END USER LICENSE AGREEMENT

This End-User License Agreement ‘EULA’ constitutes a legal agreement between David Einwaller and the User and establishes the terms and conditions by which you are permitted to install and use the Licensed Font(s) as defined below. By downloading, installing and / or using the Licensed Fonts, you confirm that you have read, understand and agree to be bound by the terms of this agreement. This agreement does not create third party beneficiary rights for any parties. If you do not agree to the terms of this agreement, do not install the Licensed Font(s).

1. DEFINITIONS: “Typeface” refers to all graphic representations of a character and / or glyph, its weight, ornaments and graphics generated by the Font Software by using the Font, or deriving from same and created by David Einwaller, and including rasterized, as well as derived images (bitmap, for example); “Font” refers to the complete set of characters of a same typeface created by David Einwaller, particularly all glyphs of the alphabet, as well as all figures and all characters making up a typeface; “Font Software” refers to the software whose functionalities are described in this agreement, which integrates the Font and enables the generation of the typeface and, as applicable, the ornaments and other characters attached to a Typeface.

2. USER LICENSE: David Einwaller grants the User, subject to their full respect of this License Agreement, a non-exclusive authorization to use the Font Software as a single use within the framework of the project stated above. This specific Font Software License is distributed as donation to the user, and is only valid in the framework of this project. The User agrees to purchase a license if any further or other uses would be applied or considered out of the project’s framework. It is specified that the amount of remuneration paid by the User for the authorization to use the Font Software granted by David Einwaller may vary according to the number of users authorized to use the Font Software, which the User acknowledges. The choice of the Company Size, and consequently the number of Users authorized to use the Font Software granted by David Einwaller, is indicated in the purchase order summarizing the choice of the license, as well as the total price as passed on to the User upon confirmation of his order. This Single Use License authorizes only Users of the contracting party to install the Font Software on their computers. A license is nominative and tied to a legal entity (legal person) or to the physical person who worked with the trial-font(s). The license holder (moral or physical person) can not, under any circumstances transfer —even for free— to another person or another business. The license holder, or licensee must be the person / business who will install the files obtained for use in design work. This is why, any person / society actively participating in a project that implies the installation of David Einwaller’s typeface must purchase their own license that is adapted to their needs. This purchase order is prepared by David Einwaller through its website “deinwaller.com” or via e-mail with this License Agreement prevailing in case of dispute, or directly by David Einwaller. The User agrees to remove none of the credits and copyrights contained in the Font Software.

3. ALLOWED USES: The User may, both with regard to the right of reproduction and to right of representation, use the Typeface on printed documents, electronic documents, graphic design, or in online services and / or on websites, either for integrating the Typeface in media intended to be broadcast and / or distributed in the cinema, or loaded in applications within the framework of the project stated above. User, and subject to full payment of the price of the license covering the numbers of users chosen, it being specified that the user’s right to use the Font Software is, in all cases, limited to the executable code, and that any attempt to access the source code of the Font Software is prohibited. The use of a typeface for the creation of a logotype or other related branding uses, constitutes a particular case. This is why, if this corresponds to your situation, I ask you to contact me directly, so that I can define a specific and realistic license for the conditions of use and the extent of the project. The use of Font Software in blasphemous material, pornographic material, criminally deceptive material, dishonest material, anti-gay material, racist material or in any illegal industry of any kind  /  general malicious or hate activities is not permitted ever.

4. THIRD PARTIES: You may not provide the font or make it accessible to any other third parties. Businesses and / or physical persons subcontracted or in connection with the owner of a typeface license (designers, developers, printers, publishers, etc.) who, for the implementation of a project, are required to install said typeface are not covered by the license of the business that they are working with and must purchase their own license. The installation of a typeface without a license is formally prohibited. Independent workers working together (in the same place or on a network) can not be considered as a single legal entity. Each worker who is likely to use David Einwaller’s typeface must acquire their own license.

5. COPYRIGHT: The font and the accompanying materials are copyrighted and contain proprietary information and trade secrets belonging to David Einwaller. Unauthorized copying of the product even if modified, merged, or included with other software, or of the written materials, is expressly forbidden. You may be held legally responsible for any infringement of David Einwaller’s intellectual property rights that is caused or encouraged by your failure to abide by the terms of this Agreement. You may not under any circumstances embed the licensed fonts into software or hardware products in which the fonts will be used by the purchasers of such products. The acquisition of a license does not make the purchaser the owner of the typeface as such but rather grants them an authorisation to use the typeface as defined by the license in question. This is why, the license holder can in no way modify the files acquired through the use of any software, in any way shape or form and for any reason.

6. GUARANTEES: The User guarantees that he has the legal capacity to agree to this License Agreement, and that he has read and understood the License Agreement. The User expressly recognizes that in using the Font Software, he agrees to be bound by the terms and conditions of this License Agreement. The User guarantees that either the members of the household or the members of the acquiring legal entity, employees and agents as well as any provider called upon to use the Font Software are informed of the terms and conditions of this License Agreement, and agree to be bound by it before using the Font Software.

7. DISCLAIMER AND LIMITED WARRANTY: Any product will be warranted for thirty (30) days. Except as expressly provided above, the product, is provided “as is”. David Einwaller makes 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 product rests upon you. David Einwaller warrants that the functions contained in the product will meet your requirements or that the operation of the software will be uninterrupted or error free.

8. TERRITORIALITY: The holder of the license expressly agrees that this contract shall be drawn up, submitted and interpreted in accordance with Austrian law as it applies to contracts drawn up on its soil. Any dispute concerning this contract will be brought before the court, the sole court competent to judge such matters. The licensee acknowledges that he has read and understood the terms of this agreement and that by using David Einwaller’s font he agrees to be bound by these terms and conditions. No variation in the terms of this contract shall apply in the absence of an endorsement or written authorization signed by David Einwaller.

9. TERMINATION: This Agreement is effective until terminated. This Agreement will terminate automatically without notice by the end of the designated project, or if you fail to comply with any provision contained herein. Upon termination, you must destroy the written materials, the Product, and all copies of them, in part and in whole, including modified copies, if any exist.

10. SUPPLEMENT: I am looking forward to seeing the accordingly licensed font(s) put to use in the mentioned project. Feel free to contact me regarding distribution of the outcome for any promotional purpose. Thank you for respecting my vision of independent type design and for supporting this by using my font(s) in legal ways.