This is an agreement between you (“You” or “Licensee”) and Simon Abranowicz, publicly known as “Simon Type”, an individual with an address of 2005 Margaretville Mountain Road, Margaretville, NY 12455 (“Licensor”). By purchasing and installing or otherwise handling the Version 2.0 2018 digital typeface software (“Fonts”), You accept the terms of this agreement.
Licensee certifies and agrees that as between Licensee, on the one hand, and Licensor, on the other, Licensor is and shall be deemed the sole author and/or exclusive owner of all of the foregoing for all purposes and the exclusive owner throughout the world of all rights comprised in the copyright thereof, and of any and all other rights thereto, and that Licensor shall have the right to exploit any or all of the foregoing in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages as Licensor determines.
Licensee is granted one (1) non-exclusive license to use the Fonts on devices within Licensee’s company or organization. You may not assign or delegate any of the rights or obligations set forth under this agreement including, but not limited to clients and/or third parties, without Licensor’s prior written consent. Any purported distribution, assignment or delegation by Licensee contrary to the foregoing shall be null and void.
Fonts will be delivered digitally through email upon payment from Licensee. All payments will be processed through Swipe and charged in United States Dollars (USD).
Licensee acknowledges all purchases are final. Neither refunds, nor exchanges are available, except in the case of fault on behalf of Licensor, to be determined at Licensor's sole discretion.
Licensee may make archival copies of the Fonts, but may not modify, distribute, lend, rent, sell, give away, publicly or privately share the Fonts in any case.You may not commission a third party to modify the fonts. Licensor retains the sole right to vary, change, alter, modify and delete from the Fonts hereunder, and retains the benefit of the law known as “droit moral” and/or “moral rights” and/or any similar law in any jurisdiction of the universe.
Licensor may terminate this agreement if Licensee commits any breach of the terms and conditions hereunder. After termination, Licensee shall destroy any copies of the fonts, including archival copies.
Except as expressly provided above, the fonts, are provided “as is”. licensor does not make any warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose.
The entire risk as to the quality and performance of the Fonts rests upon You. Licensor does not warrant that the functions contained in the Fonts will meet your requirements or that the operation of the software will be uninterrupted or error free.
Licensor shall not be liable for any direct, indirect, consequential, or incidental damages (including damages from loss of business profits, business interruption, loss of business information, and the like) arising out of the use of or inability to use the fonts even if licensor has been advised of the possibility of such damages.
This agreement is governed by the laws of the State of New York and the United States. The agreement contains the entire understanding of the parties relating to its subject matter, all prior and contemporaneous understandings being merged herein, and supersedes any and all such understandings and agreements between the Parties, whether oral or written.
SCHEDULE OF LICENSES
Licensor offers the following licenses, all subject to the terms and conditions stated above.
Desktop Licenses. Desktop licenses are based on the number of users that are using the typefaces and come as OpenType format.
Web Licenses. Web Licenses will be offered as a one-time purchase based on the relevant website’s estimated number of page views. Licensee must routinely upgrade all licenses to accurately reflect the monthly number of page views. When purchasing a web license, You will receive the typeface(s) in .WOFF, .WOFF2 and .EOT format.
Trial Licenses. Trial fonts are available for free download and contain a limited character set. They are for testing purposes only, and are subject to the terms and conditions hereunder. Please contact Simon for a trial.
Student Licenses. Student licenses are available upon request.
Other. Further licensing options for multiple users or broadcasting, as well as customization of all typefaces from just a few glyphs to whole families, are available on request.