| License Description: |
Graffiti Fonts Electronic Font Software Use License.
EULA (End User License Agreement)
This license governs the use of all fonts, glyphs, letters, artwork & software included in the Graffiti Fonts collection or any portion thereof procured by the licensee or provided by the licensor to the licensee. Buy possessing, installing or using any portion of the Graffiti Fonts product you (or you on behalf of your employer) agree to be bound by the terms of this license agreement. This license constitutes the entire agreement between the licensor & licensee.
Licensor:
Highground Industries / Matthew Napolitano
P.O. Box 362223
Milpitas, CA 95036
http://www.fulltimeartists.com, http://www.graffitifonts.net
graffitifonts@earthlink.net
phone: 408.504.5833
License Granted:
This Agreement is a license agreement and not an agreement for the sale of software or services. In consideration of the license fee paid Highground Industries grants the licensee the non-exclusive, non transferrable & perpetual right to use & display the Graffiti Fonts product licensed through this service. The licensee may install & use the Graffiti Fonts product on up to 3 CPU's for use by a single individual. License for additional products, users, servers &/or sites may be purchased by the licensee at any time at a rate consistent with the license fees previously payed.
Rights Reserved:
Matthew Napolitano & Highground Industries reserve & retain title & exclusive ownership as well as all copyrights to the entire Graffiti Fonts product & all portions thereof not expressly granted in this agreement.
Copyright:
The Graffiti Fonts product and all accompanying materials contain trade secrets and proprietary information that is the sole property of Highground Industries. All rights other than those expressed directly in this agreement are reserved. Neither the licensee nor anyone working on their behalf or anyone who acquires any portion of the Graffiti Fonts product from the licensee may copy or distribute said material in any way other than those specified in this agreement. A single delivery of the product will be made by the licensor to the licensee & a single backup copy may be made by the licensee. By installing &/or using any portion of the Graffiti Fonts product the licensee agrees to avoid any use of the product that would infringe upon the copyrights of Highground Industries & Matthew Napolitano. No release of copyright is expressed or implied by this agreement. This license grants you the right to use the Graffiti Fonts product only under the conditions expressed within this license.
The licensor asserts that copyrights to all material covered by this agreement are entirely owned &/or appropriately transfered to the licensor in a manner which does not conflict with this license agreement.
Prohibitions:
2.) Only the licensee may use the Graffiti Fonts product. The licensee is not granted right to provide individual consumers or other unlicensed parties with access to the product or any derivative work thereof. The licenee agrees that they will not whether in whole or in part, sell, rent, lease, sublease, license, sublicense, lend, time-share, transfer, assign or provide the use of or access to the Software and Related Materials, or any portion thereof, to unlicensed persons.
3.) The licensee is prohibited from utilizing the Graffiti Fonts product to create any derivative work or competing product. For example The licensee may not utilize the product in creation of a font, graffiti art generator, clip art, templates, games or software applications allowing users to create custom graffiti artifacts or designs or any other package or device that would allow a user to access the original letters & other glyphs in the font software without first purchasing the appropriate license from Highground.
4.) The Graffiti Fonts product or any portion thereof may not be published to any website or web-server in any manner which allows non-licensed parties to access the product in any way.
5.) The licensee may not obscure, alter or remove any copyright or trademark notices.
Disclaimer:
The Graffiti Fonts product is provided in "AS IS" condition with no expressed warranties of merchantability or fitness for any particular use. The Licensor (Highground Industries / Matthew Napolitano) shall not be held liable for any direct, indirect, consequential or incidental damages such as loss of business profits, business interruption, loss of information etc. arising from the use or inability to use the Graffiti Fonts product.
Governing Law:
This license agreement is governed by the laws of the United States of America, the state of California and applicable international treaties and/or conventions.
Termination:
This license will be immediately terminated without notice from Highground Industries if any of the terms are violated. If the license is terminated you the licensee must cease use of the product & destroy all copies.
Limited Warranty:
Highground Industries asserts that all portions of the Graffiti Fonts product are free from defects in materials & workmanship under normal use for a period of 90 days. Graffiti Fonts typefaces contain between 26 & 240 glyphs in english. All fonts, images & other files are in working order for the operating system chosen by the licensee at the time of purchase. The Licensee may return materials thought to be defective within 90 days of purchase & receive at highgrounds discretion replacement copy or refund.
During the warranty period, Licensor's entire liability and Licensee's exclusive remedy shall, at Licensor's option, be one of the following:
1.) Licensor may attempt to correct or work around Errors;
2.) Licensor may replace the Software and Related Materials;
3.) Licensor may refund to Licensee the license fees paid to Licensor upon return of the Software and Related Materials to Licensor or its authorized distributor.
No Implied Waiver
No failure or delay by Licensor in enforcing any right or remedy in this Agreement shall be construed as a waiver of any future exercise of such right or remedy by Licensor.
Conflict of Documents
Any conflict between the terms of this Agreement and any purchase order or other document in relation to the license granted hereby shall be resolved in favor of the terms of this Agreement.
Equitable Relief
Licensee acknowledges that any breach by it of any of the terms of this Agreement is likely to result in irreparable harm or damage to Licensor and that, in the event of such breach, in addition to any and all remedies at law, Licensor shall have the right to obtain an injunction, specific performance or other equitable relief to prevent the continuous violation of the terms of this Agreement.
Severability
If any portion of this Agreement is deemed by any court of competent jurisdiction to be illegal or unenforceable, then the remaining provisions of this Agreement shall remain in full force and effect notwithstanding.
Conclusion:
This license constitutes the entire agreement between the licensee & Matthew Napolitano DBA Highground Industries for the use of the Graffiti Fonts product to which this license is assigned. |