This Trial Font End User License Agreement (hereinafter referred to as EULA) is a binding legal agreement between “TYPEDEPOT” LTD. (hereinafter referred to as Licensor) and you (hereinafter referred to as Licensee) and sets forth the terms and conditions by which you are allowed to download, install and use the Licensor’s Font Software (hereinafter referred to as “Licensed Software”). If you do not want to be bound by this EULA, you shall not access, download or use the Licensed Software.
For the purposes of this EULA, the following terms below shall have the meanings as described below:
“Font” means a collection of letters, numbers, punctuation, and other symbols which is used to set text (or related) matter.
“Style” means any given alternative in a type family; the equivalent of аtypeface or single font.
“Typeface” means an artistic interpretation, or design, of a collection of alphanumeric symbols. A typeface may include letters, numerals, punctuation and more — often for multiple languages. A typeface is usually grouped together in a family containing individual fonts for italic, bold, condensed, and other variations of the primary design.
“Licensed Software” means the font software provided by the Licensor, which when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Licensed Software shall include all bitmap representations of typographic and typeface designs as well as ornaments created by or developed from the Licensed Software. Licensed Software includes updates, upgrades, permitted copies, related files, related documentation and permitted conversions.
“Derivative Work” means binary data based on or developed from the Licensed Software in any form.
“Website” means a collection of related web pages which are organized under a single domain, including sub-domains.
“Device” means a software, hardware or firmware component to which an individual can give commands.
“CSS @ Font Face” means a code for specifying a font for rendering text in an HTML document by pointing to the URL.
“Use” of the Licensed Software occurs when an individual is able to give commands.
“Embedding” means the inclusion of the Licensed Software in an electronic document.
“Non-transferable” as used herein means that except as expressly provided in this EULA, Licensee is not permitted to distribute, sell, sublicense or transfer in any other way to anyone the products and Licensed Software offered by Licensor.
“Third Party” means a person, entity or other party other than Licensor or Licensee.
Grant of License
The following is a legal desktop EULA between Licensee or the employer or other entity on whose behalf Licensee is entering into this EULA and Licensor, which sets forth the rights and obligations with respect to the Licensed Software licensed to Licensee.
Licensor grants Licensee the non-exclusive, non-assignable, non-transferable (except as expressly permitted herein), revocable license, without the right to sublicense, to use the Licensed Software, as expressly permitted by the terms and conditions below and subject to the limitations set forth herein.
Licensee is allowed to use the Licensed Software in the following ways:
• This EULA permits you to use the Licensed Software on a maximum of 5 computers within your organisation.
• This EULA exclusively allows the use for trial purposes as well as in non-commercial student project contexts only.
Licensor is the exclusive proprietor of the Licensed Software and the design embodied within the Licensed Software (typeface design) and owns all right, title and interest in and to the Licensed Software and the design embodied, together with its organization, structure, code and related files. This EULA does not grant to Licensee any right, title or interest in or to the Licensor’s Properties, except the grant of rights specifically stated in this EULA. Use of the Licensed Software in any other manner is strictly forbidden. All rights not granted by this license are expressly reserved.
Restrictions on use
• Licensee shall not use the Licensed Software in any final files for any commercial project.
• Licensee shall not commission a third party to modify the Licensed Software.
• Licensee shall not modify the Licensed Software for your own purposes.
• Licensee shall not distribute, sell or give away any versions of the Licensed Software.
Orders and License Parameters
This EULA comes into force when Licensee clicks “Trial Fonts” and install the Licensed Software, in case subscribing online or upon acceptance of an offer provided by the Licensor or if Licensee continues to engage Licensor following receipt of this EULA.
Changes to the Licensed Software
Licensee hereby agrees that:
• Licensor shall not be responsible to Licensee for any modifications and changes to the Licensed Software that Licensor could make at its discretion;
• Licensor shall not be responsible to Licensee for any decision to discontinue, suspend or terminate the Licensed Software or any part(s) of it.
Licensor is allowed at its own discretion to:
• Change and modify any features of the Licensed Software;
• Remove or introduce new Licensed Software;
Licensor is the exclusive proprietor of the Licensed Software and the design embodied within the Licensed Software (typeface design) and owns all right, title and interest in and to the Licensed Software and the design embodied, together with its organization, structure, code and related files. The Licensed Software and design embodied within the Licensed Software (typeface design) are protected by copyright, design and other intellectual property laws of the Republic of Bulgaria as well as other international treaties. Licensee is not allowed to copy the Licensed Software and the design embodied within the Licensed Software, except as specifically otherwise provided in this EULA. The copies that the Licensee is specifically allowed to make in accordance with this EULA shall contain the same trademark, copyright as well as other proprietary notices that appear on or in the Licensed Software. Any use of the Licensed Software and the design embodied as well as its organization, structure, code and related files not expressly permitted by this EULA constitutes an infringement on intellectual and industrial property rights.
Transfer of Rights Prohibited
Licensee is forbidden to assign in any way the rights and obligations under this EULA to any third party without Licensor’s prior written permission. Licensee is forbidden to lease, rent, sublicense, lend, give, further distribute or transfer in any way the rights and obligations under this EULA to any third party without Licensor’s prior written permission. Licensee undertakes not to provide access to the Font Services user account to any third party and to keep the login information to the account in strict confidentiality.
Any assignment and transfer in violation of this EULA shall be considered invalid, void or unenforceable.
Disclaimer of Warranties
Licensor warrants and represents that it has all necessary rights and authority to enter into and perform this EULA. Licensor warrants and represents that the Licensed Software offered by Licensor does not infringe any other intellectual property right. Licensor shall retain all right, title, and interest, including all intellectual property rights, in and to the Licensed Software. Licensee agrees that the use of the Licensed Software is at Licensee’s sole risk as to satisfactory quality performance, accuracy and effort. Licensor licenses, and Licensees accepts the Licensed Software on an “AS IS”, “AS AVAILABLE”, and “WITH ALL FAULTS” basis. Licensor makes no warranties regarding the function or use of the Licensed Software, whether express, implied, or statutory, including without limitation, any implied warranties of merchantability or adequacy for any specific purpose. The Licensed Software has not been produced for use in manufacturing control devices or navigation devices or in circumstances that could result in environmental damage. Licensee bears the whole risk for the quality, performance and use of the Licensed Software. Licensor does not guarantee that the functions included in the Licensed Software will meet Licensee’s expectations or that the operation of the Licensed Software will be uninterrupted or error free or that the Licensed Software is without defects.
Disclaimer of Liability
Licensor’s liability to Licensee under any provisions of this EULA for damages shall be limited to the amounts paid hereunder by Licensee to Licensor. To the maximum extent permitted by applicable law, in no event should Licensor be liable to Licensee or any other party for any incidental, special, consequential or indirect damages, including but not limited to:
• Any loss or damage that may result from Licensee’s inability to use or access the Licensed Software;