End User License Agreement

Monotype Font Software License Agreement

Monotype Font Software License Agreement (Sending)

We recommend that you print this Font Software License Agreement for further reference.

This Font Software License Agreement (the “Agreement”) becomes a binding contract between you and Monotype when you click on the area marked “ACCEPT LICENSE AGREEMENT” or similar language. If you do not wish to be bound by the Agreement, you cannot access, install or Use the Font Software for the limited time period allowed. Please read this entire Agreement before you agree to be bound by its terms and conditions. The Agreement contains capitalized terms that are defined in Section 16 of the Agreement.

You hereby agree to the following:

1. You are bound by the Agreement and you acknowledge that all Use of and access to the Font Software supplied to you by Monotype is governed by the Agreement and you have no rights to the Font Software other than as set forth in the Agreement. All rights not expressly granted in the Agreement are reserved to Monotype.

2. You acknowledge and agree that your Use of the Font Software licensed under this Agreement requires the installation of the SkyFonts Client Software on your Workstation and that you will install the SkyFonts Client Software on your Workstation. Upon termination of this Agreement, the Font Software will be de-installed by Monotype from your Workstation.

3. You are hereby granted, for the Term, a non-exclusive, non-assignable, non-transferable license to access, install and Use the Font Software (i) on one (1) Workstation; and (ii) only for your Personal or Internal Business Use. The Font Software may not be installed or Used on an internal or external (i.e., internet accessed) server or in any other manner not expressly provided for under the terms of this Agreement. You specifically understand and agree that Monotype has no support obligation of any kind for the Font Software.

4. You may embed the Font Software into an electronic document, solely for print and view, that (a) is not a Commercial Product, (b) is distributed in a secure format that does not permit the full or partial extraction of the embedded Font Software, and (c) does not allow the recipient of such electronic document to Edit such electronic document. You may embed static graphic images into an electronic document, including a Commercial Product, (for example, a “gif”) with a representation of a typeface and typographic design or ornament created with the Font Software as long as such images are not used as a replacement for Font Software, (i.e., as long as the representations do not correspond to individual glyphs of the Font Software and may not be individually addressed by the document to render such designs and ornaments).

5. You agree that Monotype owns all right, title and interest in and to the Font Software, its structure, organization, code, and related files, including all property rights therein such as copyright, design and trademarks rights. You agree that the Font Software, its structure, organization, code, and related files are valuable property of Monotype and that any intentional Use of or access to the Font Software not expressly permitted by the Agreement constitutes a theft of valuable property.

6. You acknowledge that the Font Software is protected by the copyright and other intellectual property law of the United States and its various States, by the copyright and design laws of other nations, and by international treaties and your use of the Font Software shall be in compliance with such laws and treaties.

7. You may not rent, lease, sublicense, give, lend, or further distribute the Font Software, or any copy thereof, except as expressly permitted herein. You may not copy the Font Software and you agree not to copy the design embodied within the Font Software.

8. You agree not to adapt, modify, alter, translate, convert, or otherwise change the Font Software, or to create Derivative Works from the Font Software or any portion thereof. You further agree not to use the Font Software in connection with software and/or hardware which creates Derivative Works of such Font Software. You may not alter the Font Software for the purpose of adding any functionality which the Font Software did not have when you first accessed the Font Software. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Font Software, provided, however, that if you are located in a European Community member country or any other country which provides rights materially similar to the rights set forth in this proviso, you may reverse engineer or decompile the Font Software only to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purpose and only to the extent that sufficient information is not provided by Monotype upon written request).

9. You agree to use trademarks associated with the Font Software according to accepted trademark practice, including identification of the trademark owner’s name. Trademarks can only be used to identify output produced by the Font Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit of Monotype. You may not change any trademark or trade name designation for the Font Software.

10. THE FONT SOFTWARE IS PROVIDED TO YOU AS IS WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL MONOTYPE BE LIABLE TO YOU OR ANYONE ELSE (i) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so that such limitations may not apply to you. In those jurisdictions, you agree that Monotype’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction.

11. This Agreement is governed by the laws of the Commonwealth of Massachusetts applicable to contracts wholly entered and performable within such Commonwealth (without regard to applicable conflict of laws provisions). The United States District Court for the District of Massachusetts or, if federal subject matter jurisdiction is lacking, the Superior Court of the Commonwealth of Massachusetts in Middlesex County, shall be the exclusive forum for any disputes arising out of or related to such agreement. Both you and Monotype agree to the personal jurisdiction and venue of these courts in any action related to such agreement. The Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

12. Upon failure by you to comply with the terms of this Agreement, Monotype shall be entitled to terminate this Agreement immediately. The termination of the Agreement shall not preclude Monotype from suing you for damages resulting from any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Monotype.

13. You have the rights expressly set forth in the Agreement and no other. All rights in and to the Font Software, including unpublished rights, are reserved under the copyright laws of the United States and other jurisdictions. Notwithstanding the foregoing, to the extent that any law, statute, treaty, or governmental regulation shall be deemed by a court of competent jurisdiction to provide you with any additional or different rights from those provided herein and such rights shall be deemed non-waiveable as a matter of law and to supersede the rights specifically provided herein, then such law, statute, treaty, or governmental regulation shall be deemed to be made a part of the Agreement. To the extent that any such rights created by any law, statute, treaty or governmental regulation are waiveable, you agree that your acceptance of the Agreement shall constitute an effective and irrevocable waiver of such rights. The Agreement may be enforced by Monotype or by an authorized dealer acting on behalf of Monotype.

14. If this product is acquired under the terms of a (i) GSA contract - use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract, (ii) DOD contract - use, duplication or disclosure by the Government is subject to the applicable restrictions set forth in DFARS 252.277-7013; (iii) Civilian agency contract - use, reproduction, or disclosure is subject to FAR 52.277-19(a) through (d) and restrictions set forth in the Agreement.

15. You agree that the Font Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration or any applicable export laws, restrictions or regulations. All Font Software will be shipped F.O.B. Origin.

16. Definitions:

“Commercial Product(s)”

means, with respect to the Font Software, anything created by Use of the Font Software which is offered for distribution to the general public, or to some subset of the general public, in exchange for a separate fee or other consideration (such as in an electronic game, an Application or in any manner where the Font Software is embedded into electronic content which is distributed for a separate fee or other consideration).

“Derivative Work(s)”

means binary data based upon or derived from the Font Software (or any portion of the Font Software) in any form in which such binary data may be recast, transformed, or adapted including, but not limited to, binary data in any format into which the Font Software may be converted.

“Edit”

means any input of text that is displayed using the Font Software. For the avoidance of doubt, to Edit includes the insert of text into a form field.

“Font Software”

means, subject to the limitations, rights and obligations set forth herein, the font software made available to you by a third party with a license to the Monotype Library Subscription Plan which, when Used on or accessed by your Workstation, generates typeface and typographic designs and ornaments. Font Software includes all copies of the Font Software accessed or Used by your Workstation, all bitmap renderings of typeface and typographic designs and ornaments created by or derived from the Font Software, related files and related documentation. The Font Software is made available to you, in Monotype’s sole discretion, through the SkyFonts Client Software.

“Monotype”

means, collectively, Monotype Imaging Inc., its successors and assigns, its parent and affiliated corporations (which includes MyFonts Inc.), its authorized distributors, and any third party that has licensed to Monotype any or all of the components of the Font Software supplied to you pursuant to the Agreement.

“Personal or Internal Business Use”

means Use of the Font Software for customary personal or internal business purposes and shall not mean any distribution whatsoever of the Font Software or any component or Derivative Work thereof.

“SkyFonts Client Software”

means an operating system extension that you download to your operating system which enables and disables the access to and Use of the Font Software.

“Term”

means seven (7) days; provided, however, that Monotype shall have the right to terminate the Agreement at any time and immediately de-install the Font Software from your Workstation upon such termination.

“Use”

of the Font Software shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software, regardless of the location in which the Font Software resides.

“Workstation(s)”

means a hardware component in which an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software, provided that a printer with non-volatile memory shall not be considered a Workstation.

LAST UPDATED: JANUARY 6, 2017