XYZ Type End-User License Agreement for Adobe Typekit

Please read this agreement before installing or using the font software (collectively “the Fonts” or “the Licensed Fonts”) owned, licensed, or distributed by XYZ Type LLC (“We”, “Us” or “Our”). This End-User License Agreement (“Agreement”) outlines what you as a user (“You” or “Your”) can and cannot do with the Fonts. This Agreement is solely between Us and You and this Agreement creates no obligation or responsibility on behalf of any other party with respect to the Fonts. By installing or using any portion of the Fonts, You accept and agree to all of the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, do not complete the installation of the Fonts.

The Fonts are licensed, not sold. Obtaining a license to the Fonts gives You the right to use the Fonts on and through the Typekit Service in accordance with the terms of this Agreement and with the Terms of Use and the Typekit Services Agreement Additional Terms located at www.adobe.com/go/terms and www.adobe.com/go/typekit_terms (together the “Adobe Typekit Terms”). The Adobe Typekit Terms are incorporated into and made part of this Agreement and any capitalized terms not otherwise defined here shall have the meaning set forth in the Adobe Typekit Terms. With respect to your use of the Licensed Fonts, if there is any conflict between the terms of this Agreement and the Adobe Typekit Terms, this Agreement governs. With respect to your use of the Typekit Service, if there is any conflict between the terms of this Agreement and the Adobe Typekit Terms, the Adobe Typekit Terms govern.

(1) GRANT OF LICENSE

This Agreement grants You a non-exclusive, non-transferable license to use the Fonts (“License”) as specified in this Agreement and in Adobe Typekit Terms on and through the Typekit Service. This non-exclusive License does not preclude Our right to license the Fonts to other users.

(2) INTELLECTUAL PROPERTY OWNERSHIP

The Fonts and the designs embodied in them are protected by the copyright laws of the United States, other countries and by international treaty provisions. Either XYZ Type LLC or third parties from whom we have obtained a license exclusively owns all copyrights, trademarks and patents associated with and protecting the Fonts and their designs; You gain no ownership of the Fonts under this Agreement.

(3) GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

You agree that this Agreement has been entered in and shall be governed by the laws of the State of Missouri, without regard to conflict of laws principles. You consent to the jurisdiction of the state and federal courts in the City and County of St. Louis 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 will attempt in good faith to negotiate a resolution of the matter with Us. You agree that if the matter remains unresolved for forty-five (45) days after notification that a dispute exists You will join Us in participating in mediation services in St. Louis, MO with a mutually agreed upon mediator in an attempt to resolve the dispute. The costs of obtaining the services of a mediator will be split equally between You and Us.

(4) NO WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

We strive to produce the Fonts to the highest and most up-to-date technical standards. If You experience any difficulties with the Fonts and provide notice to us of those difficulties within 90 days of the purchase date in the Order Summary, We will work with You to resolve any technical issues. If we determine that the problem is a result of a technical failure of the Font software and it is not possible for us to correct the problem, You may notify Adobe, and Adobe may, at its discretion, refund the purchase price for the Licensed Font Software to You. To the maximum extent permitted by law, Adobe will have no other warranty obligation whatsoever with respect to the Licensed Font Software. In the event Adobe refunds Your money or You refuse to accept delivery of our Fonts, this License is automatically terminated. We do not provide warranties of merchantability or noninfringement. Adobe is not responsible for any product warranties, whether expressed or implied by law.

We are solely responsible for providing any maintenance and support services with respect to the Fonts, as specified in the above, or as required by applicable law. We and You acknowledge that Adobe has no obligation to provide any maintenance and support services with respect to the Fonts.

We will not be liable for any damages, loss, claims or costs including direct, indirect, special, incidental, consequential, lost profits or other damages based in contract, tort or any other claim for any incident arising out of Your use of the Fonts above the cost of the purchase price. We have no liability with respect to the content of the Fonts or any part of the Fonts, including but not limited to errors, omissions, libel, infringements of rights of publicity, privacy, copyright, or trademark, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

You agree to hold Us harmless from any and all liabilities, actions, losses, damages or claims including all reasonable expenses, costs and attorneys’ fees arising out of Your use of the Fonts.

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, We, not Adobe, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

(5) BUSINESS AND ORGANIZATIONAL USERS

The individual installing or using the Fonts, or any portion of the Fonts, for a business or organization, warrants that they have the authority to legally bind the business or organization. Individuals who do not have the authority to bind the organization or business agree to be personally liable for any breach of this Agreement.

(6) GENERAL PROVISIONS

This Agreement is effective on the date You install or use the Fonts, or any portion thereof.

If any portion of this Agreement is found to be void and unenforceable, it will not affect the validity of the entire Agreement.

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.

Our use of any 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 the Our privacy policy.

The terms and conditions of this Agreement constitute the entire agreement with respect to the Fonts and will supersede and replace all prior understandings and agreements.

Updates and upgrades to the Fonts are subject to the same terms and conditions as this Agreement unless We provide and require additional or different terms.

We may assign our rights under this Agreement in whole or in part to any subsidiary, affiliated or controlling corporation, to any third party owning or acquiring a substantial portion of our stock or assets, or to any partnership or other venture in which we participate, and such rights may be similarly assigned by any assignee. You do not have the right to assign this Agreement or any of your rights hereunder without our prior written consent.

XYZ Type End-User License Agreement for Adobe Typekit Version 20170926

XYZ Type

XYZ Type LLC EULA v.2017.09.26.1