Immortal Fonts Site License Agreement (2006-04-06) This Site License allows use of the Immortal Fonts, as described below, within an organization, by up to a certain number of the organization's members. If use by a single named individual is desired, an End User License should be acquired instead. 0) Definitions: 0a) "Commercial Site Licensee" means a firm, corporation, organization, or agency, which is authorized by David Greenawalt to use, reproduce and distribute one or more licensed Immortal Fonts to Site Licensee's members, employees or individual contractors (the "Commercial Site License Users") within the organization. 0b) "Font" means the digital software programs and data representing a typeface. 0c) "Immortal Fonts" means those Fonts which Commercial Site Licensee has ordered from and has licensed from David Greenawalt. 1) Scope of Use: David Greenawalt grants Commercial Site Licensee a nonexclusive sublicense to: 1a) the unlimited use of Immortal Fonts for display and printout of text and other information; 1b) embed Immortal Fonts in documents for transfer, display and printout, but not for transfer or sublicense of Immortal Fonts to others; 1c) allow up to a unspecified number of Commercial Site License Users to use the Immortal Fonts as in 1a and 1b; 1d) reproduce and distribute copies of the Immortal Fonts for use only by Commercial Site License Users within the Site Licensee's organization. 2) No Assignment: Commercial Site Licensee may not sublicense, assign, or transfer the license of the Immortal Fonts outside of Site Licensee's organization. 3) Copying and Use Restrictions: Commercial Site Licensee may not make, or have made, or permit to be made, any copies of the Immortal Fonts or portions thereof except as necessary for its use hereunder, as for example, for the licensed use by the Commercial Site License Users, and routine back-up copies. Commercial Site Licensee agrees to notify David Greenawalt of any reproduction, distribution, or use of Immortal Fonts in excess of the number permitted by the sublicense. Commercial Site Licensee agrees that any copies made of a Immortal Font shall contain the same proprietary notices that appear on or in the Immortal Font. 4) No Modification: Commercial Site Licensee may not adapt, translate or modify any Immortal Fonts. 5) No Other Rights: Except as stated above, this Agreement does not grant Commercial Site Licensee any rights to patents, copyrights, trademarks (whether registered or unregistered), tradenames, trade secrets or any other rights, franchises, or licenses in respect to the Immortal Fonts or the David Greenawalt trademark(s). Commercial Site Licensee acknowledges that all proprietary rights in the Immortal Fonts remain at all times with David Greenawalt. Any use of the trademark Immoratal Fonts in marketing, advertising, trade, or commerce, except for editorial reference to Fonts, must identify the mark with the symbol R in a circle, and the phrase "Immortal Fonts is a trademark of David Greenawalt. 6) Export: Commercial Site Licensee acknowledges that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the Immortal Fonts, in any form without the appropriate United States and foreign government licenses. Commercial Site License agrees that its obligations pursuant to this section shall survive and continue after any termination or expiration of rights under this Agreement. 7) Term: The License is effective until terminated. David Greenawalt has the right to terminate this license immediately if Commercial Site Licensee fails to comply with any term of this Agreement. Upon any such termination Site Licensee shall destroy the original and any copies of the Software, and related documentation, and cease all use of the trademarks. 8) No Warranty: Commercial Site Licensee ACKNOWLEDGES THAT NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING NO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE, ARE PROVIDED WITH RESPECT TO THE David Greenawalt TRADEMARK OR Immortal Fonts, AND IN NO EVENT SHALL David Greenawlt. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OCCURRING FROM THE LICENSE OR SUBLICENSE OF RIGHTS GRANTED HEREUNDER OR ARISING FROM THE USE OR INABILITY TO USE THE Immortal Fonts. 9) Governing Law: This Agreement will be governed by the laws in force in the State of Oregon, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Oregon to the rights and duties of the parties. The provisions of the United Nations Convention on the International Sales of Goods are hereby disclaimed and excluded. 10) Entire Agreement: Commercial Site Licensee ACKNOWLEDGES THAT Commercial Site Licensee HAS READ THIS AGREEMENT, UNDERSTANDS IT AND THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF ITS AGREEMENT WITH TUG WHICH SUPERSEDES ANY PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN David Greenawalt AND Commercial Site Licensee RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND THAT COMMERCIAL SITE LICENSEE'S OBLIGATIONS UNDER THIS AGREEMENT SHALL INURE TO THE BENEFIT OF DAVID GREENAWALTS LICENSORS WHOSE RIGHTS ARE LICENSED UNDER THIS AGREEMENT. NO VARIATION OF THE TERMS OF THIS AGREEMENT WILL BE ENFORCEABLE AGAINST David Greenawalt UNLESS David Greenawalt GIVES EXPRESS CONSENT IN WRITING SIGNED BY David Greenawalt or Agent. Contact information for any and all notifications, correspondence, and questions related to this license: David Greenawalt Immortal Fonts 154 Pollins Road Latrobe, PA 15650 daviddpg@gmail.com -- (R) Immortal Fonts is a trademark of David Greenawlt.