This End User License Agreement (the "Agreement") is a legally binding agreement between You (as an individual) or a legal entity on whose behalf you act (the "Licensee") and Shriftovik Limited Liability Company (the "Shriftovik").
If you accept the terms of this Agreement on behalf of a third party, acting as its authorized representative, you represent and warrant that you have the rights and authority to bind such person to the terms of this Agreement, and references to "Licensee" in this Agreement refer to the person on whose behalf you accept the terms of this Agreement. The absence of such rights and powers does not oblige Shriftovik to return the paid funds.
Carefully read the terms of this Agreement before downloading, installing, using or accessing any Typefaces and/or Typeface files provided by Shriftovik. The Typefaces and the Typeface files are protected by copyright law. Violation of this Agreement shall entail liability under the legislation of the Russian Federation. You acknowledge that you have read this Agreement, that you understand the terms and conditions of this Agreement, that you accept them and agree to be bound by them. In the event that you do not intend to be bound by the terms of this Agreement, you shall terminate the download and/or installation process and immediately cease and refrain from attempting to access or use the Typefaces and/or Typeface files and delete any copies of the Typefaces and/or the Typeface files that you have.
1. TERMS AND DEFINITIONS
"Audiovisual work" means a work that consists of a fixed series of related images (accompanied or unaccompanied by sound) and is intended for visual and auditory (if accompanied by sound) perception by means of appropriate technical devices. Audiovisual works include cinematic works, as well as all works expressed by similar means to cinematic ones (television and video films, newsreel issues, commercials, clips, program issues, videos and other similar works), regardless of the method of their initial or subsequent fixation.
"Website" is a collection of logically related web pages, an array of related data that has a unique Internet address and is perceived by the user as a whole.
"Graphic templates" means stamps, stencils, cutting dies, and any devices that are used to apply and fix complete alphabets, by means of tattoos, thermal fastening, or by means of adhesives with no limitations.
"Mobile App or E-Book End User" means an individual or a legal entity that downloads a Mobile App or an E-Book to an electronic device. The end user of a Mobile App or an E-Book is not a distributor, agent, reseller, dealer, OEM or any other wholesaler of Mobile Apps and E-Books.
"Licensee" means an individual or a legal entity that acquires the rights to use a Typeface and/or a Typeface File and is its end user. Licensee cannot be a distributor, agent, reseller, dealer, manufacturer of equipment containing typefaces or any other wholesaler.
"Personal Use" means the use of a Typeface file for Licensee's internal purposes without the right to distribute, replicate or transfer the Typeface file rights to third parties. Personal use also includes the use of Typeface files by persons working in the Licensee's organization, both within the framework of employment contracts and under civil law contracts (hereinafter referred to as "Licensee's Employees.")
"Logotype" is a graphic or text image, including a trademark and service mark, used to increase the recognition of goods, works, services, as well as legal entities and individuals.
"Mobile App" means a software product that is developed on the basis of the appropriate mobile platform, including iOS, Android and Windows Phone. For the purposes of this Agreement (the quantitative limits established under specific License Packages), a Mobile App developed for each platform (iOS, Android, Windows Phone, etc.) shall be considered a separate Mobile App.
"Payer" means the person paying for the granting of rights to the Typeface and/or the Typeface file to the Licensee. If the Payer and the Licensee are different persons, the Payer guarantees the existence of an agreement with the Licensee to pay for the granting of rights to the Typeface and/or Typeface file. The absence of such an agreement does not oblige Shriftovik to return the paid funds. The Payer has the right to use the Typeface and/or the Typeface file solely in accordance with the conditions and restrictions established in this Agreement and only for the execution of the works/services for the Licensee. Upon performance of such works/services, the Payer shall delete all copies of Typeface and/or Typeface files.
"License Package" means the set of License Types purchased by Licensee and the quantitative limits on their use.
"License Type" means a set of rights and methods to use Typefaces and Typeface Files granted by Shriftovik to Licensee under the Agreement. The rights to use Typefaces and Typeface Files not expressly specified in the terms of a particular License Type shall not be deemed to be granted to Licensee.
"Typeface," "Typefaces" mean at the same time, depending on the context, a graphic product, which is an ordered stylistic and compositional system of certain drawings of letters, numbers and other symbols ("Typeface Symbols"), embodied in digital or other objective form (computer program), that allows its reproduction by computers and other electronic devices ("Typeface file"). The Typeface includes any updates, functionality extensions, modifications, new versions or additions to the Typeface available to users on the Shriftovik website on the Internet. Notwithstanding the above, Shriftovik is under no obligation to provide any updates, functionality extensions, modifications, new versions or additions to the Typeface.
"E-Book" is a digital document (book, magazine, booklet, etc.) intended for reading from the screen of electronic devices or printing using output devices. For the purposes of this Agreement (the quantitative limits set out in the specific License Packages), each name/issue of the E-Book shall be considered a separate E-Book.
2. LICENSE
2.1. Grant of license. Shriftovik hereby grants to Licensee and Licensee accepts a limited, simple (non-exclusive) license without the right to transfer to third parties in whole or in part, under the terms of sublicensing or assignment, with the right to use Typefaces and Typeface Files without limitation by territory in all countries of the world in the manner permitted by the relevant License Type and subject to the limitations specified in the License Package selected by the Licensee as well as in this Agreement.
2.2. License price. The License price shall be determined based on the License Package selected by the Licensee and shall be indicated in the Company's invoice addressed to the Licensee. This invoice is an integral part of this Agreement.
2.3 Permitted Uses. Typefaces are protected by the law of the Russian Federation as a work of graphics, and Typeface file — as a program for computers. The Licensee may install the Typeface file and use the Typefaces subject to the conditions established by the specific License Type, as well as the quantitative restrictions under the purchased License Package. Meanwhile, any use of Typefaces and Typeface files in violation of any established restrictions or any other terms of this Agreement is a violation thereof and is not allowed. Licensee independently determines the appropriate License Package and undertakes to use the Typeface and Typeface file in accordance with the restrictions established in such License Package.
Any use of the Typeface and Typeface File besides the one expressly allowed is prohibited and requires the purchase of an additional license. For additional rights besides the directly granted under this Agreement, please contact us via e-mail xyz@shriftovik.com.
2.4. License packages.
2.4.1. Free license package.
Designed for testing the Typeface File by Licensee — a natural person (individually) or Licensee — legal entity, on a maximum of 1 (one) Device.
As part of the Free License Package, Licensee is not granted any rights to use the Typeface.
As part of the Free License Package, Licensee is granted the reproduction right for Personal Use, namely, to record in temporary or permanent memory of Licensee Devices and/or Licensee Employees solely for the purposes of testing the Typeface file, i.e., checking its performance, as well as technical characteristics.
2.4.2. XS license package.
Designed for Typeface use by Licensee — natural person (individually).
Includes the following License Types:
a) Print;
b) Social media, with the total number of subscribers of the Licensee's page in any of the social media on the Internet not exceeding 1,000 (one thousand) subscribers;
c) Video, with a maximum number of views not exceeding 5,000 (five thousand) views (the number of views is defined as the total number of views of all Audiovisual works created using the Typeface on all resources on the Internet);
d) Web, with a maximum number of unique visitors to the Website, which uses the Typeface, not exceeding 1,000 (one thousand) unique visitors per month;
2.4.3. S license package.
Designed for Typeface use by Licensee — a natural person (individually) or Licensee — legal entity with the number of Licensee Employees not exceeding 5 (five) persons.
Includes the following License Types:
a) Print;
b) Social media, with the total number of subscribers of the Licensee's page in any of the social media on the Internet not exceeding 5,000 (five thousand) subscribers;
c) Video, with a maximum number of views not exceeding 10,000 (ten thousand) views (the number of views is defined as the total number of views of all Audiovisual works created using the Typeface on all resources on the Internet);
d) Web, with a maximum number of unique visitors to the Website, which uses the Typeface, not exceeding 10,000 (ten thousand) unique visitors per month;
e) App, no more than 1 (one) Mobile App or E-Book.
2.4.4. M license package.
Designed for Typeface use by Licensee — a natural person (individually) or Licensee — legal entity with the number of Licensee Employees not exceeding 15 (fifteen) persons.
Includes the following License Types:
a) Print;
b) Social media, with the total number of subscribers of the Licensee's page in any of the social media on the Internet not exceeding 50,000 (fifty thousand) subscribers;
c) Video, with a maximum number of views not exceeding 100,000 (one hundred thousand) views (the number of views is defined as the total number of views of all Audiovisual works created using the Typeface on all resources on the Internet);
d) Logotype
e) Web, with a maximum number of unique visitors to the Website, which uses the Typeface, not exceeding 100,000 (one hundred thousand) unique visitors per month;
f) App, no more than 5 (five) Mobile Apps or E-Books.
2.4.5. L license package.
Designed for Typeface use by Licensee — a natural person (individually) or Licensee — legal entity with the number of Licensee Employees not exceeding 500 (five hundred) persons.
Includes the following License Types:
a) Print;
b) Social media, with the total number of subscribers of the Licensee's page in any of the social media on the Internet not exceeding 2,000,000 (two million) subscribers;
c) Video, with a maximum number of views not exceeding 1,000,000 (one million) views (the number of views is defined as the total number of views of all Audiovisual works created using the Typeface on all resources on the Internet);
d) Logotype
e) TV
f) Web, with a maximum number of unique visitors to the Website, which uses the Typeface, not exceeding 500,000 (five hundred thousand) unique visitors per month;
g) App, no more than 15 (fifteen) Mobile Apps or E-Books.
2.4.6. XL license package.
Designed for Typeface use by Licensee — a natural person (individually) or Licensee — legal entity with the number of Licensee Employees not exceeding 1000 (one thousand) persons.
Includes the following License Types:
a) Print;
b) Social media, with the total number of subscribers of the Licensee's page in any of the social media on the Internet not exceeding 5,000,000 (five million) subscribers;
c) Video, with a maximum number of views not exceeding 50,000,000 (fifty million) views (the number of views is defined as the total number of views of all Audiovisual works created using the Typeface on all resources on the Internet);
d) Logotype
e) TV
f) Web, with a maximum number of unique visitors to the Website, which uses the Typeface, not exceeding 10,000,000 (ten million) unique visitors per month;
g) App, no more than 30 (thirty) Mobile Apps or E-Books.
2.4.7. Individual license package.
Designed for Typeface use by Licensee — a natural person (individually) or Licensee — legal entity if Licensee's use of the Typeface fails to meet or no longer meets any of the criteria for the use of the Typeface established in the XL License Package. The usage parameters under the Individual License Package shall be agreed upon by the Licensee and Shriftovik on an individual basis. Please contact us via e-mail xyz@shriftovik.com. All restrictions established for the respective License Type within a single License Package must be met at the same time. In the event that any of the restrictions are no longer satisfied, the purchased license shall terminate, and the Licensee shall purchase an additional license. Please, in this case, write to us on the xyz@shriftovik.com to calculate the cost according to individual parameters.
2.5 License types
2.5.1. Print
The license allows you to install the Typeface File on the Device and use the Typeface in any app that allows you to select Typefaces (for example, Microsoft Word, Adobe Photoshop, and others). Licensee may create documents, raster and vector images (JPEG, TIFF, PNG, etc.) other than Logotype and then use them at their discretion subject to the restrictions of the Social Media License Type.
The Licensee shall be granted the following rights in relation to the Typeface:
a) the right to reproduce images of the Typeface Symbols on any surfaces, in particular, on paper, billboards, clothing, as well as on any other surfaces without limiting the volume and circulation, provided that the images of the Typeface Symbols will not be used exclusively in the form of full alphabets, and Graphic templates;
b) the right to embed images of Typeface Symbols in documents in scalable form (for example, in documents of EPS or PDF formats) without granting other persons the right to edit these documents;
c) the right of public display of images of the Typeface Symbols, within the limits provided for by the License Type and the Agreement;
d) the right to communicate images of the Typeface Symbols to the public within the limits provided for by the License Type and the Agreement;
e) the right to process, in the part in which the Licensee has the right to import the Typeface Symbols into the graphic editor and then change their graphics;
f) the right to distribute copies of the media of the reproduced images of the Typeface Symbols, within the limits provided for by the License Type and the Agreement.
Licensee shall be granted the following rights in relation to the Typeface File:
a) the right to reproduce for Personal Use, namely, to record in temporary or permanent memory of Licensee Devices and/or Licensee Employees within the quantitative limits established in the purchased License Package.
2.5.2. Social media
The license allows you to install the Typeface file on the Device and use the Typeface in any app that allows you to select Typefaces (for example, Microsoft Word, Adobe Photoshop, and others). Licensee may create documents, raster and vector images (JPEG, TIFF, PNG, etc.), infographics, audiovisual works and then use them for publication on social networks. For the avoidance of doubt, in the event that the number of views of the Audiovisual Work published by Licensee on social networks exceeds the quantitative limits established for the Video License Type in the License Package purchased by Licensee, the Licensee shall purchase an additional License Package corresponding to the number of views of the Audiovisual Work.
The Licensee shall be granted the following rights in relation to the Typeface:
a) the right to reproduce images of the Typeface Symbols in publications on social media, provided that images of the Typeface symbols will not be used exclusively in the form of full alphabets;
b) the right to embed images of Typeface Symbols in documents in scalable form (for example, in documents of EPS or PDF formats) without granting other persons the right to edit these documents;
c) the right of public display of images of the Typeface Symbols, within the limits provided for by the License Type and the Agreement;
d) the right to communicate images of the Typeface Symbols to the public within the limits provided for by the License Type and the Agreement;
e) the right to process, in the part in which the Licensee has the right to import the Typeface Symbols into the graphic editor and then change their graphics;
Licensee shall be granted the following rights in relation to the Typeface File:
a) the right to reproduce for Personal Use, namely, to record in temporary or permanent memory of Licensee Devices and/or Licensee Employees within the quantitative limits established in the purchased License Package.
2.5.3 Video
The license allows you to install the Typeface file on the Device and use the Typeface in any app that allows you to select Typefaces (for example, Microsoft Word, Adobe Photoshop, and others). The Licensee may use the Typeface when creating inscriptions in Audiovisual Works and post these Audiovisual Works on social networks, on YouTube and other similar video sharing sites on the Internet.
The Licensee shall be granted the following rights in relation to the Typeface:
a) the right to reproduce images of the Typeface Symbols in Audiovisual Works, including credits and inscriptions, within the quantitative restrictions established in the purchased License Package. At the same time, when reproducing Typeface Symbols in an Audiovisual Work, certain parts of such an Audiovisual Work (including series, fragments, scenes, episodes, etc.), which by their nature can be recognized as an independent result of the creative work of their authors and meet the requirements established by paragraph 3 of article 1259 of the Civil Code of the Russian Federation, are considered separate Audiovisual works. In this case, the number of views is summed up. Images of Typeface Symbols cannot be used exclusively in the form of full alphabets;
b) the right to public display of images of the Typeface Symbols, within the limits provided for by the License Type and the Agreement;
c) the right to communicate images of the Typeface Symbols to the public within the limits provided for by the License Type and the Agreement;
d) the right to process, in the part in which the Licensee has the right to import the Typeface Symbols into the graphic editor and then change their graphics;
e) the right to distribute copies of the media of the reproduced images of the Typeface Symbols, within the limits provided for by the License Type and the Agreement.
Licensee shall be granted the following rights in relation to the Typeface File:
a) the right to reproduce for Personal Use, namely, to record in temporary or permanent memory of Licensee Devices and/or Licensee Employees within the quantitative limits established in the purchased License Package.
2.5.4 Logotype
The license allows you to install the Typeface file on the Device and use the Typeface in any app that allows you to select Typefaces (for example, Microsoft Word, Adobe Photoshop, and others). Licensee may create Logos in the form of raster and vector images (JPEG, TIFF, PNG, etc.) and then use them at their discretion.
The Licensee shall be granted the following rights in relation to the Typeface:
a) the right to create Logotypes using images of Typeface Symbols, while modifying the Typeface file is not permitted;
b) the right of public display of images of the Typeface Symbols, within the limits provided for by the License Type and the Agreement;
c) the right to communicate images of the Typeface Symbols to the public within the limits provided for by the License Type and the Agreement;
d) the right to process, in the part in which the Licensee has the right to import the Typeface Symbols into the graphic editor and then change their graphics;
e) the right to distribute copies of the media of the reproduced images of the Typeface Symbols, within the limits provided for by the License Type and the Agreement.
Licensee shall be granted the following rights in relation to the Typeface File:
a) the right to reproduce for Personal Use, namely, to record in temporary or permanent memory of Licensee Devices and/or Licensee Employees within the quantitative limits established in the purchased License Package.
2.5.5 TV
The license allows you to install the Typeface file on the Device and use the Typeface in any app that allows you to select Typefaces (for example, Microsoft Word, Adobe Photoshop, and others). The Licensee may use the Typeface to create inscriptions for television programs, streaming, online and television broadcasts, as well as for audiovisual works intended for television broadcasts.
The Licensee shall be granted the following rights in relation to the Typeface:
a) the right to reproduce images of the Typeface Symbols in the design of television programs, streaming, online and television broadcasts, as well as audiovisual works intended for television broadcasts, within the limits provided for by this Agreement;
b) the right of public display of images of the Typeface Symbols, within the limits provided for by the License Type and the Agreement;
c) the right to communicate images of the Typeface Symbols to the public within the limits provided for by the License Type and the Agreement;
d) the right to process, in the part in which the Licensee has the right to import the Typeface Symbols into the graphic editor and then change their graphics;
e) the right to distribute copies of the media of the reproduced images of the Typeface Symbols, within the limits provided for by the License Type and the Agreement.
f) the right of on-air transmission, cable transmission, retransmission of Typeface Symbols within the limits of the License Type and the Agreement.
Licensee shall be granted the following rights in relation to the Typeface File:
a) the right to reproduce for Personal Use, namely, to record in temporary or permanent memory of Licensee Devices and/or Licensee Employees within the quantitative limits established in the purchased License Package.
2.5.6. Web
The license allows you to install the Typeface File on the Device and use the Typeface to design Websites.
The Licensee shall be granted the following rights in relation to the Typeface:
a) the right to reproduce images of the Typeface Symbols in the design Websites, within the limits provided for by the License Type and the Agreement;
b) the right of public display of images of the Typeface Symbols, within the limits provided for by the License Type and the Agreement;
c) the right to communicate images of the Typeface Symbols to the public within the limits provided for by the License Type and the Agreement;
d) the right to process, in the part in which the Licensee has the right to import the Typeface Symbols into the graphic editor and then change their graphics;
You may use the Typeface subject to the following conditions:
The Typeface is used to design Websites, provided that the CSS text and the code of the site page contain information about the origin and copyright of the Typeface file in the same way as in the HTML/CSS examples provided with the Typeface file;
The Typeface is not used with technologies that copy the Typeface File to the personal computer of the site visitor, in particular sIFR, Cufon or Typeface.js;
The Typeface is used only on Websites whose domain names belong to the Licensee. The Licensee shall specify the domain name when purchasing the License Type. If a domain name is not yet defined when purchasing the License Type, Licensee shall send it to Shriftovik's e-mail address xyz@shriftovik.com prior to granting public access to this Website;
The Typeface may only be used in interactive Web apps that allow visitors of the Website to enter or edit text formatted in the Typeface, but only if such app does not allow the user to use the Typeface outside the Website.
Per month, the total number of unique visitors to the Website on which the Typeface is used shall not exceed the quantitative limits established in the purchased Typeface Package. If this limit is exceeded within any 3 (three) months from the date of payment for the license, the Licensee shall purchase an additional license.
Licensee shall be granted the following rights in relation to the Typeface File:
a) the right to reproduce for Personal Use, namely, to record in temporary or permanent memory of Licensee Devices and/or Licensee Employees within the quantitative limits established in the purchased License Package.
b) the right to record on the web server, ensuring the availability of the Typeface File for the Website.
2.5.7. App
The License grants the right to use Typefaces in Mobile Apps and E-books developed by the Licensee.
The Licensee shall be granted the following rights in relation to the Typeface:
a) the right to reproduce images of the Typeface Symbols as part of the Mobile App or E-Book, within the limits provided for by the License Type and the Agreement;
b) the right of public display of images of the Typeface Symbols as part of a Mobile App or E-Book, within the limits provided for by the License Type and the Agreement;
c) the right to communicate images of the Typeface Symbols to the public as part of a Mobile App or E-Book, within the limits provided for by the License Type and the Agreement;
d) the right to distribute the Typeface as part of the Mobile App or E-Book. Licensee shall have the right to distribute, at their discretion, a Mobile App or E-Book with embedded Typefaces;
Licensee shall be granted the following rights in relation to the Typeface File:
a) the right to reproduce for Personal Use, namely, to record in temporary or permanent memory of Licensee Devices and/or Licensee Employees within the quantitative limits established in the purchased License Package.
b) the right to reproduce the Font File by embedding in a certain number of Mobile Applications (E-Books) within the quantitative restrictions established in the purchased License Package running the operating systems iOS, Android, Windows, etc. Embedding shall be such that the End User of a Mobile App or E-Book does not have free access to the Typeface file, could not download, install or use the Typeface File other than in the Mobile App or E-Book in which it is embedded. The Licensee may embed the Typeface File in E-books, the format of which provides protection against unauthorized access (PDF, EPUB 2.01, EPUB 3, KF8, etc.). The E-book should not be in the form of an executable program. When using the Mobile App or E-Book, the Typeface File shall not be installed in the operating system of the End User of the Mobile App or E-Book;
c) the use (embedding) of the Typeface File is not allowed: (1) in the Mobile App or E-Book, which allows you to create PDF files, documents for text editors, tables, static images, scalable images, advertisements and other similar files, as well as in the app, which is a server component, and (2) in a Mobile App or E-Book, in which the Typeface File is an essential part and is the main entity or their functional element.
2.6. Usage restrictions that apply to all License Types:
a) Copies and modifications of the Typeface and/or Typeface File. Licensee may create only 1 (one) copy of the Typeface File for backup or archiving purposes only. Licensee shall have no right to perform engineering analysis, decompile, attempt to modify or obtain the source code of the Typeface File, break it down into components, digitize or otherwise change the Typeface and/or the Typeface File, or instruct third parties to perform the above actions. Licensee may not modify or adapt the Typeface File.
b) Distribution and transfer of the Typeface and/or the Typeface File to third parties. Licensee shall not sublicense, rent, lease, lend, transmit, sell or temporarily transfer their rights in respect of the Typeface and/or the Typeface File. The Licensee may not place copies of the Typeface and/or the Typeface File in information and telecommunication networks, neither as a separate product, nor in conjunction with other software products, nor embedded in documents, so that they are available for download or other use by third parties, regardless of whether such distribution is commercial or not. Licensee shall provide sufficient protection against unauthorized access and copying of the Typeface and/or the Typeface File by third parties.
2.7. Extended rights. If you would like additional rights to use Typefaces and Typeface Files, in addition to those granted based on the License Type you purchased, please contact us via e-mail xyz@shriftovik.com.
3. CONSENT TO USE OF DATA
You (for the purposes of this paragraph of the Agreement, this term means Licensee and Payer (if available)) agree that Shriftovik may collect and use your technical data and related information, including but not limited to technical information about your Device, system and application software programmes, as well as peripheral devices that are collected periodically to facilitate the process of software updates, product support and other services (if any) associated with Typefaces and/or Typeface files. Shriftovik may use this information, provided that such use is made in a form that does not allow you to be personally identified, for the purpose of improving the functioning of the site, developing and improving Typefaces and/or Typeface files, and for the purpose of preventing or investigating illegal or improper use of Typefaces and/or Typeface files. If, in order to achieve the above objectives, Shriftovik receives any data that is, in accordance with the definition set forth in the applicable law of your jurisdiction, personal data, you hereby agree to grant Shriftovik the right to collect, record, systematize, accumulate, store, update, extract, use, transfer (including cross-border transfer), access, depersonalize, block, delete your personal data received by Shriftovik.
4. WARRANTIES AND REPRESENTATIONS
4.1. Shriftovik Company represents and warrants that Typeface and Typeface File right holders have granted Shriftovik Company all rights to the Typefaces and Typeface files required to grant Licensee the rights specified in the respective License Types.
4.2. Except expressly stated Agreement in paragraph 4.1., license in respect of Typefaces and Typeface Files are granted on the terms of "as is," and Shriftovik disclaims any express and implied warranties of other non-violation of copyright, commercial quality and fitness for a particular purpose. Shriftovik does not guarantee the failure- and error-free operation of Typefaces and/or Typeface Files or the absence of defects therein. Shriftovik will under no circumstances be liable to Licensee or any third party (by contract, as a result of an offense, including negligence, or on any other basis) for any direct, actual, consequential or indirect loss, including non-receipt of profits or savings or interruption in production resulting from the use of Typefaces and/or Typeface Files or failure to provide support services related to the use of Typefaces and/or Typeface Files, even if Shriftovik has been notified in advance of the possibility of such loss.
4.3. Shriftovik is not required to provide any technical support services under this Agreement. Licensee acknowledges that Shriftovik has no express or implied obligation to announce or provide any updates, enhancements, modifications, new versions or additions to Typefaces and/or Typeface files and that this Agreement does not give Licensee any right regarding all of the above. In the event that Licensee has difficulty installing and operating the Typeface and/or the Typeface file, Shriftovik may contact the relevant Typeface and/or Typeface file right holder and make every reasonable effort to provide the Typeface and/or the Typeface file in a format that will ensure that the Typeface and/or Typeface file will function properly on the Licensee's Devices.
4.4. Shriftovik makes no representations or warranties other than expressly specified in this section 4 (WARRANTIES AND REPRESENTATIONS) of the Agreement.
5. LIABILITY
5.1. The use of the Typeface and/or the Typeface file without a valid license agreement, outside of it and for other violation of exclusive rights shall be subject to liability provided for by the applicable law.
5.2. In case of violation of any paragraphs of this Agreement by the Licensee, Shritfovik shall have the right to unilaterally terminate this Agreement. In this case, upon receiving the relevant written or electronic notice from Shriftovik, the Licensee shall destroy all copies of the Typefaces and/or Typeface files received by them, and shall compensate all costs and losses suffered by Shriftovik as a result of Licensee's breach of this Agreement.
5.3. Should the Typeface Files be available on Third Party Devices or Websites as a result of Licensee's actions in violation of this Agreement, Licensee will have to bear the burden of proving any unintentional actions resulting in such consequences.
5.4. Subject to Licensee's compliance with the terms of this Agreement, Shriftovik guarantees compensation for Licensee's losses arising from third party claims for losses directly related to Shriftovik's breach of the warranties and representations established in paragraph 4.1. of this Agreement. In such case, compensation shall be only for the actual losses of Licensee up to the applicable "Limit of Liability" as it is established in this paragraph below.
This damage provision shall apply subject to written notice by Licensee to Shriftovik of such existing or possible claims within 5 (five) business days from the date on which Licensee became aware or reasonably should have become aware of the claim or threatened claim. Such notice shall contain all details of the claim known to Licensee at the time it is sent (for example, the manner in which the relevant Typefaces and/or Typeface files are used, the name and contact information of the person and/or entity making the claim and a copy of any correspondence sent and/or received in connection with the claim). The notification shall be sent to the Shriftovik at the e-mail address xyz@shriftovik.com, as well as in paper form at the Shriftovik address (Russian Federation, 127030, Moscow, Novoslobodskaya str., 20) by registered letter with acknowledgment of receipt or courie service with a signature requirement.
Shriftovik shall be entitled to take over the handling, settlement or defense of any claim or litigation and any legal proceedings to which this damage provision applies. Licensee agrees to cooperate with Shriftovik to arrange a defense in the event of such a claim, and is entitled to participate in any of the proceedings at their own expense. Shriftovik shall not be liable for any costs incurred by Licensee or on behalf of Licensee until Shriftovik has a physical opportunity to review the validity of the claim or lawsuit.
The maximum aggregate liability of Shriftovik (the "Liability Limit") under this paragraph of the Agreement, subject to the License Package purchased by Licensee, shall be:
Free license package — 0 (zero) rubles;
XS license package — 10000 (ten thousand) rubles;
S license package — 50000 (fifty thousand) rubles;
M license package — 100000 (one hundred thousand) rubles;
L license package — 250000 (two hundred fifty thousand) rubles;
XL license package — 500000 (five hundred thousand) rubles;
5.5. Except as expressly provided in paragraph 5.4. of this Agreement, under no circumstances shall the aggregate liability of Shriftovik to Licensee or to any other third party on whose behalf a claim arises out of or relating to the use or impossibility of using Typeface and/or Typeface Files (whether by contract, tort or otherwise) may not exceed the amount actually received by Shriftovik from Licensee for the cost of the license rights acquired by Licensee under this Agreement (paragraph 2.2. Agreements).
5.6. Shriftovik shall not be liable for any harm, loss or damage resulting from changes to the Typefaces or related to the context in which the Typefaces are used.
6. APPLICABLE LAW AND DISPUTE RESOLUTION
6.1. This Agreement shall be governed by and construed in accordance with the laws of the Russian Federation, without regard to conflicts of laws principles.
6.2. All disputes, disagreements or claims arising out of or in connection with the Agreement, including those relating to its performance, violation, termination or invalidity, shall be finally resolved in the court of the Russian Federation at the location of Shiftovik.
7. ENTRY INTO FORCE AND EFFECT
This Agreement shall become effective upon acceptance by You of its terms and conditions and payment of the Shriftovik invoice in full, or after You download, install, access and use the Typeface and/or Typeface files, even if the terms of this Agreement have not been expressly accepted by You (whichever occurs earlier). This Agreement is valid for the duration of the exclusive rights to Typefaces and/or Typeface files. Shriftovik reserves the right to verify Licensee's compliance with the terms of this Agreement.
8. OTHER CONDITIONS
8.1. This Agreement, together with any additional documents or terms incorporated herein by reference, constitutes the entire scope of the agreements between Licensee and Shriftovik with respect to Typefaces and Typeface files and supersedes all prior written and oral proposals, assurances or arrangements that may have existed between Licensee and Shriftovik with respect to its subject matter.
8.2. If any term or condition of this Agreement is deemed null, void or unenforceable by any judicial or administrative authority, such recognition shall not affect the validity or enforceability of the remaining terms and conditions of this Agreement. To the maximum extent possible by law, a provision of this Agreement shall be interpreted and performed in such a way as to fulfil the original purpose of the Agreement and, if such interpretation and performance is not legally possible, such provision shall be deemed to be excluded from the Agreement.
8.3. Shriftovik shall be entitled to assign its rights and obligations under this Agreement without limitation. Assignment of rights and obligations under this Agreement by Licensee shall be permitted only with the prior written consent of Shriftovik.
8.4. You hereby acknowledge that any answers provided to You by Shriftovik or its representatives regarding any matters You may have regarding this Agreement or the use of Typefaces and/or Typeface files licensed under this Agreement are for the sole purpose of interpreting this Agreement and do not constitute legal advice or modification of the terms of this Agreement.
8.5. Shriftovik reserves the right to amend future versions of this Agreement at any time without notice.