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Mobile App License Agreement

This license agreement is a legal contract between you and the Process Type Foundry, LLC (“Process”). When you purchase a font, you are purchasing a license — the right to use a font under conditions defined in the license agreement. It is important to read and understand this agreement because it details your rights, the acceptable uses of our fonts, and the rights Process reserves.

By downloading or using Process fonts, you confirm that you understand and agree to the terms of this license agreement, and that you have the authority to enter into this agreement and bind the licensee identified in the sales receipt. Upon payment in full, Process grants to you a worldwide, perpetual, non-exclusive, non-transferable, revocable, limited license to use our fonts under the following terms and conditions.

1. Acceptable Uses
The following are allowed by this agreement; you may:

1a. Use the fonts for commercial or personal purposes.

1b. Embed the fonts for use as a publication resource within the application specified on your sales receipt (“app”). Further, use of the font software in hand-held devices running one of the following operating systems is permitted: Android, Android-based mobile operating systems, Blackberry 10, iOS, KaiOS, Symbian OS, Windows 10 Mobile, or Windows Phone. You agree to take commercially reasonable efforts to ensure that the fonts cannot be extracted from the app such as by masking, cloaking or hiding of the font and/or the font folder in the resource files of the app.

1c. Distribute the app to end users of the app without limitation of downloads.

1d. Install and use the fonts on one computer solely for the purpose of developing the app. Installation or use of the fonts for other purposes or on more computers requires the purchase of an additional license.

1e. Make a reasonable number of back up copies of the fonts. Copies must contain the same documentation, copyright, trademark, and other proprietary notices that appear on, in or with the fonts.

2. Restrictions on Use
This agreement expressly prohibits the following; you may not:

2a. Modify the fonts with font creation or font manipulation software of any kind or commission or authorize any third party to undertake modifications to the fonts. Under no circumstances may you modify, adapt, translate, rename, reverse engineer, decompile, disassemble, alter, or otherwise attempt to discover the source code of the font software or the designs embodied therein.

2b. Embed the fonts, or the designs forming the fonts in software, hardware, or in any other form except as expressly permitted herein. Further, you may not alter the embedding bits of the fonts or change the embedding bit software restrictions that control the ability of a user to view, print, edit, or install the fonts.

2c. Use the fonts with the CSS rule @font-face (web fonts) or other forms of font linking, regardless of format. A separate license is available from Process for this purpose.

2d. Store or use the fonts in a way that makes them accessible to the public or non-licensed parties except where such use is expressly allowed by this Agreement. This includes, but is not limited to, distribution of the fonts through file sharing services and online version control or asset file repositories accessible by the public.

2e. Embed the fonts in software that creates new documents or template documents where the fonts are embedded, bundled, transmitted, or otherwise made available in or for use in a new document such as, for example only, a personalized invitation, customized portfolio, or customized product.

If you wish to use the fonts in a manner not permitted by this license, you must secure i) a separate license from Process, ii) written permission from Process, or iii) a license extension by contacting Process directly, at Process’s sole discretion.

3. Rights Reserved
3a. You expressly acknowledge that the font software, the designs embodied therein, the trade names and the associated trademarks and copyrights are each the exclusive property of Process. All rights not expressly granted under this agreement are reserved to Process.

3b. You agree that the fonts and the design of the fonts embodied therein are owned by Process and the fonts’ structure, organization and code are the valuable trade secrets of Process. You acknowledge that the fonts are, among other means, protected under United States trademark and copyright law, by the trademark and copyright and design laws of other nations, and by international treaties.

4. Warranties and Limitations
4a. Except where expressly disclaimed, Process represents and warrants that the fonts will perform substantially in accordance with the representations made herein. To make a warranty claim, you must notify Process together with a copy of your sales receipt. If the font does not perform substantially in accordance with the representations, Process will work to fix the issue and offer replacement font files. If Process is unable to fix the issue, the entire and exclusive liability and remedy shall be limited to a refund of the license fee you paid for the fonts. Process and its suppliers do not and cannot warrant the performance or results you may obtain by using the font software.

4b. PROCESS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROCESS DOES NOT WARRANT THAT THE OPERATION OF THE FONTS WILL BE UNIMPEDED, UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONTS ARE WITHOUT DEFECTS. WITHOUT LIMITING THE FOREGOING UNDER NO CIRCUMSTANCES SHALL PROCESS 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, LOST SAVING, LOSS OF DATA, SLOWING OF TRANSMISSION SPEEDS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF OR THE INABILITY TO USE THE FONTS EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY.

4c. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or implied warranties. Any implied warranty or other right created by law is only effective for a ninety (90) day warranty period. There are no warranties or conditions of any kind after the ninety (90) day warranty period. To the extent permissible by law, you agree that all implied warranties are not to be effective for more than thirty (30) days. The terms and conditions of this agreement are contractual in nature.

5. Termination
Any breach of the terms of this Agreement by you shall be cause for immediate termination by Process without the obligation of notice or opportunity to cure. Process shall be entitled to seek any and all remedies under law or equity, including injunctive relief without the obligation of security or bond. You agree to immediately destroy the font software and certify that no copy remains in your possession or control. No fees will be refundable upon termination.

6. Choice of Law
You expressly agree that this agreement shall be governed by the laws of the State of Minnesota, USA, as they apply to contracts wholly performed therein and without respect to its conflict of laws provisions or the conflict of laws provisions of any other jurisdiction. You expressly submit to the jurisdiction of the state and United States federal courts in the forum selected by Process for the purposes of resolving any dispute arising under this agreement and you expressly waive all defenses arising out of the selection of the jurisdiction and forum and agree to service of process by certified mail, return receipt requested. You hereby expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This agreement may only be modified in writing, signed by an authorized officer of Process.

7. No Other agreements
This agreement represents the complete and exclusive agreement between you and Process and it supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this agreement. No variation of the terms of this agreement or any different terms will be enforceable against Process in the absence of an express written amendment or consent, including a written express waiver of the affected terms of this agreement. If any provision of this agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this agreement shall continue in full force and effect, and the invalid provision shall be replaced by Process with a provision that effects the intent of the invalid provision.

8. Miscellaneous
This agreement may be amended by the written agreement of the parties. Process expressly reserves the right to amend or modify future versions of this agreement at any time and without prior notification. The numberings of the various sections are for convenience only and shall not affect or control the interpretation and enforcement of this agreement.

9. Definitions
9a. In this Agreement, “font”, “fonts” or “font software” have identical meanings and are defined as the designs of the fonts and the software identified on your sales receipt that produces a typeface design(s) together with any other artworks that may be associated with the font.

9b. “You” and “your” are defined as and refer to a customer who has purchased a license to use the fonts. Distributors, resellers, sub-licensees, original equipment manufacturers (“OEM”), or other buyers purchasing in a wholesale capacity are not covered by this agreement. Process products may not be distributed and/or sold to third parties without prior written consent from Process.

10. Thank You
Eric and Nicole thank you for reading this far and taking the time to understand this license agreement! Your support makes this foundry possible.

(c) 2018 Process Type Foundry
https://processtypefoundry.com
info@processtype.com

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