Desktop Font
Single User License Agreement
This End User License Agreement (hereafter referred to as the "Agreement") is a legal agreement between you, the Licensee (hereafter referred to as "You") and Shalene McKay, the Designer (hereafter referred to as the "Designer") and becomes a binding contract between You and the Designer.
This Agreement governs the terms of use of the HookinCrochet Font Software and the design of the
fonts embodied therein (hereafter referred to as the "Font Software"), together with any media, printed
materials, electronic documentation, updates, add-ons, artwork, web services and any material that
may be associated with the product now or in the future.
This agreement becomes effective when you accept the License Agreement, or when you acquire the
Font Software, or when you open the compressed electronic file in which the Font Software is
contained.
If You do not wish to enter into this Agreement, do not purchase, access, download or install or otherwise use the Software.
The Font Software licensed under this Agreement and its inherent digital, device-readable, scalable
data is supplied to You by the Designer for USAGE ONLY, and remains the intellectual property of the
Designer of the Font.
The Designer reserves all rights not expressly granted to you under this license Agreement.
Upon payment in full, you are granted a non-exclusive, terminable and non-transferable License to
use the Font Software in accordance with the following terms and conditions.
PERMITTED INSTALLATIONS AND USES
Use of the Licensed Font Software is permissible under the following conditions:
Pricing
Use of the Licensed Font Software is strictly and explicitly limited to the number of End Users paid for
at time of purchase. For a single EULA purchase, the Font Software may be installed on not more
than two (2) devices, such as a desktop computer, a laptop, a notebook or a netbook. However, this
does not allow concurrent use and is not the same as purchasing a license for two users. If two
people will be using the fonts, one on your laptop and one on your computer, you will need to
purchase two Single User Licenses.
Design Uses
You are permitted to use the Font Software in the creation of design works and rasterized images for
web sites and documents for both your personal and/or professional use provided that no
unauthorized uses or copies of the Font Software are transferred to any unlicensed party.
You are permitted to embed or otherwise include the designs of the fonts embodied in the Font
Software in a PDF, PowerPoint, Word or similar-type electronic document, distributed physically or
online for personal or commercial use ONLY IF the Fonts cannot be extracted ("read-only").
You may use the Font Software to distribute and print as many copies of your design works, images
and documents with no restrictions on quantities.
FONT SOFTWARE BACKUP COPY
You are permitted to keep a single backup copy of the Font Software in the cloud, locally on a
desktop, laptop or mobile device, or on a studio server. You, as the Single End User, must be the only
person who maintains and/or has access to the backup copy.
The Font Software may NOT be sub-licensed, sold, leased, rented, lent, or given away to any other
person or entity.
TRANSFER OF LICENSE
You are NOT permitted to transfer your rights to use the Font Software and documentation to any
other person or legal entity.
SERVICE PROVIDERS/BUREAUS
In the event that you require the services of a third party such as a commercial printer or another
service company for the production of colour proofs, or preparation for digital pre-press production or
printing, you may take a digitized copy of the Font Software used for a particular document, or Font
Software embedded in an electronic document that is sent to a commercial printer or service bureau
for use by the printer or service bureau for preparing the document provided that the printer or service
bureau represents that it shall destroy any and all copies of the Font Software upon completion of its
work. Notwithstanding, you agree that the transmission of a "print/preview" PDF document is the first
and preferred method of transmitting such documents to a service bureau or printer.
In the event that the service provider/bureau is required to undertake any editing of your documents,
the service provider/bureau will be required to purchase their own Single User License in order to be
permitted to undertake any editing tasks.
It is YOUR responsibility to inform the commercial printer/service company about the content of this
license agreement.
REFUNDS
The Font Software may be exchanged only if defective. If you do not agree to the terms of this
Agreement and you wish to claim a refund you must (a) certify that no copy of the Font Software
remains in your possession or control and (b) provide proof of a valid sale and a valid sales receipt.
All claims must be made within one (1) week of purchase.
USAGE RESTRICTIONS
Limited Embedding
Licensed End Users are permitted to embed or otherwise include the design of the fonts embodied in
the Font Software in a PDF, PowerPoint, Word or similar-type electronic document, distributed
physically or online for personal or commercial use ONLY IF the Fonts cannot be extracted ("readonly").
Embedding the Font Software in PDF, PowerPoint, Word or similar-type documents where the Font
Software can be extracted or used in any way beyond "read-only" is expressly prohibited.
If you are unsure how to prevent font extraction, review your embedding software prior to creating
documents containing embedded copies of the Font Software.
Licensed End Users are NOT permitted to embed or otherwise include the design of the fonts
embodied in the Font Software in eBook formats for use on eBook Readers, which include, but are
not limited to the following eBook Readers and Ebook formats; Amazon Kindle, Barnes and Noble
Nook, Kobo eReader, Sony Reader, Mobipocket Reader, Microsoft Reader, Apple iPad, Apple
iPhone, AZW, KF8, eReader, LIT, EPUB, MOBI and iBooks, distributed physically or online for
personal or commercial use under any circumstances.
The embedding and distribution, the use of the CSS @font-face rule, or the otherwise copying and/or
inclusion of the Font Software or the design of the fonts embodied therein in eBooks is expressly
prohibited.
The embedding and distribution, the use of the CSS @font-face rule, or the otherwise copying and/or
inclusion of the Font Software or the design of the fonts embodied therein in webpages is expressly
prohibited.
Embedding the Fonts in Electronic Devices
You are NOT permitted to embed the Font Software fonts in electronic devices, which include, but are
not limited to, any device running the Windows, Mac OS X, iOS, Android or Windows Mobile
operating systems, Kindle, Nook, electronic kiosks, gaming devices and machines like the PS4,
XBOX, Wii, GameBoy, PSP, laptop computers, tablets, desktop computers, computer servers,
smartphones, media players and/or smart televisions
Embedding the Fonts in Software
You are NOT permitted to embed the Font Software fonts in software, which includes, but is not
limited to, application content or user interfaces, user interfaces or other content for gaming consoles,
smart televisions, or other works distributed electronically and/or via physical media for sale.
Distribution, Resale, Modifications and Derivative Works
You are NOT permitted to distribute, sell, modify, include, adapt, translate, reverse engineer,
decompile, disassemble, translate into other font formats or other formats for use with other forms of
devices or otherwise copy and/or include the Font Software or the design of the fonts embodied
therein without the express written consent of the Designer.
You may NOT alter the Font Software in any manner whatsoever. Reformatting the Font Software into
other formats or for use in other operating systems is expressly prohibited. Altering or amending the
embedding bits characteristics of the Font Software is expressly prohibited. The Font Software may
not be used to create or distribute any electronic document in which the Font Software, or any part
thereof, is embedded in a format that permits editing, alterations, enhancements, or modifications by
the recipient of such document.
All rights not expressly granted are reserved to the Designer. Any modifications, additions, derivations
and/or adaptations of the Font Software or the design embodied therein, requires the express
permission of the Designer who expressly reserves a right to create any such modifications, additions,
derivations or adaptations. This term is contractual in nature.
In the event that permission is given to you, any modifications, additions, derivations and/or
adaptations of the Font Software shall remain the sole and exclusive property of the Designer and you
may not sub-license, sell, lease, rent, lend, give away or otherwise transmit any modifications,
additions, derivations and/or adaptations of the Font Software to any third party.
The Designer shall not be responsible for unauthorized, modified and/or improperly regenerated,
adapted or translated software or derivative works.
Format Conversion and Embedding for Use on the Web
You are NOT permitted to transmit the Font Software over the Internet for the purpose of font serving
or font replacement by means of WOFF, EOT, SVG & TTTF, Cufon, sIFR, TypeKit, embeddable Open
Type or other forms of web embedding or web font replacement technologies that exist now or may
be developed in the future.
You are NOT permitted to translate or adapt the Font Software and/or serve translated or adapted
Font Software to viewers on the Internet via WOFF, EOT, SVG & TTTF, Cufon, sIFR, TypeKit,
embeddable Open Type or other forms of web embedding or web font replacement technologies that
exist now or may be developed in the future.
Closed Networks
Serving of the Font Software to end users over a network, LAN, WAN or the Internet is strictly
prohibited. Each end user must purchase their own Single User License.
COMMERCIAL USAGE RESTRICTIONS
You are NOT permitted to use the Font Software for the creation of products for promotional
campaigns and/or related materials; for advertising campaigns and/or related materials; for product
packaging and/or related materials; or for interior and/or exterior store/business signage.
Letterform/Alphabet Products
You are NOT permitted to use the Font Software to create letterform/alphabet products for resale,
which include, but are not limited to, scrapbooking uses involving reproductions of individual
letterforms, digital alphabets (Alphas); adhesive sticker alphabet products; embroidery letters or fonts,
use in the creation of signage or numbering products; monogram products; rubber stamps; die-cut
products, stencil products; tattoo flash, or converted into software or by other means for the purposes
of producing alphabet or letterforms by the use of sewing and/or embroidery machines; die-cut
devices and plotters or any other product producing or containing any image of the letterforms or
images derived from the design of the Font embodied in the Font Software of which any likeness of
the alphabet can be reproduced where the letterform or alphabet product will be distributed or resold.
(These restrictions do not apply to laser or inkjet printers used for those purposes generally
associated with professional design such as, graphic design, provided the end product is a finished
work of design.)
Personalized Products
You are NOT permitted to use the Font Software to create personalized products for resale, which
include, but are not limited to, physical goods for retail sale such as individually customized T-shirts,
greeting cards, mugs, postage stamps, stickers, post cards, business cards, invitations on a
customized, per order basis for retail sale such as by way of, but not limited to, Cafe Press, Zazzle or
other similar services. Any such use is a breach of this license agreement.
Logos, Packaging and Promotional Products
You are NOT permitted to use the Font Software for professional uses such as, but not limited to,
goods for sale, in logo design, retail packaging or point of sale displays.
You are NOT permitted to use the Font Software to create artwork for clothes, packaging, posters,
coffee mugs or similar commercial products for promotional use by you, your company, or your
clients.
RIGHTS RESERVED
This Font Software is licensed, not sold, to you by the Designer, and is licensed for use in accordance
with the terms of this Agreement. As a licensee, your ownership of the media and/or device on which
the Font Software is recorded, if any, is distinct from and does not grant any right, title or interest in
and to the design of the Font or the Font Software itself. All copies of the Font Software downloaded
or installed, including the copy(ies) of any Font Software that accompanies this document either as
part of a downloaded file or on recorded media, such as, but not limited to, magnetic or optical media,
remain the exclusive property of the Designer. The Font Software and the design of the Font
embodied therein are the exclusive property of the Designer and are protected under both domestic
and international copyright, trademark and unfair competition laws. The names of the Fonts are the
trademarks of the Designer. All other trademarks are the property of their respective owners, and may
be registered in the United States and/or other jurisdictions. Except as stated herein, this Agreement
does not grant you any rights to trademark or any other intellectual property rights in the Font
Software or in any typeface design.
DESIGN CREDIT
You agree to credit the Designer as the trademark and copyright owner and creator of the
HookinCrochet Fonts, in the following manner - HookinCrochet ® © Shalene McKay and © HookinCrochet - www.hookincrochet.com, wherever and whenever design production or any other credits are shown.
WARRANTY AND INDEMNITY
Limited Warranty
The Designer warrants the Product to be free from defects in materials and workmanship under
normal use for a period of ninety (90) days from the date of delivery as shown on your receipt.
To the maximum extent permitted under applicable law, and except as expressly provided above, the
Font Software is provided and licensed "as is" without warranty of any kind, expressed or implied,
including the implied warranties of merchantability, non-infringement or fitness for a particular
purpose. The Designer does not warrant that the functions contained in the Font Software will meet
the Client's requirements or that the operation of the Font Software will be entirely error free or appear
precisely as described in the accompanying documentation.
Limitation of Liability and Remedy
To the maximum extent permitted by applicable law, the Designer will not be liable to You or any third party for any incidental or consequential damages, including lost profits or lost savings arising out of the use or inability to use the Software, even if the Designer has been advised of the possibility of such damages.
You hereby agree that your or any third party's entire, exclusive, and cumulative liability and remedy shall be limited to the purchase price of this Font Software License. Under no circumstances shall the Designer's liability to You or any third party exceed either the refunding of the cost of the Font Software License or replacement of the Font Software either of which shall be at the Designer's sole discretion.
General
This Agreement will be governed by the laws of Australia, without regard to any conflict of laws provisions or the conflict of laws provisions of any other jurisdiction.
This agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
TERMINATION
Any breach of the terms of this Agreement shall be cause for termination of this License. In the event
of termination, and without limitation of any remedies under law and equity, you agree to immediately
return the Font Software to the Designer and certify that no copy remains in your possession or
control.