound by this Agreement retains full, exclusive custody and control over such copies. The copies must contain the same copyright and trademark notices that appear on or in the Font Software and must be deleted upon the event of a termination of this Agreement should occur.

4. Restrictions and Requirements

Tipo de Letra may audit and review the Workstations of the Licensee to ensure that the license rights are being exercised in accordance with this Agreement. To perform these audits and reviews, a legal representative of Tipo de Letra shall give the Licensee five business days’ notice.

Tipo de Letra may, at its discretion, authorize that said audits are carried out by the selfsame Licensee. For this, Tipo de Letra will send a request specifying an inventory of data to be verified, and the Licensee shall draft said inventory. The inventory issued by the Licensee shall (i) be issued in written form and bear the legend “affirmed under oath”; (ii) state, in plain language, whether or not the use by the Licensee of the Font Software duly complies with the use authorized in the corresponding license; (iii) be signed by the Licensee or by its legal representative; and (iii) be sent to the business address of Tipo de Letra via certified (international) courier.

4.1 In this vein, the present License Agreement forbids the Licensee to:

4.1.1 Rent, lease, sell, sublicense, give, transfer, or distribute the Font Software or any copies thereof (whether temporary or permanent).

4.1.2 Totally or partially alter, modify, adapt, translate, reverse engineer, decompile or change the Font Software be it for the creation of other font formats, the creation of derivative works, or any other purpose.

4.1.3 Use the Font Software in broadcasting, internet, and film to create titles, credits, or any other media content that depicts images in motion which will be conveyed in video format, regardless of its mode of distribution.

4.1.4 Embed the Font Software in games, apps or any other software or work (whether distributed electronically or via physical media), regardless of whether said software or work is intended (i) for sale; (ii) for rent; or (iii) to be given away for free.

4.1.5 Use the Font Software to create any designs, images, publications, documents, or pieces of digital publishing (whether they are intended for commercial or non-commercial use) outside of the already stated exclusively allowed uses of exporting digital, screen-targeted raster/bitmap images (such as banners, or static ads) to promote a single website/online store.

4.1.6 Use the Font Software to create (physical or digital) products that (i) depict any of the characters included in the Font Software as the main or primary visual resource; and (ii) are meant for commercial sale. This may include, for example, alphabets of metal pins; name tags and badges; pieces of jewelry; postcards; keychains; t-shirts and apparel; caps, tri-dimensional letters; magnets; toys; and any other commercial products (A) that only use the characters or glyphs of the Font Software as the final product; or (B) wherein text displayed in the Font Software is used as the primary visual resource.

4.1.7 Exceed, in any amount, the allowed number of uses, pageviews, and/or installations allotted under section “2. Permitted uses and installations”, at which point, the Licensee must contact Tipo de Letra to arrange for a second and/or extended license.

4.1.8 Delete, modify, or corrupt the “Font Info” files attached to the Font Software, or otherwise cause said files to become unreadable or unusable.

4.2 In addition to the foregoing prohibitions, the Licensee is required to:

4.2.1 Implement appropriate security measures to (i) prevent other websites from rendering text with the licensed Font Software and/or; (ii) make it impossible to extract the Font Software from the Licensee web site, server, and/or web ads.

The Licensee is required to take reasonable measures to host the Font Software on a server he/she/it fully controls and to only make it accessible to domains allowed by the provisions of this agreement.

Said security measures may include preventing hotlinking of the Font Software resources using HTTP referer checking or other techniques and/or solutions that achieve the purpose outlined in the foregoing paragraph.

In the event that the permitted use of the Font Software as per clause 2 above is exceeded in extent of use and/or in the allotted number of uses, Licensee is required to (i) notify Tipo de Letra of said excess within 3 natural days as of the date on which permitted/allotted use is exceeded; and (ii) purchase from Tipo de Letra the appropriate license(s).

Notify Tipo de Letra of any violations to this Agreement, whether by the Licensee him/her/itself, or by any third parties the Licensee reasonably has reason to know are violating the terms of use of the Font Software.

5. Intellectual and Industrial Property Rights

The Licensee agrees that the Font Software is merely licensed —and not sold— by Tipo de Letra for use exclusively in accordance with the terms of this Agreement.

In light of the above the Licensee agrees that Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be) owns all right, title, and interest in —and to— the Font Software, its structure, organization, code, and related files. Said “right, title, and interest” includes all intellectual and industrial property rights on the Font Software (whether economic or moral; whether registered or not) such as copyright, design, patent, trade secret, and trademarks rights.

In addition to the above, the Font Software is protected by laws and international treaties concerning copyright and intellectual property.

The Licensee agrees that the Font Software, its structure, organization, code, and related files (i) are valuable property of Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be); and (ii) are industrial secrets since they (A) are information that is kept confidential under appropriate measures or systems; and (B) signify obtaining and maintaining a competitive or economic advantage before third parties within its economic activities and industry. For these reasons any (intentional or negligent) use of the Font Software not expressly permitted in this Agreement constitutes an infringement of intellectual and industrial property rights and may even constitute a prosecutable criminal offense.

6. Warranty

The Tipo de Letra Font Software (and all files thereof) are created and maintained using updated digital certificates [antivirus?] and employing industry “best practices”. For this reason, Tipo de Letra only guarantees that the [file extensions/types] files (i) function properly when used in the ways and under the authorizations set forth in this Agreement; and (ii) do not contain any sort of malicious and/or invasive software (virus, malware, etc.).

Tipo de Letra warrants to the Licensee for a period of ninety (90) days after the first purchase of the Font Software (the “Warranty Period”) that (i) the Licensed Software will substantially perform in accordance with industry “best practices”; and (ii) the Font Software is created and maintained using updated digital certificates and following industry “best practices” and, therefore, does not contain any known virus or other routine that can disable, erase or otherwise harm the Font Software, or Licensee’s other software or data.

The above warranties specifically exclude defects resulting from: (i) modifications made to the Font Software by anyone other than Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be); (ii) Licensee’s use of the Font Software in connection with any computer equipment or devices that do not meet minimum information security requirements; or (iii) Licensee’s use of the Font Software in a manner that is not authorized in this Agreement. Tipo de Letra does not warrant that use of the Font Software will be uninterrupted or error free. The Warranty Period only applies to the first download of the Font Software to Licensee; this means that delivery or download of Error Corrections, of Updates and of Upgrades shall not restart or have any other effect on the Warranty Period.

Tipo de Letra does not extend any warranty in addition to those mentioned above. This means that —without limitation— Tipo de Letra does not guarantee that:

• The Font Software is reasonably fit for what may be considered “ordinary purposes”, “reasonable”, or “common-sense use” in domestic and/or international markets, regardless of what “fit”, “reasonable”, “common-sense use”, or “ordinary purposes” may be construed to mean in any of said markets’ jurisdictions;
• The Font Software meets specific nor generic standards or levels of functionality, of quality, of aesthetic appeal, of marketability, of accuracy, nor of other characteristics the Licensee may expect or desire, other than the standards or levels specifically implemented in the Font Software by Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be) deliberately have implemented in the Font Software.

7. Termination

Failure by the Licensee to comply with any of the terms of this Agreement or with the Terms and Conditions entitles Tipo de Letra to terminate this Agreement.

The termination of the Agreement shall not prevent Tipo de Letra from suing you for damages of any breach of the Agreement.

Notice of termination (i) shall be given as per the Terms and Conditions; and (ii) Does not imply a waiver by Tipo de Letra of any claims or litigious rights under this Agreement.

When giving notice of termination Tipo de Letra will send a “Request for Certification of Deletion”. Upon reception of this request the Licensee shall have five calendar days to issue and send the corresponding certification of deletion. The certification issued by the Licensee shall (i) be issued in written form and bear the legend “affirmed under oath”; (ii) certify, in plain language, that the Licensee has permanently removed (A) the Font Software from its Workstations and/or web servers; and (B) any backup copies the Licensee main of the Font Software from any storage media; (iii) be signed by the Licensee or by its legal representative; and (iii) be sent to the business address of Tipo de Letra via certified (international) courier.

8. Construction

In this Agreement, unless the context indicates otherwise:

A. The singular includes the plural and the plural the singular;

B. Words that are capitalized shall have the meaning explicitly ascribed to them in Tipo de Letra Terms and Conditions;

C. References to statutes, sections or regulations are to be construed as including all statutory or regulatory provisions consolidating, amending, replacing, succeeding, or supplementing the statute, section or regulation referred to;

D. References to “writing” includes printing, typing, lithography, facsimile reproduction, and other means of reproducing words in a tangible visible form;

E. The words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation” or “but not limited to” or words of similar import;

F. References to clauses are to those of this Agreement unless otherwise indicated;

G. References to agreements and other contractual instruments (such as the Tipo de Letra Terms and Conditions) shall be deemed to include all exhibits and schedules attached thereto and all subsequent amendments and other modifications or updates to such instrument;

H. References to days shall mean calendar days unless otherwise specified; and

I. References to parties include their respective successors and permitted assigns, in the event these exist.

9. Terms and Conditions

The Licensee has separately agreed to the Tipo de Letra Terms and Conditions (web site) which include provisions relating to governing law, personal data protection, jurisdiction, and other legal matters. For any matters not expressly covered in this Agreement the Licensee is bound by the Terms and Conditions. In the event of conflict between the Terms and Conditions and this Agreement, this Agreement shall control.

1. Nature and Purpose of the Agreement

By virtue of this Agreement Tipo de Letra grants a license to use the Font Software; the Licensee receives said license and agrees that, at all times, it will be governed by the provisions of (i) the Terms and Conditions of Tipo de Letra; and (ii) the text of this Agreement.

2. Grant of License

Under the terms and conditions hereof, the Licensee shall not have rights (i) of exclusivity on the license; nor (ii) to assign said license. Therefore, the Licensee only acquires the right to use the Font Software temporarily and only to sample how said software behaves and looks when used to generate text, whether for personal use or business use, subject to the terms and conditions of this License Agreement. Tipo de Letra reserves all rights not expressly granted to you in this Agreement.

3. Permitted uses and installations

Under this License Agreement the Licensee only has permission to install the Font Software in one single Workstation and to test said software temporarily.

4. Restrictions and Requirements

Tipo de Letra may audit and review the Workstations of the Licensee to ensure that the license rights are being exercised in accordance with this Agreement. To perform these audits and reviews, a legal representative of Tipo de Letra shall give the Licensee five business days’ notice. Tipo de Letra may, at its discretion, authorize that said audits are carried out by the selfsame Licensee. For this, Tipo de Letra will send a request specifying an inventory of data to be verified, and the Licensee shall draft said inventory. The inventory issued by the Licensee shall (i) be issued in written form and bear the legend “affirmed under oath”; (ii) state, in plain language, whether or not the use by the Licensee of the Font Software duly complies with the use authorized in the corresponding license; (iii) be signed by the Licensee or by its legal representative; and (iii) be sent to the business address of Tipo de Letra via certified (international) courier.

4.1 In this vein, the present License Agreement forbids the Licensee to use the Font Software for purposes other than sampling said software. Under said prohibition the Licensee is forbidden to:

• Rent, lease, sell, sublicense, give, transfer, or distribute the Font Software or any copies thereof (whether temporary or permanent).

• Totally or partially alter, modify, adapt, translate, reverse engineer, decompile or change the Font Software be it for the creation of other font formats, the creation of derivative works, or any other purpose.

Gaming.

• Embed the Font Software in any number of videogame titles and on any Gaming Platforms no matter the number of distributions.
• Embed the Font Software in any Subsequent Downloadable Contents for any videogame.
• Embed the Font Software in a game where the font is a substantial component of the game or represents the core and/or primary value of its functionality (including custom typesetting).
• Use the Font Software to create commercial or non-commercial designs, publications, images, or electronic documents. “Images” includes images intended for web use in any format.
• Embed the Font Software in a piece of digital publishing (be it commercial or not).

Merchandise.

• Use the Font Software to create physical or digital products that (i) depict any of the characters included in the Font Software as the main or primary visual resource; and (ii) are meant for commercial sale. This may include, for example, alphabets of metal pins; name tags and badges; pieces of jewelry; postcards; keychains; t-shirts and apparel; caps, tri-dimensional letters; magnets; toys; and any other commercial products wherein text displayed in the Font Software is used as the primary visual resource.

Apps.

• Embed the Font Software in one Mobile Application or Software no matter the number of (i) computer operating systems; nor of (ii) mobile device operating systems, nor serve the Font Software for any reason whatsoever.

• Serve the Font Software through a web server nor embed it in any Mobile Application..

• In any way install, host, and/or serve the Font Software through a web server in order to render the text of a single Web Application.

• Embed the Font Software in portable reports that apps generate automatically.

Broadcast.

• Use the Font Software in movies, shorts, series franchise (and any of its seasons, episodes, or chapters); in brand-related content released by traditional broadcast channels; in brand-related content released by internet streaming channels; or in content of video advertising campaigns related to any brand (as defined in the Terms and Conditions).
• Use the Font Software to create titles, credits, or any other media content that depicts images in motion which will be conveyed in video format, regardless of its mode of distribution. Examples of images in motion may include moving type, headlines, captions, infographics, and the like.
• Use the Font Software in channels (as defined above) no matter the number of viewers/subscribers.
• Use the Font Software to create designs and images in motion — whether commercial or non-commercial. This includes images intended for web use (i) that are in video format (which may include file extensions such as MOV, MP4, OGG, etc.); and (ii) regardless of whether they are used to replace static raster image formats (which may include file extensions such as JPG, PNG or SVG).

Web & Ads.

• Install, host and serve the Font Software through a web server in order to render the text of the websites of a single brand;
• Host the Font Software to correctly render the text;
• Use the Font Software to export rasterized/ images to promote any website/online store, regardless of how it is used or intended to be used.

Installations, Copies, and Backups.

• Install and use the Font Software on more than 1 workstation.
• Install any copy of the Font Software in file servers to make it accessible to other Workstations via a local area network (LAN), regardless of the number of workstations.
• Make temporary copies of the Font Software, and/or provide it to any third parties.

4.2 In addition to the foregoing prohibitions, the Licensee is required to:

4.2.1 Implement appropriate security measures to (i) prevent other websites from rendering text with the licensed Font Software and/or; (ii) make it impossible to extract the Font Software from the Licensee web site, server, and/or web ads.

The Licensee is required to take reasonable measures to host the Font Software on a server he/she/it fully controls and to only make it accessible to domains allowed by the provisions of this agreement.

Said security measures may include preventing hotlinking of the Font Software resources using HTTP referer checking or other techniques and/or solutions that achieve the purpose outlined in the foregoing paragraph.

In the event that the permitted use of the Font Software as per clause 2 above is exceeded in extent of use and/or in the allotted number of uses, Licensee is required to (i) notify Tipo de Letra of said excess within 3 natural days as of the date on which permitted/allotted use is exceeded; and (ii) purchase from Tipo de Letra the appropriate license(s).

Notify Tipo de Letra of any violations to this Agreement, whether by the Licensee him/her/itself, or by any third parties the Licensee reasonably has reason to know are violating the terms of use of the Font Software.

5. Intellectual and Industrial Property Rights

The Licensee agrees that the Font Software is merely licensed —and not sold— by Tipo de Letra for use exclusively in accordance with the terms of this Agreement.

In light of the above the Licensee agrees that Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be) owns all right, title, and interest in —and to— the Font Software, its structure, organization, code, and related files. Said “right, title, and interest” includes all intellectual and industrial property rights on the Font Software (whether economic or moral; whether registered or not) such as copyright, design, patent, trade secret, and trademarks rights.

In addition to the above, the Font Software is protected by laws and international treaties concerning copyright and intellectual property.

The Licensee agrees that the Font Software, its structure, organization, code, and related files (i) are valuable property of Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be); and (ii) are industrial secrets since they (A) are information that is kept confidential under appropriate measures or systems; and (B) signify obtaining and maintaining a competitive or economic advantage before third parties within its economic activities and industry. For these reasons any (intentional or negligent) use of the Font Software not expressly permitted in this Agreement constitutes an infringement of intellectual and industrial property rights and may even constitute a prosecutable criminal offense.

6. Warranty

The Tipo de Letra Font Software (and all files thereof) are created and maintained using updated digital certificates [antivirus?] and employing industry “best practices”. For this reason, Tipo de Letra only guarantees that the [file extensions/types] files (i) function properly when used in the ways and under the authorizations set forth in this Agreement; and (ii) do not contain any sort of malicious and/or invasive software (virus, malware, etc.).

Tipo de Letra warrants to the Licensee for a period of ninety (90) days after the first purchase of the Font Software (the “Warranty Period”) that (i) the Licensed Software will substantially perform in accordance with industry “best practices”; and (ii) the Font Software is created and maintained using updated digital certificates and following industry “best practices” and, therefore, does not contain any known virus or other routine that can disable, erase or otherwise harm the Font Software, or Licensee’s other software or data.

The above warranties specifically exclude defects resulting from: (i) modifications made to the Font Software by anyone other than Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be); (ii) Licensee’s use of the Font Software in connection with any computer equipment or devices that do not meet minimum information security requirements; or (iii) Licensee’s use of the Font Software in a manner that is not authorized in this Agreement. Tipo de Letra does not warrant that use of the Font Software will be uninterrupted or error free. The Warranty Period only applies to the first download of the Font Software to Licensee; this means that delivery or download of Error Corrections, of Updates and of Upgrades shall not restart or have any other effect on the Warranty Period.

Tipo de Letra does not extend any warranty in addition to those mentioned above. This means that —without limitation— Tipo de Letra does not guarantee that:

• The Font Software is reasonably fit for what may be considered “ordinary purposes”, “reasonable”, or “common-sense use” in domestic and/or international markets, regardless of what “fit”, “reasonable”, “common-sense use”, or “ordinary purposes” may be construed to mean in any of said markets’ jurisdictions;

• The Font Software meets specific nor generic standards or levels of functionality, of quality, of aesthetic appeal, of marketability, of accuracy, nor of other characteristics the Licensee may expect or desire, other than the standards or levels specifically implemented in the Font Software by Tipo de Letra (or its successors, third-party licensors and/or permitted assigns, as the case may be) deliberately have implemented in the Font Software.

7. Termination

Failure by the Licensee to comply with any of the terms of this Agreement or with the Terms and Conditions entitles Tipo de Letra to terminate this Agreement.

The termination of the Agreement shall not prevent Tipo de Letra from suing you for damages of any breach of the Agreement.

Notice of termination (i) shall be given as per the Terms and Conditions; and (ii) Does not imply a waiver by Tipo de Letra of any claims or litigious rights under this Agreement.

When giving notice of termination Tipo de Letra will send a “Request for Certification of Deletion”. Upon reception of this request the Licensee shall have five calendar days to issue and send the corresponding certification of deletion. The certification issued by the Licensee shall (i) be issued in written form and bear the legend “affirmed under oath”; (ii) certify, in plain language, that the Licensee has permanently removed (A) the Font Software from its Workstations and/or web servers; and (B) any backup copies the Licensee main of the Font Software from any storage media; (iii) be signed by the Licensee or by its legal representative; and (iii) be sent to the business address of Tipo de Letra via certified (international) courier.

8. Construction

In this Agreement, unless the context indicates otherwise:

• A. The singular includes the plural and the plural the singular;

  B. Words that are capitalized shall have the meaning explicitly ascribed to them in Tipo de Letra Terms and Conditions;

  C. References to statutes, sections or regulations are to be construed as including all statutory or regulatory provisions consolidating, amending, replacing, succeeding, or supplementing the statute, section or regulation referred to;

  D. References to “writing” includes printing, typing, lithography, facsimile reproduction, and other means of reproducing words in a tangible visible form;

  E. The words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation” or “but not limited to” or words of similar import;

  F. References to clauses are to those of this Agreement unless otherwise indicated;

  G. References to agreements and other contractual instruments (such as the Tipo de Letra Terms and Conditions) shall be deemed to include all exhibits and schedules attached thereto and all subsequent amendments and other modifications or updates to such instrument;

  H. References to days shall mean calendar days unless otherwise specified; and

  I. References to parties include their respective successors and permitted assigns, in the event these exist.

9. Terms and Conditions

The Licensee has separately agreed to the Tipo de Letra Terms and Conditions (web site) which include provisions relating to governing law, personal data protection, jurisdiction, and other legal matters. For any matters not expressly covered in this Agreement the Licensee is bound by the Terms and Conditions. In the event of conflict between the Terms and Conditions and this Agreement, this Agreement shall control.