AFFOGATO FONT

TERMS OF USE & SOFTWARE END USER LICENSE AGREEMENT


Please read this agreement carefully. This Terms of Use and End-User License Agreement (“Agreement”) constitutes a binding legal agreement between you (the “Licensee”) and Eric Lobdell (“Licensor”), and establishes the terms and conditions by which you are permitted to install and use the Licensed Software (as defined below) and any related items of Lobdell Property (as defined below). By accepting this Agreement, either by (i) downloading, installing and/or using the Licensed Software, (ii) clicking a box indicating such acceptance, or (iii) executing an order form that references this Agreement, you confirm that you have read, understand and agree to be bound by the terms of this Agreement in its entirety. If you are entering into this agreement on behalf of your employer, your company, your client, or other legal entity (and you have the legal authority to sign contracts on their behalf), then “you” shall also refers to that entity. If not, then this agreement binds you personally. 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 Software.

To enter into this Agreement, you must be (i) eighteen (18) years of age or older, and (ii) be able to form binding contracts under the laws applicable to you. By submitting your order, and downloading and installing the Licensed Software, you are representing and warranting that both (i) and (ii) above are correct.

1. Definitions

1.1.    "Computer” means any device (and in the case of devices which allow simultaneous use by multiple individuals, each individual user account on any such device) capable of using the Licensed Software, regardless of where the Licensed Software is installed.

1.2.    "Derivative Work” means any creation that is based on or derived from the Licensed Software, including but not limited to any revision, modification, translation, abridgment, condensation, expansion, decompilation, encryption, rearrangement, reencoding, digitization, or redigitization, regardless of the medium on which it is recorded or the format in which it is expressed, or any other form in which the Licensed Software may be recast, transformed, emulated, or adapted. For the purposes of this Agreement, a Derivative Work shall also include any compilation that incorporates the Licensed Software.

1.3.    "Document” means a digital file, used in connection with human-readable text that is not executable and is not an Image File. Document formats include, but are not limited to: Portable Document Format files (“PDF”), Electronic Publication files (“ePub”), Adobe’s Digital Publishing Suite format (.folio), Apple’s iBooks format (.iba), and Amazon’s Kindle formats (.azw, .KF8, .mobi).

1.4.    "Embedded Software Files” means any Documents or other software files that contain a copy of the Licensed Software, or data describing the shape or outline of any part of the Licensed Software. In addition to the Document file formats listed in Section 1.3 above, Embedded Software File formats include, but are not limited to: Small Web Format or Flash files (“SWF”), and executable software files for any platform.

1.5.    "Lobdell Properties” means, collectively, the Licensed Software, the Typeface, the Trademarks, the Site, information, photographs and materials made available through the Sites, and all of Licensor’s fonts, designs, software, trademarks, copyrights, or other intellectual property, and all other related items of Licensor intellectual property made available to Licensee pursuant to this Agreement.

1.6.    "Image Files” means: (i) digital files that record images solely in the form of a fixed-resolution matrix of pixels, which may include fixed images of specific characters of the Typeface rasterized in a pixel grid, and (ii) digital files that include scalable outlines of a specific arrangement of characters of the Typeface. Image Files may not contain the Licensed Software or any portion thereof. Examples of Image Files include, but are not limited to: Scalable Vector Graphics (“SVG”) files, Encapsulated PostScript (“EPS”) files Joint Photographers’ Expert Group (“JPEG”) files; Graphics Interchange Format (“GIF”) files; Portable Network Graphics (“PNG”) files; and Tagged Image File Format (“TIFF”) files.

1.7.    "Licensed Software” shall mean the Affogato typeface font computer software which, when used on an appropriate device or devices, renders typographic or ornamental graphic elements in physical or binary form, the use of which is governed by this Agreement and is the property of Licensor and shall include, without limitation, upgrades, updates, related files, permitted modifications, permitted copies, related documentation, and all bitmap representations of the Typeface designs.

1.8.    "Order” means the document(s), online forms or online payment process completed and submitted by Licensee by which, in each case, Licensee agrees to download and install the Licensed Software or use any of the Lobdell Properties, which may include, without limitation, agreements to add additional products and services offered by Licensor under the same terms, documents featuring Licensee’s contact and payment information, products and services ordered, applicable fees, and any other relevant information.

1.9.    "Permitted Computer” means the one (1) Computer used to access and download the Licensed Software, pursuant to the Order submitted by Licensee.

1.10.  "Person” means any individual, corporation, limited liability company, partnership, joint venture, estate, association, joint stock company, trust, unincorporated organization, or government or any agency or political subdivision thereof.

1.11.  "Security Features” means any security mechanisms available for the purpose of preventing any unauthorized Person or Computer from accessing the Licensed Software, including those features implemented after the execution of this Agreement as they become available, including mechanisms to, as applicable: (a) limit the extent of Licensed Software included in an Embedded Software File to a subset of the whole; (b) prevent the extraction of the Licensed Software, in whole or in part, from an Embedded Software File; (c) prevent the reverse-engineering, re-use, importation, decompilation, embedding, or inclusion of such Embedded Software Files that contain any part of the Licensed Software, into other Embedded Software Files; and (d) any other optional feature designed to prevent use of the Licensed Software by any unauthorized Person or Computer.

1.12.    "Site” means https://lobdell.me, mobile or desktop applications and other websites owned or operated by or for Licensor.

1.13.    "Term” means the period commencing on the Effective Date and, subject to the termination provisions set forth in Section 14 of this Agreement: with respect to the rights granted in Paragraph 2, shall be perpetual.

1.14.    "Trademarks” means the names of Licensor and the Licensed Software set forth on the applicable Order.

1.15.    "Typeface” means “Affogato”, the Typeface designed, developed and owned by Licensor, that are rendered by the Licensed Software.

2. Grant of License.

Subject to the terms of this Agreement, Licensor hereby grants to Licensee a limited, non-exclusive, non-transferable, revocable license, during the Term without the right of sublicense, to do the following:

a.    Installation and Archival Copy. On one (1) Permitted Computer (i) install the Licensed Software so that a Licensee Party may display the Typeface, in whole or in part, solely on such Permitted Computer, and (ii) make one (1) backup copy of the Licensed Software for archival purposes only. The Licensed Software may not be installed or used on an internal or external (i.e., internet accessed) server unless all Computers that can access such server are part Permitted Computers

b.    Image Files. Create, reproduce modify, display and distribute Image Files, using the Permitted Computer. All Image Files created pursuant to this subparagraph must not be used in conjunction with any software that, when combined with the Image File, could emulate the functionality of the Licensed Software.

c.    Embedded Software Files. Create and modify Embedded Software Files, using the Permitted Computer, and reproduce, distribute and display Documents. All Embedded Software Files created pursuant to this subparagraph must comply with all of the following:

i.    The Embedded Software File must not allow any exportable content rendered in the Typeface;

ii.    The Embedded Software File must not, through any act or omission of Licensee, allow any Person, or any other software operating on the same Computer to access or use the Licensed Software;

iii.    Licensee must use the same techniques to protect the Licensed Software as Licensee uses to protect the other contents of the Embedded Software File;

iv.    Licensee must enable all applicable Security Features provided by the file format of the Embedded Software File, and must use best efforts to adopt new, superior Security Features as they become generally available; failure by Licensee to fully enable the Security Features of an Embedded Software File is a material breach of this Agreement and will result in its immediate termination without notice; and

v.    Licensee must store the Licensed Software within the Embedded Software File such that all path names and file types are non-obvious and do not reference (a) any trademarks of Licensor, (b) any typographic term of art, or (c) any file name extension associated with fonts and typography, such as .ttf or .otf.

3. Rights Reserved.

This Agreement does not grant to Licensee any right, title or interest in or to the Lobdell Properties, other than the grant of rights expressly provided in this Agreement. All rights not granted by this license are expressly reserved.

4. Restrictions.

Licensee may not, and must ensure that no Person is able to:

4.1.    extract, decompile, modify, reformat, translate, reverse-engineer, assemble, re-digitize, or discover the source code of, or remove or disable any Security Feature of, any Licensed Software or other Lobdell Property;

4.2.    duplicate, share, license, sell, rent, lease, transfer, assign, distribute, offer or otherwise commercially exploit the Licensed Software, or any portion thereof, to any third party by any means without the express written consent of Licensor, except as expressly set forth in this Agreement;

4.3.    alter, remove or obscure Licensor’s proprietary notices, including copyright, trademark, or other legal notices in any Lobdell Property;

4.4.    create any customization, variant, adaptation or Derivative Work of any Licensed Software or other Lobdell Property, or any font software, font design, or typography that incorporates or imitates the data, design, or design statistics of, or that is substantially similar to, the Licensed Software;

4.5.    install or use the Licensed Software in any manner that allows any Person or Computer to access the Licensed Software other than as expressly provided for in this Agreement, or permit or enable any other Person or Computer to use the Licensed Software in any way; or

4.6.    Continue to use any Licensed Software, or Lobdell Property after termination of this Agreement.

5. Licensee Responsibilities

Licensee shall be fully responsible for all use of the Licensed Software by any Person who gains access to it pursuant to the terms and conditions of this Agreement, or as the result of any act or omission of Licensee in violation of this Agreement. Also, Licensee will use its best efforts to adopt new Security Features as they become generally available from time to time.

6. Information Submitted Through the Site.

Licensee’s submission of information through the Site is governed by the Licensor’s Privacy Policy (the “Privacy Policy”). Licensee represent and warrant that any information Licensee provides in connection with Licensee’s use of the Site, Licensed Software, or Lobdell Properties must be true, accurate, and complete, and Licensee will maintain and update such information. Licensee agrees that if any information that Licensee provide becomes false, inaccurate, obsolete or incomplete, Licensor may terminate Licensee’s use of the Site, Licensed Software, or Lobdell Properties.

7. Payment.

In consideration for the rights granted to Licensee hereunder, Licensee shall pay to Licensor a license fee specified on the Order, payable on the date the Licensee enters into this Agreement. Licensee agrees to pay Licensor in accordance with the terms set forth on the Order, on the Site and this Agreement, and Licensee authorizes Licensor or Licensor’s third-party payment processors to bill Licensee’s payment instrument in accordance with such terms.

7.1.    Fees for Licensed Software are posted on Licensor website, and may be changed from time to time. Changes will not be applied retroactively to existing licensees.

7.2.    Licensee hereby represents and warrants that Licensee is authorized to use the payment method provided to Licensor in association with this Agreement.

7.3.    All amounts paid pursuant to this Agreement are non-returnable and nonrefundable. No exceptions will be made.

7.4.    All fees will be paid in US dollars and will not include, and Licensee is responsible for paying any applicable sales, use, gross receipts, excise, import, export, value added or similar taxes, duties or tariffs.

8. Intellectual Property.

8.1.    Licensee acknowledges that Licensor is the exclusive owner of all worldwide right, title and interest in and to the Lobdell Property, including all copies of the Licensed Software, regardless of the format in which they are expressed or the media on which they are recorded. Licensee acknowledges that Licensor shall be the exclusive owner of all worldwide right, title and interest in and to any and all modifications, customization, variations, or adaptations of the Lobdell Property (individually and collectively, the “Modifications”), based on or substantially similar to, the Lobdell Property, inclusive of all Derivative Works, regardless of who made such Modifications or Derivative Works. If Licensee makes or causes to be made any such Modifications, Licensee shall immediately provide Licensor with all copies of such Modifications made by or for Licensee, and Licensor may terminate this Agreement pursuant to Paragraph 10.

8.2.    Licensee agrees not to challenge Licensor’s rights in or to the Lobdell Property, or the validity of any intellectual property or other right of Licensor therein, or to infringe Licensor’s rights therein. All goodwill that may become attached to the Trademarks as a result of Licensee’s use of the Typeface or the Licensed Software shall inure to the exclusive benefit of Licensor. Licensee shall refrain from using the Trademarks as part of any corporate, trade or firm name or style of Licensee. Licensee shall not create a combination mark consisting of any of the Trademarks with the proprietary marks of any other Person. Licensee shall not take any action that could reasonably be expected to impair the registrability, validity or enforceability of any of the Trademarks, nor shall Licensee attempt to register, use or aid any third party in attempting to register or use, in any jurisdiction, any trademark or service mark which may, in the reasonable opinion of Licensor, infringe or otherwise violate Licensor’s rights to the Trademarks.

9. Updates And Upgrades.

Nothing in this Agreement shall be construed to obligate Licensor to provide upgrades or updates of the Licensed Software to Licensee under any circumstances. To the extent upgrades or updates are provided, they shall be provided to Licensee on a license exchange basis, and Licensee agrees that by using an upgrade or update Licensee voluntarily terminates Licensee’s right to use any previous version of the Licensed Software. Upgrades and updates may be licensed with additional or different terms and fees.

10. Transfer of Rights Prohibited.

10.1.    Licensee may not sell, lease, sublicense, or otherwise assign or transfer (each, a “Transfer”) any rights, duties or obligations under this Agreement, in whole or in part, to any Person, including by merger or operation of law.

10.2.    If Licensee is a corporate parent, subdivision, wholly-owned subsidiary, joint venture, unincorporated division, or is otherwise affiliated with another Person (including, without limitation (i) a single publication that is owned or operated by a parent company that owns or operates other publications or (ii) an agency, studio, graphics production company, or similar entity owned or operated by a parent company that owns or operates such entities), Licensee may not permit such Person, or any Person owned, operated, or otherwise affiliated with such Person, to use the Licensed Software in any manner except if such Person separately enters into an agreement with Licensor for the use of the Licensed Software.

10.3.    Any Transfer in violation of this Agreement will be null and void.

11. Indemnification.

Licensee, at its expense, shall indemnify Licensor against all losses, damages, claims, expenses (including attorneys fees and court costs) arising out of or resulting from (a) any use of the Licensed Software by Licensee (unless and only to the extent the loss is attributable to a breach by Licensor of any obligation under this Agreement), (b) any breach by Licensee of this Agreement, or (c) any actions by Licensee Parties or Persons that would constitute a breach of this Agreement if that Licensee Party were a party to this Agreement and its obligations were substantially the same as Licensee’s obligations.

12. No Warranty

12.1.    THE LICENSED SOFTWARE IS PROVIDED “AS IS.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DOES NOT MAKE ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, OR STATUTORY, RESPECT TO THE LICENSED SOFTWARE, LOBDELL PROPERTIES, OR OTHER SERVICES PROVIDED HEREUNDER OR THAT THE LICENSED SOFTWARE, LOBDELL PROPERTIES, OR OTHER SERVICES WILL BE “ERROR-FREE” OR FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE SUITABLE, RELIABLE, ACCURATE, LEGAL OR SAFE. ALL IMPLIED WARRANTIES AS TO SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NONINFRINGEMENT AND ANY WARRANTY ARISING OUT FO COURSE FO DEALING OR USAGE OF TRADE, ARE EXPRESSLY DISCLAIMED. YOU AGREE THAT LICENSOR IS NOT LIABLE FOR THE CONDUCT OF OTHER PARTIES, INCLUDING OPERATORS OF THIRD PARTY WEBSITES AND THIRD PARTY SERVICES. OR OTHERWISE WITH IN ADDITION, THERE IS NO WARRANTY OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT.

12.2.    LICENSEE UNDERSTANDS AND AGREES THAT LICENSEE DOWNLOADS AND/OR USES THE LICENSED SOFTWARE AT LICENSEE’S DISCRETION AND RISK AND THAT LICENSEE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ANY COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE LICENSED SOFTWARE.

12.3.    SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO LICENSEE. LICENSEE MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

13. Disclaimer Of Liability.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO LICENSEE FOR ANY LOSS, COST OR DAMAGE, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, WORK STOPPAGE, LOSS OF DATA, OR COMPUTER FAILURE, DAMAGE OR MALFUNCTION, OR FOR ANY CLAIM BY ANY PARTY, EVEN IF LICENSOR HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY TO LICENSEE FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE LESSER OF (I) AMOUNT PAID BY LICENSEE UNDER THIS AGREEMENT OR (II) ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. LICENSOR AND LICENSEE ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT THE PRICE FOR THE LICENSED SOFTWARE IS DETERMINED IN PART BY TAKING INTO ACCOUNT THE EXISTENCE OF THESE LIMITATIONS. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO DAMAGES ARISING FROM DEATH OR PERSONAL INJURY TO PERSONS OR TANGIBLE PROPERTY IN ANY JURISDICTION WHERE SUCH LIMITATIONS PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO LICENSEE.

14. Breach And Termination.

14.1.    Licensor may terminate this Agreement immediately by written notice to Licensee upon failure by Licensee to comply with the terms of this Agreement, including without limitation, by use exceeding the scope of the licenses granted in Section 2 of this Agreement.

14.2.    Licensor may terminate this Agreement or suspend Licensee’s rights to use the Licensed Software upon written notice to Licensee if:

a.    Licensee has materially breached any obligation under this Agreement and failed to cure the breach to Licensor’s reasonable satisfaction within fifteen (15) days following receipt of notice of the breach;

b.    a Person other than Licensee has used the Licensed Software employing Licensee’s access rights or Licensee’s copy of any software;

c.    Licensee stops or suspends doing business;

d.    Licensee becomes insolvent or becomes subject to any bankruptcy or insolvency proceeding under federal or state law (unless the proceeding is removed or dismissed within sixty (60) days from the filing date) or becomes subject to direct control of a transferee, receiver, or similar authority or makes an assignment for the benefit of creditors; or

e.    as a result of an acquisition, merger, reorganization or strategic business relationship, Licensee becomes a competitor of Licensor (by developing, licensing, or distributing font- or typeface-related software or services) or, in Licensor’s reasonable opinion, is likely to become such a competitor of Licensor within one hundred eighty (180) days.

14.3.    The termination of this Agreement shall automatically terminate and extinguish the licenses granted herein. Upon any such termination, Licensee shall immediately destroy the original and all copies of the Licensed Software in its possession and Licensee shall have no further right to use the Licensed Software pursuant to this Agreement.

14.4.    In lieu of termination, Licensor reserves the right to (a) require that Licensee immediately cease any unauthorized use in violation of the terms of this Agreement and (b) assess additional fees for the unauthorized use.

14.5.    Licensor’s rights and remedies under this Agreement shall be cumulative and not exclusive of any other rights or remedies provided hereunder or by law.

14.6.    Sections 1, and 3 through 15 of this Agreement, and any terms that by their nature survive termination, shall survive the termination of this Agreement.

15. General Provisions.

15.1.    Assignment. This Agreement applies only to Licensee and may not be assigned or transferred by Licensee, and any attempted assignment or transfer by Licensee shall be null and void. This Agreement shall be fully assignable, in part or in whole, by Licensor and shall binding upon, and inure to the benefit of, the successors and assigns of Licensor.

15.2.    Governing Law. This Agreement will be governed by and construed according to the laws of California, U.S.A. without regard to that body of law controlling conflicts of law. The Uniform Computer Information Transactions Act and the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

15.3.    Arbitration; No Class or Representative Actions; Time Limitation of Claims. In the event of any dispute or claim arising out of or in connection with or relating to this Agreement, Licensee agree to first contact Licensor and attempt to resolve the dispute with Licensor informally. If Licensor has not been able to resolve the dispute with Licensee informally, the parties each agree to resolve any such claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) by binding arbitration. Licensee agrees that the arbitration shall take place with the American Arbitration Association in Santa Clara County, California, U.S.A. or other mutually agreeable arbitration service or location, and Licensee agrees to submit any claim on Licensee’s individual behalf and waive any and all right to participate in a class action. Nothing in this Agreement shall prevent either party from seeking injunctive relief or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Licensed Software or Lobdell Properties, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts located in Santa Clara County, California for such purpose or to enforce any arbitration award to the fullest extent permitted by law.

15.4.    ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO ACCESS OR USE OF THE LICENSED SOFTWARE OR THIS AGREEEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

15.5.    Notice for California Users: Under California Civil Code Section 1789.3, users of the Licensed Software from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at [email protected]

15.6.    International Use. Licensor provides and operates the Licensed Software and Lobdell Properties from its facilities in the United States. If Licensee access the Licensed Software and Lobdell Properties from outside of the United States, Licensee does so at its own risk, thereby expressly consent to the transfer of Licensee’s data to the United States and is solely responsible for compliance with applicable laws including intellectual property laws, unsolicited communications laws, competition laws, advertising laws, obscenity, privacy and publicity laws, and laws governing export and import.

15.7.    Export Control. Any software available in connection with the Licensed Software and Lobdell Properties and the transmission of applicable data, if any, may be subject to United States export controls. No software may be exported or re-exported in violation of U.S. export laws.

15.8.    Force Majeure. Licensor shall not be liable for any alleged loss or damages resulting from failure to perform or interruption of Licensed Software or Lobdell Properties due to acts of God, natural disasters, strike, shortages of labor, governmental priorities, energy crises, war, riots or for reasons beyond Licensor’s reasonable control.

15.9.    Waiver and Severability. No waiver will be implied from conduct or failure to enforce rights. If any part or sub-part of this Agreement is found invalid or unenforceable, that part or sub-part will be enforced to the maximum extent permitted by law and the remainder of this Agreement will remain in full force.

15.10.    Construction. This Agreement is written in English and the governing language shall be English. The use of the singular includes the plural and vice versa, as the context may require. The headings used in this Agreement are for convenience of reference only and shall not in any way affect the interpretation of the provisions of this Agreement.

15.11.    Agreement. In case of conflict between this Agreement, the Order and any other statement or policy on Licensor’s Site, this Agreement shall control, except to the extent an Order explicitly modifies this Agreement or part thereof, in which event such modification shall apply only with respect to that particular Order. This Agreement represents the entire agreement between the parties relating to its subject matter and supersedes all other representations.

Thank you for reading this far and taking the time to understand this License Agreement! Your support makes work like this possible!

(c) 2016 Eric Lobdell
http://lobdell.me // [email protected]