Monotype

This Agreement is between you and Monotype, and not between you and Adobe. Monotype is solely responsible for the Licensed Font Software.

This Agreement covers use of the Licensed Font Software for use exclusively within the Typekit Service. Please read this agreement carefully. By installing or using all or any portion of the Licensed Fonts, you accept all the terms and conditions of this Agreement. You agree that this Agreement is like any written negotiated agreement signed by you. This Agreement is enforceable against you and any legal entity that obtained the Licensed Font Software and on whose behalf it is used, for example, if applicable, your employer. If you do not agree to the terms of this Agreement, do not use a Licensed Font.

1. Definitions.

1.1 “Adobe” means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110 and Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a company organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated. 1.2 “Agreement” means this end user license agreement between you and Monotype. 1.3 “Foundry” or “Monotype” means Monotype Imaging Inc., a Delaware corporation, having its principal office at 600 Unicorn Park Drive, Woburn, MA 01801, together with its subsidiary and affiliated entities. Monotype is the owner or the authorized licensor of the rights in and to the fonts/font families licensed to you under this agreement. 1.4 “Licensed Font(s)” or “Licensed Font Software” means the font(s) or font families and the software that Monotype licenses to you through the Typekit Marketplace for your use pursuant to this Agreement. 1.5 “Service” or “Typekit Service” means the website accessible from typekit.com, and all other services, features, or content made available to you on and through such website. 1.6 “Typekit Marketplace” means the service through which Adobe offers for direct sale font software licensed to you by Monotype under this Agreement. 1.7 “you” and “your” means the person or entity (“licensee”) authorized to use the Licensed Font(s) licensed under this Agreement.

1. License Grant; Use of Licensed Fonts; Precedence.

2.1 License Grant. Monotype grants to you a non-exclusive, non-transferable right (except in jurisdictions where the law provides a right of transfer) and license to access the Licensed Font Software provided to you in the Typekit Marketplace and to use of the Licensed Font Software on and through the Typekit Service in accordance with the terms and conditions of your license. All rights not expressly granted in this Agreement are reserved to Monotype.
2.2 Use of Licensed Fonts. Your use of the Licensed Font Software is governed by this Agreement, the Adobe.com Terms of Use (“General Terms”) and the Typekit Services Agreement Additional Terms (“Additional Terms”) located at www.adobe.com/go/terms and which are incorporated into this Agreement by this reference. 2.3 Precedence. In relation to Licensed Font Software in the Typekit Marketplace, if there is any conflict between the terms in this Agreement, the General Terms or the Additional Terms, then this Agreement governs. In relation to your use of the Service, if there is any conflict between the terms in this Agreement, the General Terms or the Additional Terms, then the General Terms and the Additional Terms govern.

3. Warranty; Support. 

Monotype warrants to you that the Licensed Font Software will perform substantially in accordance with the intended uses licensed under this Agreement. To make a warranty claim, you must contact Monotype with sufficient information regarding your claim within 90 days of your first use of the Licensed Font Software. As the sole and exclusive remedy, Monotype will make commercially reasonable efforts to correct such performance failure within thirty (30) days of notification of such warranty claim or as soon thereafter as commercially reasonable.

MONOTYPE DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE LICENSED FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MONOTYPE’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, MONOTYPE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

In the event of any third party claim that the Licensed Font Software or your possession and use of the Licensed Font Software infringes a third party’s intellectual property rights, the Foundry, not Adobe, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim (subject to the limitations set forth above with respect to the Foundry’s warranties provided to you).

In the event of any failure of the Licensed Font Software to conform to any applicable warranty, the end user may notify Adobe, and Adobe may, at its discretion, refund the purchase price for the Licensed Font Software to the end-user. To the maximum extent permitted by law, Adobe will not have any other warranty obligation whatsoever with respect to the Licensed Font Software.

Other than the warranty obligations set forth in this Section 3, neither Monotype or Adobe has an obligation to provide any maintenance or support services with respect to the Licensed Font Software.

1. Limitation of Remedies.

IN NO EVENT WILL MONOTYPE 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 MONOTYPE 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 MONOTYPE 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. The Licensed Font Software is non-returnable and nonrefundable.

5. Governing Law. This Agreement is governed by the laws of The Commonwealth of Massachusetts applicable to contracts wholly entered and performable within such Commonwealth (without regard to applicable conflict of laws provisions). The United States District Court for the District of Massachusetts or, if federal subject matter jurisdiction is lacking, the Superior Court of the Commonwealth of Massachusetts in Middlesex County, shall be the exclusive forum for any disputes arising out of or related to this Agreement. Both you and Monotype agree to the personal jurisdiction and venue of these courts in any action related to this Agreement. This Agreement shall not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

6. Limited Distribution. You represent and warrant that (i) 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 (ii) that you are not listed on any U.S. government list of restricted parties.

7. Privacy. Monotype’s collection and use (if any) if personal information that identifies or can be used to directly or indirectly identify an individual will comply fully with any applicable local and international privacy protection regulations, data protection regulations and other applicable laws, and will be used in accordance with Monotype’s privacy policy.

8. Intellectual and Industrial Property Rights. You agree that the Licensed Font Software is protected by the copyright law and other intellectual and industrial property rights of the United States and its various States, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties. You agree that Monotype and or/its licensors own all right, title and interest in and to the Licensed Font Software, its structure, organization, code, and related files, including all intellectual and industrial property rights therein such as copyright, design and trademarks rights. You agree that the Licensed Font Software, its structure, organization, code, and related files are valuable property of Monotype and/or its licensors and that any intentional or negligent use of the Licensed Font Software not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights. All rights in and to the Licensed Font Software, including unpublished rights, are reserved under the copyright laws of the United States and other jurisdictions.

1. Waiver. No waiver by Monotype, whether express or implied, of any provision or breach of this Agreement shall constitute a continuing waiver of such provision or a waiver of any other provision or breach of this Agreement.

2. Other Licenses. Your access to the Typekit Service does not include the right to (i) embed the Licensed Font Software into hardware or software products (other than an electronic document as expressly permitted under the terms of use for the Typekit Service) or (ii) install the Licensed Font Software onto a server. These licenses are available from Monotype.

3. Contact. The principal office of Monotype is located at 600 Unicorn Park Drive, Woburn, MA 01801 and Monotype can be reached at the following email address: sales@monotype.com.