ATTENTION, PLEASE: By confirming your acceptance of this end-user license agreement (“EULA”) on the Aesthetic Type website (which is a condition to receive the Font Software that is the subject of this License), you are acknowledging that the License is subject to the terms set out below, but the rights do not transfer to you until Aesthetic Type has received full payment of the license fee.

1. License Uses

a. Aesthetic Type hereby grants this end user license (“License”) to you as Licensee, pursuant to which you have the non-transferable, limited and non-exclusive right to directly install the Font Software (“Font Software”) limited to the maximum number of total users (“Users”) entered in your order confirmation (“Confirmation”), and to use, reproduce and display, the font software identified in the Confirmation in the production of human-readable text. If a brand is identified in the Confirmation, the License is limited to uses associated with the brand. You are permitted to make a reasonable number of back-up copies of the Font Software to be used solely for archival purposes. This License is perpetual, subject to section 2(b).

b. With the exception of specific Broadcast uses {see section 1(e)} this License is limited to the creation of non-embedded files, i.e., images created with the Font Software but that do not incorporate the Font Software and that permit only the viewing and printing (and not the editing, altering, enhancing or modifying) of the text or artwork after it is finalized by you. By “non-embedded,” we mean a non-font rasterized or outlined (vector-based) file format. For clarification, embedding of the Font Software is not permitted, by which the Font Software becomes part of other software, for example inside the CSS of a website. (For embedding or any other use not permitted by this License, see section 1(j).)

c. By way of illustration, you can upload an image created with the Font Software to your website, but you cannot embed the Font Software in the website. If you are a designer and use the Font Software to create artwork or text, you may only provide it to unlicensed parties (including your client) in a non-embedded format (e.g., a non-font PNG, JPEG, GIF or TIFF), a rasterized vector format (e.g., a PDF or EPS file created using the “Create Outlines” command in Adobe InDesign or Illustrator) or a secured format (e.g., a “protected,” subset embedded pdf or “noneditable” Flash SWF file for distribution on the web). If you want to send your client a file that permits the client to edit or modify the file using the Font Software, your client will need to purchase its own license to use the Font Software. Similarly, if you are a person or company that hires a design studio to create a project for you, you are not permitted to share the Font Software with the design studio except in non-embedded image formats; designers who need to make edits using the Font Software must separately license the Font Software from Aesthetic Type.

d. The Font Software is not permitted to be used in letter-form products, that is, products that reproduce or display font glyphs as aesthetic objects, as opposed to using the glyphs for language-based communication, including on t-shirts, adhesive alphabet products, house numbers, t-shirts, mugs, food products, die-cut products, stencil products, rubber stamps, or rub-on letters.

e. The Font Software is not permitted to be used in any broadcast capacity such as titling, credits, data or other text for any network or onscreen broadcast via film, television, internet, web application, streaming, or any other distribution medium. Not withstanding, use of the font software for broadcast advertising is permitted.

f. Any number of Users (including remote workers) up to the licensed maximum may access and operate the Font Software for desktop use, regardless of location, so long as the computers are owned by you and are being used by you and your direct employees. This License does not extend to temporary employees, freelance designers, or independent contractors, nor may it be shared by multiple companies (i.e. both a designer and his or her client). If you host the Font Software on a server for desktop use, non-licensed users must not be given server access to the Font Software. The Licensee is obliged to inform employees and representatives, and anyone who is granted access to the Font Software within this licensing agreement, about the content and conditions of the license provisions for the relevant Font Software and put said employees, representatives etc. under the obligation of compliance with those provisions and conditions.

g. You may open the Font Software in a font or text editor solely in order to look at it. You are prohibited from, nor may you assist in or cause any third party to modify, alter, adapt, reproduce, translate, convert, port, decompile, disassemble, nor create derivative works using any data contained within the Font Software in any manner whatsoever, including converting the Font Software into a different font format. This includes, but is not limited to, creating additional weights, creating additional or removing existing characters, modifying existing characters, modifying font spacing and kerning. If the Licensee wishes to make modifications, consent and permission in writing must be obtained from Aesthetic Type, and the design work must be done by Aesthetic Type or by someone approved by it. Any derivative works made in breach of this Agreement shall be the sole and exclusive property of Aesthetic Type and subject to the terms and conditions of this license. Any violation of this provision will render you liable for damages calculated on the basis of Aesthetic Type's highest charges for font development and the license for the use.

h. You are prohibited from distributing, transmitting, loaning, sharing, lending, selling, sublicensing, renting, giving away, or otherwise transferring, in whole or in part, the Font Software as a component or sub-component of other products to any third party (including but not limited to any client, contractor, freelancer, advertising agent, parent company, subsidiary, affiliate, franchisee, assignee, customer or agent). You further agree to use reasonable security precautions, protocols, and protective measures to prevent the unauthorized access, use, duplication or distribution of the Font Software.

i. As courtesy exceptions to section 1(a), 1(b), 1(c) and 1(g), you are permitted to provide non-editable PDFs to unlicensed users; and you may also provide the Font Software, or editable PDFs or live mechanicals containing the Font Software, to unlicensed 2D printing vendors to reproduce jobs specified by you, so long as you ensure that the vendors delete or return the Font Software to you at the conclusion of rendering services.

j. Use or distribution of the Font Software that is not specifically permitted in this section 1 must be separately authorized in License Addenda issued by Aesthetic Type. Addenda can only be issued to the person or entity that owns the business or brand associated with the licensed use. This means, for example, that if a business or brand owner employs a website developer, an Addendum for web embedding can only be issued in connection with a license granted to the owner, not the developer’s License.

2. Changed Terms

a. Since it is not possible to foresee technological innovations that may materially impact usage of the Font Software (such as the invention of 3D printing), and in consideration of the fact that Aesthetic Type does not limit this License to a specific term of years, Aesthetic Type reserves the right to unilaterally amend the terms of the License insofar as any provisions herein are rendered obsolete or incomplete by new or changed technology, effective as of the date of publication of notice of the amendment on Aesthetic Type’s website.

b. In the event of multiple license purchases over time by you for the same Aesthetic Type font family (such as for additional styles or Users or the expansion of usage rights), if there are any differences in the terms between or among the EULAs issued in connection with the purchases, Aesthetic Type will have the right to require that the terms in the latest EULA govern the entirety of your licensed uses of all Font Software supplied to you. Aesthetic Type may also impose consistent EULA terms on any related entities (such as foreign affiliates or franchisees) that place orders for the same Font Software.

c. Aesthetic Type is not obligated to provide upgrades or updates of the Font Software for any reason. If upgrades and updates are offered, they will be the subject of a new license, which may have new terms and/or fees. Your acceptance of an upgrade or update will automatically terminate this License and your right to use the version of the Font Software covered by this License.

3. Violations; Termination

a. If during the period of the License Aesthetic Type so requests, you are required to provide complete, accurate answers to Aesthetic Type’s questions concerning equipment in which you have installed the Font Software and uses to which the Font Software has been put, certified by an officer of the company. In addition, upon at least 10 days’ advance notice, Aesthetic Type may, either through its own employees or through a third party designated by Aesthetic Type, inspect your records and equipment to verify compliance with the terms of the License. Aesthetic Type will treat in confidence all information to which it has access in making an inspection, except as may be reasonable to enforce the License.

b. This License is subject to termination in Aesthetic Type’s sole discretion if you violate any of the terms and conditions stated herein. Aesthetic Type may, but is not required to, suggest revised conditions of the License on which you may continue to use the Font Software after curing the violation in an appropriate manner. (For example, if you failed to respect the EULA User limitation, Aesthetic Type may require as a condition to continued use that you expand the License to unlimited users so there will be no need for future oversight on this issue.)

c. In the event of the termination of this License, you must destroy the Font Software and all copies thereof, as well as all materials containing the Font Software in all forms of media. You must promptly submit a declaration signed by an officer of the company that attests to the destruction of the Font Software and materials in conformance with this License. No fees will be refundable to you upon termination. The cure of a violation or the termination of the License is without prejudice to Aesthetic Type’s entitlement to damages (for example, if you violate section 1(e), you will be required to pay damages as described in that subsection) and costs, pursuant to section 3(d).

d. If you violate any of the provisions of this License, in addition to any damages the violation may cause Aesthetic Type, it will be entitled to payment by you of the costs incurred by it to investigate and address the violation, enforce the License and/or finalize a settlement, including reasonable investigators’ and attorneys’ fees.

4. Disclaimer

a. The Font Software is provided “as is”. Aesthetic Type disclaims all warranties, express or implied, of merchantability or fitness for a particular purpose or otherwise with respect to the Font Software.

b. Aesthetic Type does not warrant that the operation of the font software will be uninterrupted or error-free, or that the Font Software is without defects. If the Font Software at the time of delivery to you is corrupted or delayed during transit or is found to otherwise contain a flaw that can be reproduced by Aesthetic Type in its review of the Font Software, Aesthetic Type will provide replacement Font Software for the same font styles. Aesthetic Type cannot give refunds, and an exchange will only be made in the case of a defect.

c. Under no circumstances shall Aesthetic Type be liable to you or any other party, whether in contract or tort (including negligence) or otherwise, for any special, consequential, or incidental damages, including lost profits, savings or business interruption as a result of the use of the Font Software even if notified in advance of such possibility. You hereby agree that your entire, exclusive, and cumulative liability and remedy shall be limited to the total fees paid by you to Aesthetic Type hereunder.

d. Some jurisdictions do not allow the exclusions of warranty limitations in connection with purchases by consumers. This disclaimer section will be deemed amended to the extent that you are provided rights by consumer statutes and regulations in those jurisdictions that override any provisions herein.

5. General

a. Particularly in order to ensure adherence to the limitations of this License, Aesthetic Type reminds you that the License is non-transferable, and any transfer in violation of this provision will be null and void from inception. This means that you may not assign your rights or obligations under this License, in whole or in part, to any other person or entity without Aesthetic Type’s prior written consent. Except as specifically permitted in this License, you are not authorized to copy, share or lend the Font Software. If someone else would like to use the Font Software, including one of your vendors other than a 2D printer, the appropriate solution is to purchase a license. (Aesthetic Type may at its discretion decline to license a use.)

b. No waiver of any provision of this License or of any right or remedy hereunder will be effective unless in writing and signed by the party against whom the waiver is sought to be enforced. No delay in exercising, course of dealing with respect to, or partial exercise of any right or remedy hereunder will constitute a waiver or relinquishment of any other right or remedy, or future exercise thereof.

c. All notices must be in writing and will be deemed to be delivered on the first business day following the date sent by electronic mail, unless the sender receives notice of delivery failure; by certified mail, postage prepaid, return receipt requested; or by a reputable overnight courier or mail-delivery service, at the address given above for the party to whom the notice is directed or to such other address of which the sending party has previously received notice in conformance with this section.

d. This License shall be governed by, and construed in accordance with the laws of the State of California, excluding its rules governing conflicts-of-law. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this EULA. Any dispute relating to this Agreement will be decided solely in the courts located in the State of California and City of San Diego, and the parties irrevocably submit to the personal jurisdiction of said courts for that purpose. The rights and obligations of the parties arising from this contract are based on United States law, even in the event that the exertion or breach of contractual rights takes place in a foreign country.

e. Aesthetic Type warrants that it is the creator and sole owner of the Font Software and retains all worldwide right, title and interest in and to the Font Software and the typeface designs rendered by the Font Software, without limitation, including all copyright, patent, trademark, trade secret and other intellectual property rights therein. The Licensee agrees that the Font Software and documentation are protected by the United States intellectual property laws, by the copyright and trademark laws of other countries, and by international treaties, regardless of where the Font Software is registered. All rights not expressly granted by this License are reserved by Aesthetic Type. Any copies that you are permitted to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or contained in the Font Software.

f. This License, as modified by any addenda issued by Aesthetic Type, constitutes the complete and binding agreement between the parties with respect to the Font Software, superseding all prior or contemporaneous proposals, communications and understandings, oral or written.

Web Embedding Addendum

THIS ADDENDUM to the numbered end-user license agreement (“EULA”) referenced above (the “License”) is deemed effective as of the date referenced above (the “Addendum Effective Date”), on condition that an authorized representative of the Licensee has completed the online check-out, including clicking agreement to the Addendum terms.

1. The last sentence in section 1(a) of the License is hereby void in connection with the uses of the Font Software permitted by this Addendum. This Addendum is effective only for a term of one year from the Addendum Effective Date specified on your Order Confirmation. All use permitted hereunder must be discontinued by the term expiration date, subject to all of the provisions of the EULA, unless you obtain a new addendum covering a future time period.

2. Section 1(c) of the License are hereby modified to additionally permit you to embed the Font Software within an Internet website under a single Domain, including sub-domains ("Domain") specified on your Order Confirmation. It is a requirement that you own the specified Domain and control the content of the Website. In the case of multiple brands, use of the Font Software is limited to the domains connected to the licensed brand only. You may use the Font Software to style text on your Website using the CSS@font-face mechanism with the provided WOFF and EOT formats only. Other font formats, embedding, or linking uses or techniques are strictly prohibited. Aesthetic Type reserves the right to include or omit additional formats at its discretion in the future. The use of the Font Software for web forms is permitted. However, any other editable use of the Font Software, such as in templates or for use in the creation of customizable designs or products is prohibited.

3. The Font Software is licensed for the maximum number of page views per month (measured over a one-year period) on all websites that use the Font Software, specified on your Order Confirmation. For each domain, the page-view count is for all pages, including subdirectories and subdomains, not just the pages that contain the Font Software. If the monthly traffic of your Website exceeds the maximum number of page views per month for 3 consecutive months, you must acquire a License upgrade (based on the most current Aesthetic Type pricing tables) from Aesthetic Type covering all page views for an additional fee. Aesthetic Type reserves the right to inspect or monitor your usage and you hereby agree to provide written page view usage reports signed by an officer of the company upon request by Aesthetic Type. In the event of a reduction in the number of unique visitors, domains, or you elect not to renew this License, you are not entitled to a refund or any other adjustment under any circumstances.

4. You agree to use reasonable efforts to prevent the unauthorized access, use, duplication, distribution, hot-linking, re-serving or re-directing access to the Font Software. You are not permitted to redirect or otherwise use the Software for the benefit of unlicensed third parties. If you anticipate using the Font Software for the creation of a third party website, you or the third party must purchase appropriate licenses and ensure that your client or end user is properly licensed for use of the Font Software. As a reminder, the use of third party font hosting services is strictly prohibited and the Font Software should be stored and served from the same location as the other software and assets associated with the licensed Domain.

Thank you for taking the time to read and understand this License Agreement. All inquiries may be sent via e-mail to license@aesthetictype.com. The Aesthetic Type website is located at www.aesthetictype.com All Rights Reserved.