End User License Agreement
This Typecast Service 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 or when you accept the Agreement by other means (for instance referring to the Agreement in a purchase order, a confirmation email, etc.). By accessing the Service you are indicating that you agree to these terms. If you do not wish to be bound by the Agreement, you cannot access or use the Service. Please read this entire Agreement before agreeing to be bound. The Agreement contains certain capitalized terms that are defined in Section 12 of the Agreement.
1. Binding Agreement. You are bound by the Agreement and you acknowledge that all use of the Service and the Third Party Font Software is governed by the Agreement.
2. License Grant; User Generated Content; Third Party Services.
A. You are hereby granted, for the Term, a non-exclusive, non-assignable, non-transferable license to use the Service and the Third Party Font Software available through the Service to create code and content; provided, that this Agreement does not give you the right to use the Third Party Font Software included with the Service to publish such code and content on a website and to do so you must obtain an appropriate web fonts service license from the owner(s) of such Third Party Font Software. You have no rights to the Service or the Third Party Font Software other than as expressly set forth in the Agreement and all rights set forth in the Agreement are subject to you maintaining your Account in good standing.
B. You are solely responsible for all content generated by you through the use of the Service, (“User-Generated Content”). It is your responsibility to ensure that your User-Generated Content does not infringe or violate any rights (including, but not limited to, intellectual property rights) of Monotype or any third party. Monotype shall have no rights in any User-Generated Content.
3. Fees and Renewal. Information regarding license fees for the Service can be found at http://www.typecast.com and may be updated from time to time by Monotype in its sole discretion. You will have the option of renewing the Agreement for subsequent Term(s) by paying an additional license fee for each subsequent Term for which you wish to renew the Agreement.
4. Intellectual Property Rights. You acknowledge that the Service and the Third Party Font Software are 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. You agree to treat the Service and Third Party Font Software as you would any other copyrighted material. You may not copy the Third Party Font Software, except as expressly provided herein, or extract the Third Party Font Software from the Service and you agree not to copy the design embodied within the Third Party Font Software.
5. Ownership. You agree that Monotype, or its third party licensors, owns all right, title and interest in and to the Service and the Third Party Font Software, its structure, organization, code, and related files, including all property rights therein such as copyright, design and trademarks rights. Monotype agrees that, as between you and Monotype, you own all User Generated Content. You agree that the Third Party Font Software, its structure, organization, code, and related files are valuable property of Monotype or its third party licensors and that any intentional use of or access to the Third Party Font Software not expressly permitted by the Agreement constitutes a theft of valuable property. All rights not expressly granted in the Agreement are expressly reserved to Monotype.
6. No Copies or Modifications. You may not copy the Third Party Font Software or any portion of the Service. You agree not to adapt, modify, alter, translate, convert, or otherwise change the Third Party Font Software, or to create Derivative Works from the Third Party Font Software or any portion thereof. You further agree not to use the Third Party Font Software in connection with software and/or hardware which creates Derivative Works of such Third Party Font Software. You may not alter the Third Party Font Software for the purpose of adding any functionality which the Third Party Font Software did not have when you first accessed the Third Party Font Software. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service or the Third Party 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 Third Party 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).
7. Trademarks. You agree to use trademarks associated with the Third Party 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 Third Party 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 or its third party licensors. You may not change any trademark or trade name designation for the Third Party Font Software.
8. No Transfers. You may not rent, lease, sublicense, give, lend, or further distribute the Third Party Font Software, or any copy thereof, except as expressly provided herein. Your rights under this Agreement may not be transferred to a third party and you agree not to grant any third party access to your Service user account and keep all login information to said account strictly confidential.
9. No Warranty; Limitation of Liability. UNLESS SPECIFICALLY SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND MONOTYPE OR AS REQUIRED BY LAW, THE SERVICE AND THE THIRD PARTY FONT SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE COMPANY 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 THE COMPANY 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 THE COMPANY 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 ninety (90) 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. Fees paid for the Service are non-returnable and nonrefundable.
10. Termination. Upon failure by you to comply with the terms of this Agreement, Monotype shall be entitled to terminate this Agreement upon notice by regular mail, telefax or email. The termination of the Agreement shall not preclude Monotype from suing you for damages of any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Monotype. You may terminate your monthly billed Account upon thirty (30) day’s written notice to Monotype and, upon such termination, further monthly billing shall cease and this Agreement shall terminate.
11. Terms and Conditions. You have separately agreed to Monotype’s standard Terms and Conditions (https://www.fonts.com/cart/eula#terms) which include provisions relating to governing law and jurisdiction, export restrictions and U.S. government contracts. In the case of a conflict between the Terms and Conditions and this Agreement, this Agreement shall control.
- “Account” means your account at http://www.typecast.com
- “Derivative Works” means binary data based upon or derived from the Third Party Font Software (or any portion of the Third Party 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 Third Party Font Software may be converted.
- “Monotype” means collectively Monotype Imaging Inc., its successors and assigns, its parent and affiliated corporations, its authorized distributors, and any third party that has licensed to Monotype any or all of the components of the Third Party Font Software supplied to you pursuant to the Agreement.
- “Service” means the Typecast service.
- “Term” means the period of time for which you have licensed the rights hereunder, as indicated in your Account.
- “Third Party Font Software” means the font software available through the Service for the purposes of design and content creation.