MyFonts App License (perpetual)
This Agreement, entered into and made effective on the date of the applicable receipt (the “Effective Date”), is by and between Bitstream Inc. c/o Monotype Imaging Inc., 500 Unicorn Park Drive, Woburn, MA 01801, USA (“Bitstream”) and the licensee as specified in the applicable receipt (the “Licensee”).
In consideration of the following mutual covenants, undertakings and promises, the parties agree as follows:
1. License. Bitstream grants to the Licensee, a non-transferable, non-exclusive right to use, reproduce, and display the typefaces, set forth in the applicable receipt (“Licensed Products”) in a maximum number of applications (the “Apps”) as specified in the applicable receipt. Licensee shall have the right to allow users of the Apps to use the Licensed Products in conjunction with their Apps but Licensee shall not allow users to extract the fonts from the Apps or use them for any other purpose. Licensee shall not modify any Licensed Product(s) in any manner that alters the form of its style or form of typeface. Licensee shall not adapt, translate, reverse engineer, decompile or disassemble or create derivative works based on any Licensed Product. Bitstream reserves all rights not expressly granted to the Licensee.
2. Payments. This license is valid only in conjunction with the applicable receipt which lists the payment made.
3. Ownership. Licensee shall use the Licensed Product(s) only as expressly permitted by this Agreement. The license grant in this Agreement does not convey to Licensee any ownership interest in Licensed Product(s), data contained in them, modifications or copies of them, trademarks or copyrights; all such items are and shall remain the exclusive property of Bitstream. Licensee shall not disclose or make available any portion of a Licensed Product(s) in any form to any person other than Licensee’s employees, without the prior written consent of Bitstream.
4. Trademarks and Copyright Notices. Licensee agrees to reproduce each Bitstream copyright, trademark, proprietary or confidential notice in its entirety, on each copy of the Licensed Product(s) in the same location that such notices appear on Licensed Product(s) as delivered to Licensee by Bitstream.
5. Termination. The term of the License shall begin on the Effective Date of this Agreement and shall continue in perpetuity unless terminated in accordance with this paragraph 5. If Licensee shall fail to comply with the material terms and conditions of this Agreement, Bitstream may give Licensee written notice of such failure. Licensee shall have thirty (30) days after the receipt of such notice to cure such failure. If such failure is not cured within that period, this Agreement may be terminated, without further delay, by Bitstream sending written notice to Licensee. No fees shall be refundable to Licensee upon termination. Upon termination of this Agreement the Licensee shall, at its option, either return to Bitstream or destroy the Licensed Product(s) and all copies thereof, in part or in whole, and in all forms of media. If destroyed, Licensee shall promptly submit an affidavit signed by an officer of Licensee, which attests to the destruction of Licensed Product(s) by Licensee.
6. Disclaimer and Limited Warranty. Bitstream warrants to Licensee that the media on which Licensed Product(s) are furnished is free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to Licensee. Bitstream’s entire liability and Licensee’s exclusive remedy as to media shall be, at Bitstream’s option, either the return of the access fee and/or replacement of the media that does not meet Bitstream’s Limited Warranty and which is returned to Bitstream by Licensee. Any replacement media will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE LICENSED PRODUCT(S) AND RELATED MATERIALS ARE “PROVIDED AS IS”. BITSTREAM DOES NOT MAKE 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. Bitstream does not warrant that the functions contained in Licensed Product(s) will meet Licensee’s requirements or that the operation of the software program will be uninterrupted or error free.
BITSTREAM SHALL NOT BE LIABLE FOR ANY 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 LICENSED PRODUCT(S) EVEN IF BITSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply.
7. General. This Agreement is the complete and exclusive statement of the agreement between the parties and supersedes all prior agreements and communications with respect to the subject matter. All authorized modifications shall be in writing and signed by such authorized representative of Bitstream. The invalidity or unenforceability of any provision or provisions of this Agreement shall not affect the validity or enforceability of the remaining provisions. Nothing contained in this Agreement shall cause either party to be the partner, servant, agent of, or joint venturer with, the other. Bitstream will not be liable for any failure or delay in performance due, in whole or in part, to any cause beyond Bitstream’s control. This Agreement and all transactions under it shall be governed by the laws of the Commonwealth of Massachusetts, excluding its conflict of laws rules.
Bitstream Inc. dba MyFonts
500 Unicorn Park Drive
Woburn MA 01801