Rosetta Type Foundry

Rosetta Typekit Marketplace
End User License Agreement

Notice to user: this agreement covers use of Licensed Font(s), as defined in Section 1.2, for use exclusively within the Typekit service. Please read this agreement carefully. By installing or using all or any portion of the Licensed Font(s), you accept all the terms and conditions of this agreement. You agree that this agreement shall have the same legal force as any agreement made in writing and signed by you. This agreement is enforceable against you and any legal entity that obtained the Licensed Font(s) and on whose behalf it is used: for example, if applicable, your employer. If you do not agree to the terms and conditions of this agreement, do not use the Licensed Font(s).

1. Definitions

1.1. “Rosetta” means Rosetta Type Foundry s. r. o., a corporation duly organised and existing under the laws of the Czech Republic, having its registered office at Potocká 42, 623 00 Brno, Czech Republic, registered in the Commercial Registry held by the Regional Court in Brno, Section C, File No. 77524, ID No. 29318904, VAT ID No. CZ29318904.

1.2. “Licensed Font(s)” means the fonts or font families that Rosetta licenses to you through the Typekit Marketplace for your use pursuant to this End User License Agreement.

1.3. “Service” means the Typekit Service website accessible from typekit.com, and all other services, features, or content made available to you on and through the Typekit Service.

1.4. “Typekit Marketplace” means the service through which Rosetta offers for direct sale Font Software licensed to you under the Rosetta Typekit Marketplace End User License Agreement, as defined below in section 2.1.

1.5 “Adobe” means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110 and Adobe Systems So ware 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. Adobe is running the Service on the typekit.com.

2. Use of Licensed Font(s); Font License; Precedence

2.1. Use of Licensed Font(s). Your use of the Licensed Font(s) is solely governed by this Rosetta Typekit Marketplace End User License Agreement (“EULA”). Rosetta, and not Adobe, is solely responsible for the Licensed Font Software. Your use of the Service is governed by the Adobe’s 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 the EULA by this reference.

2.2. License Grant. Rosetta grants to you a non-exclusive, non-transferable right and license to access the Licensed Font(s) provided to you in the Typekit Marketplace and to use the Licensed Font(s) on and through the Typekit Service, except in jurisdictions where the law provides a right of transfer.

2.3. Precedence. In case of any discrepancies between this EULA and the General Terms and / or the Additional Terms regarding the Licensed Font(s) in the Typekit Marketplace or your use of the Service, the General Terms and Additional Terms shall prevail over this EULA.

3. Warranty. Rosetta is not responsible for any product warranties, unless express or implied by law. In the event of any failure of the Licensed Font(s) to conform to any applicable warranty, you may notify Adobe, and Adobe may, at its discretion, refund the purchase price for the Licensed Font(s) to you. To the maximum extent permitted by law, Adobe will have no other warranty obligation whatsoever with respect to the Licensed Font(s).

4. Support and Maintenance. Rosetta is solely responsible for providing any maintenance and support services regarding the Licensed Font(s); Adobe shall have no obligations in relation to this. In case you identify any defect in Licesed Fonts, please contact Rosetta via email support@rosettatype.com.

5. Product Claims. In case any third party claims the Licensed Font(s) or your possession and use of the Licensed Font(s) infringes a third party’s intellectual property rights, Rosetta, not Adobe, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property.

6. Legal Compliance. You must 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) you are not listed on any U.S. government list of restricted parties.

7. Privacy. Rosetta declares that its use of any personal information that identifies or can be used to directly or indirectly identify an individual 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 the Rosetta’ privacy policy.

8. Miscellaneous. You may not use the Licensed Font(s) for purposes other than those stated in this EULA, General Terms, and Additional Terms. Rosetta retains all rights and titles to the Licensed Font(s), the trademarks, copyrights, and the designs embodied in the Licensed Font(s). You agree not to copy the Licensed Font(s) or create derivative works based upon the Font Software and/or the design of the Licensed Font(s). You hereby agree that this term is contractual in nature and that the unauthorised use of the design of the Licensed Font(s) and/or the Font Software shall be an infringement of Rosetta’s rights. In the event you identify the Licensed Font(s) used on your products or work output, you hereby agree to identify the Licensed Font(s) by their trademark and the owner of the trademark in any such credits. All use of the trademark associated with the Licensed Font(s) inures solely to the trademark owner. No ownership right is granted by this EULA. Rosetta reserves all rights.

9. Governing Law. Licensed Font(s) is/are protected under the laws of the Czech Republic, United Kingdom, United States of America and other international laws. You expressly agree that this EULA shall be governed, enforced, and construed in accordance with the laws of the Czech Republic. Rosetta expressly reserves any and all rights to seek equitable relief including but not limited to temporary restraining orders and preliminary injunctions each without the obligation of a bond. Rosetta’s rights and remedies shall be cumulative. You agree to be responsible for your compliance with all laws and regulations foreign and domestic relating to the control of exports or the transfer of technology. If any provision of this EULA is declared by a court of competent jurisdiction to be invalid void or unenforceable, the remaining provisions of this EULA shall continue in full force and effect and the invalid provision shall be replaced by Rosetta with a provision that most closely effects the intent of the invalid provision. Amendments or waivers to the terms and conditions of this EULA or any amendments to this EULA are only effective if signed by an authorised representative of Rosetta.