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Rheem Sans Typeface Family

END USER LICENSE AGREEMENT


1. PARTIES & GRANT OF LICENSE

AKOFA Creative / AKOFAType (hereinafter referred to as the “Licensor”) having an office


correspondence address at P.O. Box 934, Powder Springs, Georgia 30127 grants to the purchaser
of this font software package, known as the Rheem Manufacturing Company having a corporate
headquarters at 1100 Abernathy Road, Suite 1400, Atlanta, GA 30328 (hereinafter to as the
“Licensee”) a non-transferable, enterprise-wide exclusive right to use the typeface (hereinafter
referred to as the “Font Software”) included with this document (hereinafter referred to as the
“Agreement”).

Additional definitions of parties are as follows:

“AKOFA Creative / AKOFAType” shall mean AKOFA Creative / AKOFAType, its successors and
assignees, its parent and affiliated entities, its authorized distributors, and any third party which
has licensed to AKOFA Creative / AKOFAType any or all of the components of the Font Software
supplied to the Licensee.

Additionally, the designated term of Licensee can also mean any group, organization or business
entity that the Licensee may preside over, represent or be employed by.

In the context of this Agreement, the designation of “Device” shall mean any hardware, software,
or firmware component to which an individual is able to give commands (whether by keyboard
or otherwise), regardless of the locations of the individual, the Licensee, the Device, or the Font
Software.

In the context of this Agreement, the designation of “Use” or “Usage” of the Font Software
shall be deemed to occur when an individual is able to give commands (whether by keyboard or
otherwise) to a Device on which the Font Software is installed, regardless of the locations of the
individual, the Licensee, the Device, or the Font Software.

In the context of this Agreement, the designation of “User” shall mean an individual giving
commands (whether by keyboard or otherwise) to a Device on which the Font Software is installed,
regardless of the locations of the individual, the Device, or the Font Software. Users do not need
to be members of the Licensee’s organization or household, and may be members of the general
public.

By downloading and/or installing this Font Software on a Device, the Licensee agrees to be
bound by the terms of this Agreement. This Agreement, in conjunction with and receipt, invoice
or purchase order that may accompany any purchase from the Licensor (AKOFA Creative /
AKOFAType) or any distributor of the Licensor’s (AKOFA Creative / AKOFAType) Font Software
constitutes the complete agreement between the Licensee or business entity the Licensee may
represent and the Licensor (AKOFA Creative / AKOFAType).

2. DEFINITION AND DESIGNATION OF ENTERPRISE-WIDE LICENSING

Under the provisions of this Agreement, the Licensor grants to the Licensee an enterprise-wide
exclusive rights license for usage of the aforementioned Font Software.

In the context of this Agreement, the definition of an”enterprise-wide exclusive rights license”
will be defined as the provision of exclusive usage (defined further in the under section title
“PERMITTED USAGE”) to only the Licensee, any member of the Licensee’s organizations and/or
business entities and any designated third parties that are working on behalf of the Licensee or
Licensee’s organizations and/or business entities.

3. PERMITTED USAGE

The following criteria constitute the permitted uses of the licensed Font Software. Specifications
for usage may change according to the introduction of new software, operating systems, printing
techniques and processes or other technologies that would deem it essential to modify the allowed
usage. The Licensor retains the right to modify permitted uses of the licensed software when
deemed necessary.

DIGITAL MEDIA

In the context of this Agreement, the collective term digital media refers to any media that has
been or is to be created from an application installed within an operating system housed on a
central processing unit (CPU) and displayed on a cathode ray tube (CRT), image projection device,
plasma display panel, liquid crystal display (LCD), light emitting diode (LED) display, organic light
emitting diode (OLED) display, electronic paper display implementing electrophoretic ink or any
forthcoming display technology that is currently in development or has yet to be developed and
publicly released.

A) Standard Display Technology

Usage of the Font Software, outlines and glyphs are permitted on any standard monitor technology
using cathode ray tube (CRT), image projection device, plasma display panel, liquid crystal display
(LCD), light emitting diode (LED) display, organic light emitting diode (OLED) display, electronic
paper display implementing electrophoretic ink or any forthcoming display technology that is
currently in development or has yet to be developed and publicly released which have viewable
area dimensions between 10 inches diagonally and above.

B) Small Display Technology

Usage of the Font Software, outlines and glyphs are permitted on any small monitor technology
using plasma display panel, liquid crystal display (LCD), light emitting diode (LED) display, organic
light emitting diode (OLED) display, electronic paper display implementing electrophoretic ink or
any newly developed technology currently in development or that has yet to be developed and
publicly released that which have viewable area dimensions between 10 inches diagonally and
below. Examples of these are display screens for most household and specialty electronics as well
as mobile devices, cellular and smart phone displays, e-readers and tablet formatted computers.

C) Pixel Based Graphics

Usage of the Font Software, outlines and glyphs are permitted in pixel based graphics. Formats
included in this category are Graphic Interchange Format (GIF) files and its derivatives (Animated
GIF and GIF89), Joint Photographers’ Expert Group (JPEG) files and its derivatives (JPEG 2000),
Portable Network Graphics (PNG) files and its derivatives, Tagged Image File Format (TIFF) files
and its derivatives, non-vector Picture (PICT) files, Bitmap (BMP) files and its derivatives (Wireless
Bitmap (WBMP) files) and any pixel based graphic technology or format that is currently in
development or has yet to be developed and publicly released.
D) Vector Based Graphics

Usage of the Font Software, outlines and glyphs are permitted in vector based formats that
include Encapsulated Postscript (EPS) files, Scalable Vector Graphics (SVG) files and any vector
based graphic technology that is currently in development or has yet to be developed and publicly
released.

Special provisions apply to vector based graphics that are to be embedded or modified. For this
information, please see the section on Embedding and the section for information on modifications
of the Font Software, its outlines and glyphs.

E) Computer Aided Graphics

Usage of Font Software, outlines and glyphs are permitted in any computer-aided graphics
formats. Computer-Aided Graphics are classified, but are not limited to, any images derived from
wireframe geometry or non-uniform, rational b-spline (NURBS) geometry. Examples of this include
Computer Aided Design (CAD) applications, Computer Aided Engineering (CAE) applications and
Computer Aided Manufacturing (CAM) applications.

DYNAMIC MEDIA

Usage of Font Software, outlines and glyphs are permitted in several forms of Dynamic Media.
Dynamic media can be classified as any media consisting of images (photographic, pixel based
and vector based) set in a consecutive series of order that would give the visual appearance of
motion. Examples of methods of employing dynamic media include, but are not limited to, Sprite
Based Motion (employed in most Adobe® Shockwave Flash Applications), Cel Based Animation
(traditional and computer generated) and frame or timecode based motion (motion based on the
use of timecodes and frames per second).

PHYSICAL or TANGIBLE MEDIA

In the context of this Agreement, any glyph characters or font outlines from the aformentioned
Font Software can be used and applied to any form of tangible or physical media. The provisions
for the use of the glyph characters or font outlines on physical or tangible media are as follows:

PAPER BASED SUBSTRATES

Usage of font outlines and glyph characters are permitted on certain paper-based substrates.
Examples of paper-based substrates include newsprint, cardboard, bristol, vellum and any other
physical substrate derived from wood pulp or synthetic compounds. Methods used to employ font
outlines and glyphs onto paper-based substrates include, but are not limited to, printing methods
(lithography, letterpress, gravure and screen printing), etching (laser, chemical and traditional),
watermarking, stencil application, varnishing, foil stamping, embossing/debossing, cutting (die
cutting and laser cutting) and thermography to name a few.

PLASTIC BASED SUBSTRATES

Usage of font outlines and glyph characters are permitted on plastic-based substrates. Plastic-
based substrates are classified as any substrate derived from any synthetic or semi-synthetic
polymerization. Methods used to employ font outlines and glyphs onto plastic-based substrates
can include, but are not limited to, printing (lithography, flexography, gravure and screen printing),
etching (laser, chemical and traditional), stencil application, foil stamping, varnishing and molding
processes (injection, blo-molding, thermoforming and extrusion).

FIBER BASED SUBSTRATES

Usage of font outlines and glyph characters are permitted on any fiber-based substrate. Fiber-
based substrates are classified as any substrate comprised of natural or synthetic fibers that
have been either woven, knit or felted into cloth and fabric. Prohibited methods of application of
font outlines and glyphs onto fiber-based substrates can include, but are not limited to, printing
(mechanical and traditional), screen printing, embroidering (mechanical and traditional) and
weaving (mechanical and traditional) of font outlines and glyphs into cloth or fabric.

GLASS BASED SUBSTRATES

Usage of font outlines and glyph characters are permitted on glass-based substrates. Glass-
based substrates are classified as any substrate derived from a combination of materials using
silicon as its primary ingredient. Methods used to employ font outlines and glyphs onto glass-
based substrates can include, but are not limited to, printing (lithography, flexography, gravure
and screen printing), etching (laser, chemical and traditional), moulding processes and casting
processes.

RUBBER BASED SUBSTRATES

Usage of font outlines and glyph characters are permitted on rubber-based substrates. Rubber-
based substrates are classified as any substrate derived from naturally occurring latex from
rubber trees. Prohibited methods used to employ font outlines and glyphs into or onto rubber
based substrates can include, but are not limited to, printing (lithography, flexography, and screen
printing), etching (laser, chemical and traditional), engraving (laser and traditional), moulding
processes, embossing, carving (mechanical and traditional) and cutting processes (mechanical and
traditional).

METAL BASED AND ALLOY BASED SUBSTRATES

Usage of font outlines and glyph characters are permitted on metal-based and alloy-based
substrates. Metal-based and alloy-based substrates are classified as any substrate derived from
a combination or amalgamation of naturally occurring or manmade minerals into their primary
forms known as ingots or sheets. Methods used to employ font outlines and glyphs into or onto
metal-based and alloy-based substrates can include, but are not limited to, printing (lithography,
flexography, gravure and screen printing), engraving (laser and traditional), casting processes,
moulding processes and cutting and pressing processes (mechanical and traditional).

WOOD BASED SUBSTRATES

Usage of font outlines and glyph characters are permitted on wood-based substrates. Wood-
based substrates are classified as any substrate derived from the trunk or branches of any tree,
shrub, reed or grass. Methods used to employ font outlines and glyphs into or onto wood based
substrates may include, but are not limited to, printing (lithography, flexography, gravure and
screen printing), engraving (laser and traditional), burnishing, carving (mechanical and traditional)
and cutting processes (mechanical and traditional).
STONE BASED SUBSTRATES

Usage of font outlines and glyph characters are permitted on stone-based substrates. Stone-
based substrates are classified as any substrate derived from any stone, rock and other naturally
occurring aggregation of mineral and/or mineraloids. Methods used to employ font outlines onto
stone-based substrates can include, but are not limited to, engraving (laser and traditional), carving
(mechanical and traditional) and cutting processes (mechanical and traditional).

SKIN BASED SUBSTRATES

Application and usage of font outlines and glyph characters are permitted on any substrate
derived from non-synthetic parchments, unprocessed skins and leathers. Skin-based substrates are
classified as any substrate derived from the thin tissue forming the natural outer covering of the
body of any mammal (quadruped and biped), reptile, bird, chondrichthyes, aquatic vertebrae and
aquatic invertebrate. Methods used to employ font outlines and glyphs into or onto skin-based
substrates may include, but are not limited to, printing (lithography, flexography, gravure and
screen printing), foil stamping, engraving (laser and traditional), burnishing, tattooing (mechanical
and traditional), carving (mechanical and traditional) and cutting processes (mechanical and
traditional).

4. THIRD PARTIES

Under the provisions of this Agreement, the Licensee is permitted to provide, if deemed necessary,
copies of the Font Software to any designated non-licensed graphic designer, agency, printer, print
bureau or other service bureau that is currently working on the behalf of the Licensee provided
that the designated entity, business or bureau:

1.) Agree to use the Font Software strictly and exclusively for the Licensee’s work, project or
assignment.

2.) Agree and adhere to the terms and conditions of this Agreement and its enterprise-wide
exclusive rights license.

3.) Delete, destroy and retain no commercial or non-commercial copies of the Font Software upon
completion of your work, project or assignment.

It is considered a breach of this Agreement to lease, sub-license, lend, rent or make illegally
accessible Font Software to any non-designated non-licensed graphic designer, agency, printer,
print bureau, service bureau or other third party entity.

5. EMBEDDING

Within the provisions of this Agreement, any Licensee, business or entity that is granted a license
to use the Licensor’s (AKOFA Creative / AKOFAType) Font Software are permitted to embed
licensed Font Software into files or documents that are to be sent to aforementioned third parties.
These documents or files may be viewed and, under aforementioned provisions, used on various
substrates but are not to be edited by those third party recipients.

AKOFA Creative/ AKOFAType non-licensed Font Software may not, under any circumstances,
be embedded into software, firmware, applications, operating systems or electronic hardware
products in which the Font Software, outlines or glyphs will be used by the Users of said products.
Such embedding criteria requires a completely new and different license which may be offered
through the Licensor (AKOFA Creative / AKOFAType) based upon requested criteria and usage.
If an embedding license is needed, the Licensee or entity must justify and support that the
encryption of the embedded document is thoroughly secure to prevent the access, usage or theft
of AKOFA Creative / AKOFAType Font Software, font outlines and glyphs from the embedded file
or document.

6. MODIFICATIONS

In the context of this Agreement, the Licensee or any entity representing the Licensee may not
modify, adapt, translate, reverse-engineer, decompile, disassemble or create derivative works
based on the licensed Font Software itself without prior written consent from the Licensor.

If the Licensee or any entity representing the Licensee decide to modify the aforementioned Font
Software, the Licensor holds no responsibility for the Font Software or any defects that said Font
Software may cause to the Licensee or any entity representing the Licensee.

7. COPYRIGHT AND INTELLECTUAL PROPERTY

In the context of this Agreement, the Font Software and any accompanying materials are
copyrighted and contain proprietary information and trade secrets belonging to the Licensor.
Unauthorized copying of the Font Software even if modified, merged, or included with other
software, or of its written materials, is expressly forbidden. You may be held legally responsible
for any infringement of Licensor intellectual property rights that are caused or encouraged by your
failure to abide by the terms of this Agreement.

8. CREDITS AND COLOPHON

Under the provisions of this Agreement, the Licensee of the Font Software agrees to credit
AKOFA Creative / AKOFAType as the creator or trademark/ copyright holder of any licensed Font
Software. The Licensee also agrees to acknowledge in written form the Licensor (AKOFA Creative/
AKOFAType) whenever any written acknowledgment, colophon or credits are to be shown for the
development of the Font Software.

9. TERMINATION

This Agreement is effective until terminated. This Agreement will terminate automatically, with
notice from the Licensor, if there is a failure to comply with any provision contained herein.
Upon termination, you must delete or destroy the written materials, all Font Software or any
other derivative materials, as well as all copies of the Font Software, in part and in whole. The
aforementioned termination provisions also extend to any existing (but strictly prohibited) modified
copies of the font software.
10. DISCLAIMER AND LIMITED WARRANTY

Under the terms of this Agreement, the Licensor (AKOFA Creative / AKOFAType) warrants the
Product to be free from defects in materials and workmanship under normal use for a period of
fourteen (14) days from the date of delivery as shown on your receipt, invoice or purchase order.
The Licensor’s entire liability and your exclusive resolution as to a defective product shall be,
at the option of the Licensor, replacement of any such product that is returned to the Licensor
with the same product provided that the returner retains a valid copy of the receipt, invoice or
purchase order of purchased product. The Licensor (AKOFA Creative / AKOFAType) shall have
no responsibility to replace the product if failure results from accident, abuse or misapplication,
or if any product is lost or damaged due to theft, fire, or negligence (gross or otherwise). Any
replacement product will be warranted for fourteen (14) days. This warranty gives you specific legal
rights. You may have other rights, which may vary from state to state or country to country.

Once downloaded, the Licensor’s Font Software may not be refunded.

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE FONT SOFTWARE, IS PROVIDED “AS IS”.
NEITHER THE LICENSOR (AKOFA CREATIVE / AKOFATYPE) NOR ANY DISTRIBUTORS OF
PRODUCTS CREATED BY THE LICENSOR (AKOFA CREATIVE / AKOFATYPE) MAKES ANY
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.

The entire risk as to the quality and performance of the Font Software rests upon the Licensee.
Neither the Licensor nor the distributors of the Licensor’s products warrants that the functions
contained in the Font Software will meet your requirements or that the operation of the software
will be uninterrupted or error free.

NEITHER THE LICENSOR (AKOFA CREATIVE / AKOFATYPE) NOR ANY DISTRIBUTORS OF


PRODUCTS CREATED BY THE LICENSOR (AKOFA CREATIVE / AKOFATYPE) SHALL BE LIABLE
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING
DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
PRODUCT EVEN IF THE LICENSOR (AKOFA CREATIVE / AKOFATYPE) OR THE DISTRIBUTORS
FOR THE LICENSOR (AKOFA CREATIVE / AKOFATYPE) PRODUCTS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

Because some states and countries do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply.

11. GOVERNING LAW

This Agreement is governed by the laws of the United States of America and the State of Georgia.

12. MEMORANDUM OF UNDERSTANDING OF PARTIES INVOLVED

This Agreement contains the entire understanding between the parties and supersedes any prior
understandings and agreements, oral or written, between the parties regarding the subject matter
of this Agreemeent. No amendment to this Agreement shall be effective unless it is in writing and
executed by both parties.

13. RESERVATION OF RIGHTS

Under the provisions of this Agreement, the Licensee has the rights expressly set forth in this End
User License Agreement (EULA) and no other. All rights in and to the Font Software, including
unpublished rights, are reserved, All rights reserved. The EULA may be enforced by the Licensor
(AKOFA Creative / AKOFAType) or by an authorized dealer acting on behalf of the Licensor
(AKOFA Creative / AKOFAType).

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