| License Description: |
Please read this agreement before installing or using the trial font software (hereafter Òthe FontsÓ) owned, licensed, or distributed by XYZ Type LLC (ÒWeÓ, ÒUsÓ or ÒOurÓ). This End-User License Agreement (ÒAgreementÓ) outlines what you as a user (ÒYouÓ or ÒYourÓ) can and cannot do with the Fonts. By installing, copying, or using any portion of the Fonts, You accept and agree to all of the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, do not complete the installation of the Fonts.
1. GRANT OF LICENSE
This license is offered to you at no cost and in good faith that you will honor the terms of this Agreement. This Agreement grants You a license to use the Fonts (ÒLicenseÓ) on a Trial Basis. For purposes of this Agreement ÒTrial BasisÓ means that you may use the fonts for testing and comparison purposes, for non-commercial, academic projects and for pitches and client proposals. If you are uncertain whether your intended use fits within the definition of ÒTrial BasisÓ please contact us prior to using the Fonts. If you decide to continue using the Fonts beyond the initial trial usage or to use them for other reasons, please purchase the appropriate license from us at xyztype.com.
2. PERMITTED USES & RESTRICTIONS
a. Derivative Works & Modifications. Modification to ÒoutlinedÓ vector files (for example, when using the Fonts to create a logo) is permitted. You may not create derivative works based upon the design or intellectual property of the Fonts. ÒDerivative worksÓ includes code or data derived from or based upon the Fonts or any portion of the Fonts, in any form in which such code or data may be transformed, translated or adapted. You may not create new fonts from, modify, or alter the source code of the Fonts.
b. Document Embedding. You may embed the Fonts into electronic documents for Trial Basis usage, only if the electronic documents are distributed in a secure format that allows only printing and viewing, and prohibits editing, enhancing or modifying the text (hereafter ÒView and Print UseÓ). Without the purchase of an additional license(s), You may not embed the Fonts into software or devices, except as defined above. For example, except as defined above, the Fonts may not be embedded into Your: hardware, software, or any editable files that may be accessed by unlicensed computers.
c. Web Use. The Fonts may not be used with any web font replacement technologies which provide third-party access to the font files, such as @font-face. A license for web font usage may be purchased from Us separately.
d. Letterform Products. You may not use the Fonts in letterform-related products, including letterform reproduction products and any product, device, or service which owes an essential portion of its value or appeal to the shapes of the letterforms in the Fonts. For example, the Fonts may not be used for: rub-on letters; rubber stamps; stencil alphabet sets; adhesive alphabet letters; print-on-demand products designed interactively by a third party with the fonts; reproductions of individual letterforms for house numbering, signage, or scrapbooking. A license for letterform product usage may be purchased from Us separately.
e. Restriction on Transfer. You may not rent, lease, distribute, sublicense, or assign any portion of the Fonts. Likewise, You may not authorize any individual or legal entity to copy any portion of the Fonts onto that individual or entityÕs computer.
3. INTELLECTUAL PROPERTY OWNERSHIP
The Fonts and the designs embodied in them are protected by the copyright laws of the United States, other countries and by international treaty provisions. Either XYZ Type LLC or third parties from whom we have obtained a license exclusively owns all copyrights, trademarks and patents associated with and protecting the Fonts and their designs; You gain no ownership of the Fonts under this Agreement.
4. TERMINATION WITH CAUSE
The License will immediately and automatically be terminated with cause if You violate any material term or condition of this Agreement. If the License is terminated with cause, You agree that You will immediately return or destroy all copies of the Fonts in Your possession. Termination of this Agreement does not preclude Us from seeking all legal or equitable remedies.
5. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
You agree that this Agreement has been entered in and shall be governed by the laws of the State of Missouri, without regard to conflict of laws principles. You consent to the jurisdiction of the state and federal courts in the City and County of St. Louis to enforce the provisions of this Agreement and to resolve any disputes arising out of or related to this Agreement or your use of the Fonts.
In the event that any dispute or claim arises out of this Agreement, You will attempt in good faith to negotiate a resolution of the matter with Us. You agree that if the matter remains unresolved for forty-five (45) days after notification that a dispute exists You will join Us in participating in mediation services in St. Louis, MO with a mutually agreed upon mediator in an attempt to resolve the dispute. The costs of obtaining the services of a mediator will be split equally between You and Us.
6. NO WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
We strive to produce the Fonts to the highest and most up-to-date technical standards but the Fonts are offered Òas isÓ and we do not provide any guarantees or warranties regarding the Fonts, including but not limited to warranties of merchantability or noninfringement. We will not provide any technical support related to the Fonts unless a license is purchased.
We will not be liable for any damages, loss, claims or costs including direct, indirect, special, incidental, consequential, lost profits or other damages based in contract, tort or any other claim for any incident arising out of Your use of the Fonts. We have no liability with respect to the content of the Fonts or any part of the Fonts, including but not limited to errors, omissions, libel, infringements of rights of publicity, privacy, copyright, or trademark, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
You agree to hold Us harmless from any and all liabilities, actions, losses, damages or claims including all reasonable expenses, costs and attorneysÕ fees arising out of Your use of the Fonts.
7. BUSINESS AND ORGANIZATIONAL USERS
The individual installing, copying or using the Fonts, or any portion of the Fonts, for a business or organization, warrants that they have the authority to legally bind the business or organization. Individuals who do not have the authority to bind the organization or business agree to be personally liable for any breach of this Agreement.
8. GENERAL PROVISIONS
This Agreement is effective on the date You install, copy, or use the Fonts, or any portion thereof.
If any portion of this Agreement is found to be void and unenforceable, it will not affect the validity of the entire Agreement.
The terms and conditions of this Agreement constitute the entire agreement with respect to the Fonts and will supersede and replace all prior understandings and agreements.
Updates and upgrades to the Fonts are subject to the same terms and conditions as this Agreement unless We provide and require additional or different terms.
We may assign our rights under this Agreement in whole or in part to any subsidiary, affiliated or controlling corporation, to any third party owning or acquiring a substantial portion of our stock or assets, or to any partnership or other venture in which we participate, and such rights may be similarly assigned by any assignee. You do not have the right to assign this Agreement or any of your rights hereunder without our prior written consent. |