please read this agreement carefully
This License Agreement (“Agreement”) constitutes a binding legal agreement between you (“Licensee”) and Pies Brand LLC (“Licensor”). If you are entering into this agreement on behalf of your employer and/or client, then “you” refers to that entity. If not, then this Agreement binds to you personally. By downloading, installing, and/or using Pies Brand fonts and or digital goods (“Licensed Software”), you are personally agreeing to the terms of this Agreement.
1. Terms use in the Agreement
a. “Commercial Use” – includes, but is not limited to Licensed Software being used in association with: logos, products, packaging, digital advertising, print advertising, mobile applications, tv advertising, games, web applications, eBooks, and/or ePublications.
b. “Derivative Work” – any creation that is based on or derived from the Licensed Software.
c. “Digital Goods” – vector and/or pixel based art.
d. “Desktop Font(s)” & “Web Font(s)” – Pies Brand offers two variations of the Licensed Software: Desktop and Web. The variations are limited to separate, specific uses (detailed in section 2).
e. “Device(s)” – any computer or device capable of using the Licensed Software. Example: A single device three users have access to, would count as three devices.
f. “Document(s)” – a text-based digital file.
g. “Embedded” – adding a copy of the Licensed Software to Documents, websites or other software files.
h. “Image Files” – a pixel-based and/or vector-based file that contains graphic data. Formats include, but are not limited to: JPEG, GIF, PNG and SVG
i. “Licensed Software” – data used to generate Fonts on Devices.
j. “Logo” – letters and/or symbols adopted by an organization to identify, represent, and advertise itself.
k. “Order Document(s)” – invoices, receipts, statements and other documents, created by Licensor when Licensee purchased Licensed Software from Pies Brand.
l. “Special License” – required for all commercial uses of the Licensed Software.
2. Grant of License
When the Licensee enters into the Agreement by purchasing Licensed Software from Pies Brand, Licensor grants the Licensee a non-exclusive, non-transferable, revocable license to use the Licensed Software in the following ways:
2.1. Standard License
a. Embedding – Licensed Software can be Embedded in print production files.
b. Image Files – Licensed Software can be used in print and/or digital Image Files as long as they are not intended for, or directed towards commercial benefit or monetary compensation.
c. Student Work – Licensee can use the Licensed Software on student work.
d. Backup Copy – Licensee can create (1) backup copy of the Licensed Software for archival purposes only.
2.2. Commercial License
a. Licensee can use the Licensed Software for a single business.
b. A commercial license covers an unlimited number of uses for a single business in perpetuity.
c. Backup Copy – Licensee can create (1) backup copy of the Licensed Software for archival purposes only.
3. Restrictions of Use
a. The Licensee may not use the Licensed Software for any commercial use without first contacting Pies Brand and purchasing a special license.
b. modify, reformat, and/or create any Derivative Work of the Licensed Software.
c. distribute Licensed Software data to any third party without the written consent of the Licensor.
4. Exclusive Ownership
a. Pies Brand is the exclusive owner of all worldwide right relating to the Licensed Software, including copyrights, trademarks, and the marks and symbols generated by the Licensed Software.
b. you will not to challenge Licensor’s rights in or to the Pies Brand Property, or the validity of any intellectual property or other right of Licensor therein. 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 Pies Brand Licensed Software.
5. Transfer of License
Licensee may not sell or transfer any rights or obligations under this Agreement to any person or business.
6. Disclaimer of Warranties
The licensed software is provided “as is.” To the extent permitted by applicable law, Licensor disclaims any and all warranties, representations and guarantees, express or implied, including any implied warranties of merchantability or fitness for a particular purpose. The Licensee understands and agrees that they are using the Licensed Software at own discretion and risk and that Licensee will be solely responsible for any damages resulting from the use of the Licensed Software.
7. Limitations of Liability
To the extent permitted by applicable law, Licensor disclaims all liability for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the Licensed Software. Licensor’s total liability to Licensee for damages may not exceed the amount paid by Licensee under this agreement.
8. Termination
Licensor may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this Agreement and the rights afforded to you hereunder with or without prior notice.
a. Licensee hereby waives any and all challenges to, claims or defenses regarding Licensor’s right to terminate this Agreement.
b. If Licensee’s configuration exceeds any limitations specified in this Agreement, the Licensee must contact Licensor to purchase a Special License.
c. Upon the termination of the Agreement, Licensee shall uninstall and cease all use of the Licensed Software.
9. Waiver and Severability
Failure to enforce a provision of this Agreement will not constitute a waiver of that or any other provision of this Agreement. If a court determines that any part of this Agreement is unenforceable, that ruling will not affect the validity of all remaining parts.
10. Equitable Remedies
You hereby agree that the Licensor would be irreparably damaged if the terms of this Agreement were not enforced, and therefore agree that Licensor shall be entitled to appropriate equitable remedies with respect to breaches of this License Agreement.
11. Governing Law
The rights and obligations under this Agreement are governed and construed in accordance with the laws of the State of Oregon. The Licensee agrees to resolve any dispute they have with the Licensor exclusively in a state or federal court located in Portland, Oregon.
12. Entire Agreement
This Agreement and its Order Document(s), constitutes the entire understanding between the parties concerning the Licensed Software.
