Darden Studio

DARDEN STUDIO
144 N 7TH ST, PMB 505
BROOKLYN, NY 11249 USA

For questions related to the Licensed Fonts, contact Office@dardenstudio.com.

ADOBE TYPEKIT SERVICE
END USER LICENSE AGREEMENT (“EULA”)

ATTENTION, PLEASE: By installing or using any portion of the Licensed Fonts that are the subject of this EULA, you are agreeing to the terms and conditions of the License. This EULA is enforceable against you and any legal entity that obtains or accesses the Licensed Fonts and on whose behalf it is used, for example, your employer. If you do not agree to the terms of this EULA, do not use the Licensed Fonts.

1. Darden Studio hereby grants this end user license (“License”) to you as Licensee, pursuant to which you have the non-transferable, limited, and non-exclusive right to access Darden Studio font software (“Licensed Fonts”) at the Typekit Service subject to the terms and conditions stated herein.

2. The Licensed Fonts may be used only within and through the Typekit Service and only in the production, reproduction and display of human-readable text, strictly in compliance with this EULA and with the Terms of Use and the Typekit Services Agreement Additional Terms located at www.adobe.com/go/terms (together the “Adobe Typekit Terms”), which are deemed incorporated into the EULA by this reference.

3. This EULA is solely between Darden Studio and you. For the avoidance of doubt, (a) this EULA governs only the Licensed Fonts, and (b) the Adobe Typekit Terms govern everything in the Adobe Creative Cloud other than the Licensed Fonts, including the Typekit Service. In relation to the Licensed Fonts, if there is any conflict between the terms in this EULA and the Adobe Typekit Terms, then the EULA governs. In relation to your use of the Typekit Service, if there is any conflict between this EULA and the Adobe Typekit Terms, the Adobe Typekit Terms govern.

4. The Typekit Service has no responsibility to provide any maintenance or support services for the Licensed Fonts. If you feel there is a fault in the Licensed Fonts, you may notify Adobe, which may, in its discretion, refund the purchase price for the Licensed Fonts to you. To the maximum extent permitted by law, Adobe will have no other obligation, under warranty or otherwise, with respect to the Licensed Fonts. In the event the fault you describe can be reproduced by Darden Studio in its review, Darden Studio will not give a refund but will provide replacement Font Software to Adobe for the Typekit Service. Darden Studio is not obligated to provide upgrades or updates of the Licensed Fonts for any reason.

5. The Licensed Fonts are provided “as is.” Darden Studio disclaims all warranties, express or implied, of merchantability or fitness for a particular purpose or otherwise with respect to the Licensed Fonts. Without limiting the generality of the foregoing disclaimer, Darden Studio does not warrant that the Licensed Fonts will operate uninterrupted or error-free. Some jurisdictions do not allow the exclusions of warranty limitations in connection with purchases by consumers, and this disclaimer section will be deemed amended to the extent that you are provided rights by consumer statutes and regulations in those jurisdictions that override any provisions herein. In no event will Darden Studio be liable to you or any other person or entity for any indirect, incidental, consequential or punitive damages, including loss of profit or goodwill, for any matter arising out of or relating to the subject matter of this EULA. In any jurisdiction that permits a claim for damages, Darden Studio’s total liability for damages, if any, will be limited to the total fees paid by you to Darden Studio hereunder.

6. All rights not expressly granted by Darden Studio to you are hereby reserved to Darden Studio. Without limiting the generality of the foregoing, Darden Studio retains all right, title, and interest of whatsoever nature (including all intellectual property rights) in the Licensed Fonts and in all legally protectable elements and derivative works of the Licensed Fonts, regardless of by whom paid for or developed. In the event a third party asserts a claim against you that the Licensed Fonts or your possession and use of the Licensed Fonts in compliance with this EULA and the Adobe Typekit Terms infringe the third party’s intellectual property rights in the Licensed Fonts, Darden Studio (not Adobe) will be responsible for and will control the investigation, defense and resolution of the claim.

7. By initiating use of the Licensed Fonts, you are warranting that you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any US Government list of restricted parties. Darden Studio, like all companies in the United States, is prohibited from doing business with people or companies located in these countries.

8. Darden Studio’s use of any personal information that identifies or can be used to identify an individual will comply fully with all applicable privacy protection regulations, data protection regulations and other applicable laws.

9. No waiver of any provision of this EULA or of any right or remedy hereunder will be effective unless in writing and signed by the party against whom the waiver is sought to be enforced. No delay in exercising, course of dealing with respect to, or partial exercise of any right or remedy hereunder will constitute a waiver or relinquishment of any other right or remedy, or the future exercise thereof.

10. All notices must be in writing and will be deemed to be delivered when received by electronic mail; by certified mail, postage prepaid, return receipt requested; or by a nationally known overnight mailing service, at the address given above for the recipient or to such other address of which the sender has previously received notice given in conformance with this section.

11. This EULA will be governed by, and construed in accordance with the laws of the State of New York, excluding its rules governing conflicts-of-law. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this EULA. Any dispute relating to this Agreement will be decided solely in the courts located in the State and City of New York, and the parties irrevocably submit to the personal jurisdiction of said courts for that purpose.

12. In the event of your violation of any of the terms and conditions of this License, Darden Studio will be entitled to payment by you of the costs, including reasonable attorney’s fees, incurred by it to investigate and address the violation and to enforce the EULA.

We are very appreciative that you have chosen to use a Darden Studio font. Thank you for reading these EULA provisions carefully to be sure you understand the terms and conditions in connection with your use. We suggest that you keep a copy of the EULA for future reference, and be sure to contact us if in doubt about any of your rights and obligations under the License.