Trial Font Software End-User License Agreement (EULA)
Please read this agreement before installing or using the font software distributed by Typeji LLC (“We”, “Us” or “Our”). This Font Software End-User License Agreement (“Agreement”) is an agreement between Us and the Licensee (“You” or “Your”) and governs what You can and cannot do with the Fonts. By installing, copying, or using any portion of the Fonts, You accept and agree to this Agreement. If You do not agree to all of the terms and conditions of this Agreement, do not use or complete the installation of the Fonts.
1. GRANT OF TRIAL LICENSE
This Agreement grants You a non-exclusive license to use the Trial Fonts. A “Trial Font” means use of the Fonts for: ① testing and evaluation ② academic projects by student; or ③ private pitches and proposals for Your clients. If you are uncertain whether your intended use fits within the definition of “Trial Basis,” please contact us prior to using the fonts. If you decide to continue using the fonts beyond the initial evaluation usage or to use them for other reasons, please purchase the appropriate license from us at Typeji.com We grant You a nonexclusive, royalty free, nonassignable, nonsublicensable, and revocable license to use the Fonts for and subject to the Permitted Uses (“License”), provided that You: ① shall not transfer, give access to, or distribute any part of any Fonts to any third party without Our prior written consent; ② shall not attempt in any way to emulate, mimic, or otherwise create a substitute for any Fonts, including outlining; and ③ comply with this Agreement. We may revoke this License if you breach this Agreement.
If You are a business entity obtaining the License for use by Your owners, employees, agents, or other representatives, You shall notify the representatives of the terms of this Agreement and ensure that such representatives abide by this Agreement.
2. PERMITTED USES & RESTRICTIONS
You agree to follow the following terms and restrictions in this section.
a. No Modifications You shall not create other font formats from, modify, or alter the source code of the Fonts for any reason.
b. Restriction on Transfer
You may not rent, lease, sublicense, or assign any portion of the Fonts except as otherwise expressly stated in this Agreement. Likewise, You may not authorize any individual or legal entity to copy any portion of the Fonts onto that individual or entity’s computer.
c. Embedding Without the purchase of an additional license(s), You may not embed the Fonts into software or devices, except as defined above.
3. INTELLECTUAL PROPERTY OWNERSHIP
We retain ownership and all rights in and to the Fonts, and You acknowledge that You have no rights in or to the Fonts outside of the License. The Fonts, including the designs and software embodied in them, are subject to copyright and other intellectual property rights or licenses held by Us. No right, title, or interest in any Fonts, including any associated intellectual property, is transferred to You as a result of this Agreement.
4. TERMINATION WITH CAUSE
We may terminate this Agreement, including your License, immediately if You breach this Agreement. If the Agreement or License is terminated, You agree that You are not entitled to a refund, shall cease all use of the applicable Fonts, and shall immediately return or destroy all copies of the Fonts in Your possession. Termination of this Agreement does not preclude Us from seeking all legal or equitable remedies.
5. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
You agree that this Agreement has been entered in and shall be governed by the laws of State of New York, without regard to conflict of laws principles. You consent to the jurisdiction of the state and federal courts in the City of New York to enforce the provisions of this Agreement and to resolve any disputes arising out of or related to this Agreement or your use of the Fonts.
In the event that any dispute or claim arises out of this Agreement, You agree to attempt in good faith to negotiate a resolution of the matter with Us for at least 45 calendar days before pursuing any other remedy.
You shall pay Our reasonable attorneys’ fees, costs, and expenses incurred in connection with an audit, investigation, or action or proceeding arising from Your breach of this Agreement.
6. NO WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
We make no warranties, express or implied, and disclaim all implied warranties, including any warranty of merchantability or warranty of fitness for a particular purpose.
Neither party will be liable for any indirect, special, incidental, or consequential damages, including lost profits, that may arise in connection with this Agreement. Our liability arising out of this Agreement will not exceed the amount You paid for the Fonts giving rise to the liability.
You shall indemnify Us and Our owners, agents, and representatives (each an “Indemnified Party”) against any claims, actions, damages, liabilities, losses, or costs, including attorneys’ fees and costs incurred in the settlement or avoidance of any such claim, incurred by or asserted against any Indemnified Party resulting from or arising in connection with any breach or alleged breach by You of any of Your representations, warranties, covenants, or obligations under this Agreement.
7. UPDATES
We may update or modify this Agreement at any time to preserve its original intent and the permitted uses of Fonts. The updates or modifications will not be retroactive, and the most current version of the Agreement that You have agreed to will govern.
8. GENERAL PROVISIONS
If any portion of this Agreement is found to be void and unenforceable, it will not affect the validity of the entire Agreement.
We may assign Our rights under this Agreement in whole or in part to any subsidiary, affiliated or controlling business, to any third party owning or acquiring a substantial portion of Our ownership or assets, or to any partnership or other venture in which We participate. You do not have the right to assign this Agreement or any of Your rights hereunder without Our prior written consent.