End User License Agreement

Hamilton Wood Type End User License Agreement and Limited Warranty (until Jan 2014)

Thank you for purchasing P22 fonts. To ensure that P22 continues to bring you more exciting, historically relevant type, please take the time to read this agreement. It might not be the most fascinating read, but it’s very important and may answer many questions that you may have. Please register your fonts and remember that free software is an exception, not the rule.

1. Notice to user. You (End User) have not purchased the ownership rights to this font, but rather a license to use this font on a limited basis. Purchasing a license for any P22 font or font distributed exclusively by P22 such as and not limited to: Hamilton Wood Type Foundry, International House of Fonts, Lanston Type Company, Sherwood Collection, and other, via download, e-mail, packaged font software or other media, constitutes an agreement between P22 type foundry, Inc (“P22”) and the end user of the enclosed typefaces (“software”) that the following terms and conditions of this contract will be followed. If you do not agree with the terms of this agreement, do not download this font software. If you have already downloaded this font software and do not agree with these terms, all files must be deleted. A signed affidavit may be required to receive a refund.

2. Grant of License and Number of Devices. This basic P22 distributed software license is limited for use on a total of a single device at one site. A device is defined as a computer, printer, character generator, server or any other machine that uses P22 font data to rasterize letterforms. A site is defined as one physical location.

A laptop will be associated primarily with the licensed location. Simply working offsite on a laptop is permissible in by this license and is regarded as an extension of the “site”.  A laptop that transports work from one distinct network to another distinct network will require additional licensing.

Additional licensing is required for the following scenarios: installation of the font(s) on more than one (1) device (Multi-Device License); use over a LAN/WAN server network (Site License); installation of the font software at more than one location (Corporate License).

The use of the font by a printer/service bureau also requires the purchase of a license. P22 recommends that all jobs be sent to service bureaus as either eps files flattened to outlines or as non-editable PDFs. This will prevent the need for the printer/service bureau to purchase an additional license.

2a. One copy of the font software may be made for backup. You may transfer the original software to another party provided that all materials, including, this software license and back-up copy is transferred. All copies must be removed from the originating end user’s (your) device. P22 must be notified when this transfer takes place and the recipient must agree to the licensing terms and conditions contained in this agreement. This will constitute a transfer of the license to the new user.

3. Fair Use. This basic P22 software license is intended to accommodate limited use as in the course of everyday correspondence and document writing, and in the design of self-promotion pieces like business cards, newsletters and brochures and/or in providing spec work for clients. Licensing Upgrades must be obtained for the following uses designated “Professional” or Commercial”:

Broadcast and /Network Use
Film Production including titles, credits and promotional items
Products/Merchandising
Retail Packaging/Product Tags/Branding
Store Artwork and Signage
Large Scale Advertising and Publishing
ePubs/eBooks
Mobile Apps
Online, Web Sever Applications
Webfonts
Video Games
Enterprise/3rd Party Licensing
Corporate Identity/Style Guide inclusion
Logo design incorporating illustrative elements (also known as “dingbats”,  “extras”,  “ornaments”).

Use of a P22 font or font distributed exclusively by P22 to create a product sold for profit requires an additional license. A product license is required if you are purchasing this font license for use as the principle design element to create alphabet or letterform products such as, but not limited to, scrapbooking alphabets, rubberstamps, refrigerator magnets, house numbers, stencil kits, decals, digital art (screensavers, 3-D models, or other computer application), gaming devices and Apps. Or, if you are otherwise incorporating the font software as a design element within any products for sale, including but not limited to apparel, glassware, stationery products, artwork and photography.

Contact p22@p22 for a quote.

3a. The font may not be modified without the written consent of P22. The modified font software may not be sold or distributed, unless under special arrangement and consent of P22.

4. Font Embedding. The basic P22 software license allows for the embedding of P22 font software within non-editable, non-commercial documents, with view and print rights only. If P22 fonts can be extracted, edited and therefore transferred in any way, an additional license is required to account for each recipient of the document and font file(s). A licensing upgrade must be purchased if you are embedding the fonts within publicly distributed PDFs, editable documents, and use within any applications and devices.

5. Copyright. The software and accompanying documentation are copyrighted and contain intellectual property information protected by law. You may not make or distribute copies of this software or accompanying documentation without the express written consent of P22.

6. Disclaimer and Limited Warranty. P22 warrants that the font software is free of errors and will be replaced within 90 days of purchase in the event of defective media. If failure of the font software results from accident, abuse, or neglect, P22 assumes no responsibility to replace the software.
THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AND P22 SPECIFICALLY DISCLAIMS THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. IN ADDITION, P22 DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR THE WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS A RESULT OF THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER.

7. Update Policy. At the option of P22, there may be an updated version of the software available for a nominal fee, which will be offered to registered users.

8. Purchaser’s Indemnity. You agree to inform any person (employee/co-employee/employer) having access to the P22 Software and copies thereof, of the terms and conditions of this Standard License Agreement and to ensure that these terms and conditions are abided. You agree to indemnify and hold P22 harmless from any and all claims, liabilities, and costs including attorney’s fees, arising out of your breach of this agreement or promises you made. If these terms are not agreed to and respected, P22 reserves the right to revoke Grant of License.

9. Construction. This agreement is governed by and constructed in accordance with the laws of the State of New York. All disputes between P22 and the end user, whether or not arising hereunder, shall be conducted within the courts and jurisdiction of Erie County, New York.

Please register your fonts. If you have purchased your font(s) directly from P22, you have been automatically registered. If you ordered your font from an authorized P22 reseller, please keep a record of the time and place of the purchase. If you purchased a CD, send in the reply/registration card enclosed within each package.

©2012 P22 type foundry, Inc, all rights reserved

For further information: http://www.p22.com