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TypeTogether Desktop Fonts Agreement




IMPORTANT
- PLEASE READ CAREFULLY: This end user License Agreement (hereinafter, “EULA,”
“License,” “Agreement” or “License Agreement”) is a legal agreement between
Youand TypeTogether for the product, designs and software that accompany this
Agreement, and is also applicable to any media, printed materials, electronic
documentation, updates add-ons, web services and any other material that may be
associated with the product now or in the future. By downloading the Font
Software or opening the package, installing, copying, accessing or otherwise
using the Font Software, you agree to be bound by the terms of this Agreement.
If you do not agree to the terms of this Agreement, do not purchase this
License, download, install, access or use the Font Software. If you have
purchased a License to use the Font Software in a sealed retail package and do
not agree to the terms of this Agreement, return it unopened to the place of
purchase for a full refund.


 


grant of licence


1.       Upon payment in full, TypeTogether grants
you a non-exclusive, terminable License to use the Font Software (
“Font[s]”)
and the designs embodied therein together with any accompanying documentation,
each in accordance with the terms and conditions of this Agreement. This
License allows use of the Font Software with not more than five (5) Users at
one (1) geographic location. Use of the Font Software on a portable computer is
permitted provided that the portable computer is owned by a licensed User and
is not used in excess of the Users licensed under this Agreement.
If you
purchase a License to use the Font Software with more than 5 Users, you may
install the Font Software on the computers of the number of Users and
geographic locations identified in the Order Receipt which is returned to you
by email.

Use of the Font Software at more than one geographic location requires the
purchase of a License Upgrade. If at any time your use of the Font Software
exceeds that permitted in the applicable License, you agree to immediately
notify TypeTogether and purchase the appropriate License Upgrade. TypeTogether
reserves the right to determine the terms, conditions and pricing for any
License Upgrades.


 


2.       One Back-up. You are permitted to make
one (1) back-up copy of the Font Software for archival purposes only.
Unauthorized sharing, lending, renting, sale, or other unauthorized use or
misuse of the original Font Software and/or the back-up copy is a material
breach of this Agreement and will result in immediate cancellation of this
License. For example only, you are not permitted to alter the Font Software in
any way, such as by decompiling, reverse engineering, disassembling,
modification, or altering or changing the Font Software or any associated
embedding bits or convert the Font Software for use as a webfont without prior
written notice to and the express permission of TypeTogether.


 


3.       TypeTogether retains all right and title
to the Font Software, the trademarks, copyrights and the designs embodied in
the Font Software. You agree not to copy the Font Software or create derivative
works based upon the Font Software and/or the design of the Font.  You are permitted to use the Font Software in
the creation of Logos.  You hereby agree
that this term is contractual in nature and that the unauthorized use of the design
of the Font and/or the Font Software shall be an infringement of TypeTogether
’s
rights. 


 


4.       You are permitted to make a temporary
copy of the Font Software for use by a commercial printer or service bureau
solely for use in the production of your own materials. You are permitted to
include a temporary copy the Font Software with a document solely for the
purposes of your facilitating your personal printing and/or viewing of the
document.


 


5.       If you are a design
consultancy, advertising agency, or purchasing this License for use by or on
behalf of such an organization, the ultimate end user must also purchase a
License for the intended use of the Font Software.  Specifically, if your client will need copies
of the Font Software, your client must also purchase a License. This license
does not permit the temporary use of the Font Software by temporary employees,
freelancers or independent contractors in excess of the number of Authorized
Users. Specifically, you may not make additional temporary copies of the Font
Software for temporary uses.


 


6.       Use of the TypeTogether Font
Software in any of the following manners, among others without limitation,
and/or applications is NOT permitted without first obtaining the appropriate
License Upgrade:


 


a)       ALPHABET OR
LETTERFORM-RELATED PRODUCTS
FOR RESALE, OR LETTERFORM CREATION PRODUCTS                            OR
DEVICES;


b)      EMBEDDING IN ELECTRONIC DEVICES; ELECTRONIC
BOOKS, ALL GAMING USES AND/OR DEVICES’


c)       EMBEDDING IN SOFTWARE;


d)      STORING, CACHING, SERVING OR OTHERWISE
PROVIDING ACCESS TO THE FONT SOFTWARE TO THIRD PARTIES VIA THE INTERNET FOR USE
OR DISPLAY ON THE INTERNET, IRRESPECTIVE OF THE FORMAT OR TECHNOLOGY USED;


 e)      IN FOR THEATRICAL RELEASE FILM, TELEVISION
        OR BROADCAST VIA CABLE TELEVISION
OR ON THE INTERNET. You are permitted to animate the Font Software using Flash
animation in Flash type films;


f)       USE OF “DINGBATS,” OR IMAGES IN OR
FORMING A PART OF THE USE OF THE FONT SOFTWARE ON GOODS FOR SALE SUCH AS
T-SHIRTS, MUGS, ON DEMAND STATIONARY PRODUCTS etc.;


g)      USE OF ANY ILLUSTRATIONS EMBODIED IN THE
FONT SOFTWARE ON PRODUCTS FOR SALE; and


h)      INSTALLATION OF THE FONT SOFTWARE ON A
SERVER FOR SERVING TO USERS.


Contact
TypeTogether at: [email protected]


 


7.       PDF and Other Forms of Embedding or
Internet transmission is restricted. You are permitted to embed the Font
Software in Adobe Acrobat (PDF) documents, solely for the purposes of
presenting information and designs to others or for sending designs to a
service bureau or printer for output or other preparation for production. You
hereby agree that the Font Software shall be SUBSET when embedded and the PDF
document shall be set as NON-EDITABLE. If you are not sure how to subset and
create non-editable PDFs, contact Adobe or TypeTogether. The creation of more
than 500 individual PDF documents may require the purchase of a License
Upgrade, please contact TypeTogether at [email protected]  You are not permitted to embed the entire
character set or substantially all of the character set comprising any Font
that is subject to this License. Use of Font Software in PDF documents for sale
or products utilizing other forms of embedding of the Font Software for sale
(for example as part of a commercial product such as a design template or an
electronic book or use with a mobile device) requires the purchase of a License
Upgrade. Embedding the Font Software in Web pages is permitted provided you use
reasonable measures to ensure that the Font Software cannot be extracted. You
may use the Font Software with web font technologies other than @font
face, slFR, Cufón or Typeface.js technologies. You are
not permitted to use the Font Software in connection with embedded font objects
or by any other means that embed the Font Software for the purposes of
displaying the Fonts on the Internet or on wireless Web browsers except where
the use is in Flash-type animations. If you wish to use the Font Software for
such purposes, you must purchase a License Upgrade. You are permitted to use
the Fonts to make GIF, JPEG, and PNG pixel-based images for use on the Internet
provided that the image creation is not automated, the images are made
personally by a Licensed User, and that no embedding or other transmission of
the Font Software is made possible.


 


8.       In the event you identify
the Font Designs used on your products or work product, you hereby agree to
identify the Font Software by trademark and the owner of the trademark in any
such credits.  All use of the trademark
associated with the Font Software inures solely to the benefit of the trademark
owner.  No ownership right is granted by
this License Agreement. TypeTogether reserves all rights.


 


transfer of licence


9.       You are permitted to
transfer this License to use the Font Software one (1) time only and only to
another end user. Under no circumstances are you permitted to purchase a
License to use the Font Software for resale purposes. Upon transfer of this
License, you agree that (i) You will transfer the original Font Software
together with all documentation, (ii) Any such transfer is not by consignment
or other indirect means, (iii) The new Licensee reads, understands and agrees
with the terms of this License, and (iv) You will destroy all other copies on
the Font Software and any documentation remaining in your possession. Upon
transfer of the Font Software, you are not permitted to retain copies for
yourself, lend or otherwise provide copies of the Font Software to commercial
printers or service bureaus.


 


limited warranty


10.     TypeTogether will replace the Font Software
in the event the Font Software does not perform substantially in accordance
with the Documentation provided that any such claim is submitted within thirty
(30) days of purchase of this License. Your sole recourse is replacement Font
Software, no refunds will be granted.  To
submit a claim, you must return the Font Software to Fonts, or place of
purchase, together with a copy of your sales receipt. You expressly acknowledge
and agree that use of the Font Software is at your sole risk. The Font Software
and related documentation are provided
“AS IS” and, except as noted
herein, is without warranty of any kind and TypeTogether and its affiliated
companies (together, “TypeTogether”) hereby EXPRESSLY DISCLAIM ALL WARRANTIES,
EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TYPETOGETHER DOES NOT
WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS
NOT FAULT-TOLERANT AND IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR
USE IN MANUFACTURING, NAVIGATION, CONTROL EQUIPMENT OR IN ANY OTHER
CIRCUMSTANCES WHERE THE USE OR FAILURE OF THE FONT SOFTWARE COULD LEAD TO
DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR SEVERE PHYSICAL OR ENVIRONMENTAL
DAMAGE. UNDER NO CIRCUMSTANCES SHALL TYPETOGETHER BE LIABLE TO YOU OR ANY OTHER
PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY
SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS
OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONT SOFTWARE EVEN IF
NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. TypeTogether’s liability to you shall
in no event exceed the refunding of the cost of the Font Software or
replacement of the Font Software, either at TypeTogether’
s sole discretion.


 


11.     Some jurisdictions do not allow the
exclusion or limitation of incidental, consequential or special damages,
implied warranties or implied warranties. Only where applicable by law, ANY IMPLIED
WARRANTY OR CONDITION CREATED BY LAW IS ONLY EFFECTIVE FOR THE THIRTY-DAY
(30-DAY) WARRANTY PERIOD. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND
AFTER THE THIRTY-DAY (30-DAY) WARRANTY PERIOD. The exclusions noted above may
not apply to you. Otherwise, and to the extent permissible by law, you agree
that all implied warranties are not effective for more than thirty (30) days.


 


termination


12.     This License Agreement is effective as of
the Date of full payment for the License. This License Agreement may be
terminated by you at any time by destroying the Font Software together with any
printed material and any copies of the Font Software. This License Agreement
may be terminated without notice if you breach and/or fail to comply with any
term contained herein.


 


governing
law


13.     The TypeTogether Font Software is protected
under the laws of the Czech Republic, the United Kingdom, The United States of
America and other international laws. You expressly agree that this Agreement
shall be governed, enforced and construed in accordance with the laws of the
Czech Republic as they apply to contracts entered into and wholly performed
therein.  If you are a user with contacts
in the United States of America, you expressly consent to the jurisdiction of
the federal courts in the State of New York, USA and you hereby waive any
defenses arising out of the choice of law or forum identified herein and
expressly consent to service of process by Certified Mail, return receipt
requested.  TypeTogether expressly reserves
any and all rights to seek equitable relief including, but not limited to,
temporary restraining orders and preliminary injunctions, each, without the
obligation of a bond.  TypeTogether
’s
rights and remedies shall be cumulative.


 


14.     You agree be responsible for
your compliance with all laws and regulations, foreign and domestic relating to
the control of exports or the transfer of technology.


 


15.     If any provision of this
Agreement is declared by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of this Agreement shall continue in
full force and effect, and the invalid provision shall be replaced by
TypeTogether with a provision that most closely effects the intent of the
invalid provision.


 


16.     This Agreement constitutes
the entire understanding between the parties and supersedes all previous
agreements, promises, representations and negotiations between the parties.
Amendments or waivers to the terms and conditions of this Agreement, any
amendments to this Agreement or any License Upgrade are only effective if
signed by an authorized officer of TypeTogether.


 


general
provisions


17.     Headings. The captions of
the sections of this License Agreement are for convenience only and shall not
control or affect the meaning or construction of any of the terms or provisions
of this Agreement.


 


 


 


 


TypeTogether
End User Licence Agreement, version 2.0


© Copyright TypeTogether 2016.  All Rights Reserved


 




The Monotype Brand Family