End-User Test License Agreement
The Mostardesign Type Foundry SAS Demo Font End User License Agreement
By downloading, installing and/or embedding font software (“Font”) offered by Mostardesign Type Foundry SAS, you (“Licensee”) agree to be bound by the following terms and conditions of this End User Licensing Agreement (“EULA”):
1. Right Granted
Mostardesign Type Foundry SAS grants Licensee a worldwide, non-exclusive and non-transferrable license to, for internal testing purposes or student projects only, use the Font to create graphics, link the Webfont to webpages using the @font-face selector in CSS files, and embed the Font into applications or ebooks.
2. Requirements and Restrictions
Licensee agrees to abide by the following requirements and restrictions:
a. Licensee may not create products with the Font to be used commercially, or personally. Products created with the Font are for testing and evaluation purposes only.
b. Licensee may not embed the fonts in any products or webpages that are publicly accessible without prior written consent from Mostardesign Type Foundry SAS.
3. Provision to Third Parties
Licensee may NOT provide the Font to a producer, publisher or other agent who is working on behalf of the Licensee except by embedding or linking in accordance with this EULA.
4. Term
This EULA grants the rights set forth in Paragraph 1 for a period of 30 days after the purchase date on the receipt unless and until the EULA terminates under Paragraph 8.
5. Other Usage
This EULA is a “Test License”. Licenses for Desktop use, @font-face embedding, computer applications and games, installable interactive books, software, mobile apps and games, Ebooks and Epubs, product creation websites, Corporate, and other uses not allowed by this Agreement may be available for an additional fee. Contact Mostardesign Type Foundry SAS at hello@motyfo.com for more information.
6. Modifications
Licensee may not modify the Font or create derivative works based upon the Font without prior written consent from Mostardesign Type Foundry SAS EXCEPT THAT Licensee may generate files necessary for embedding or linking in accordance with this EULA.
7. Copyright
The Font is protected by copyright law. The Foundry is the sole, exclusive owner of all intellectual property rights, including rights under copyright and trademark law. Licensee agrees not to use the Font in any manner that infringes the intellectual property rights of the Foundry or violates the terms of this EULA. Licensee will be held legally responsible, and indemnifies Mostardesign Type Foundry SAS, for any infringements on the foundry’s rights caused by failure to abide by the terms of this EULA.
8. Termination
This EULA is effective until terminated. If Licensee fails to comply with any term of this EULA, Mostardesign Type Foundry SAS may terminate the EULA with 7 days’ notice. This EULA will terminate automatically if the Licensee abandons before the 30 days mentioned in the subscription offer or after the expiration of 30 days following the date of the termination notice, whichever is earlier.
9. Disclaimer and Limited Warranty
Mostardesign Type Foundry SAS warrants the Product to be free from defects in materials and workmanship under normal use for a period of twenty one (10) days from the date of delivery as shown on Receipt. Mostardesign Type Foundry SAS shall have no responsibility to replace the product or refund the purchase price if failure results from accident, abuse or misapplication, or if any product is lost or damaged due to theft, fire, or negligence. Any replacement product will be warranted for twenty one (21) days. This warranty gives Licensee specific legal rights. Licensee may have other rights, which vary from state to state.
Except as expressly provided above, the product, is provided “as is”. Mostardesign Type Foundry SAS makes no warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose.
The entire risk as to the quality and performance of the Product rests upon Licensee. Mostardesign Type Foundry SAS warrants that the functions contained in the Product will meet Licensee’s requirements or that the operation of the software will be uninterrupted or error free.
Mostardesign Type Foundry SAS shall not be liable for any direct, indirect, consequential, or incidental damages (including damages from loss of business profits, business interruption, loss of business information, and the like) arising out of the use of or inability to use the product even if Mostardesign Type Foundry SAS or the foundry has been advised of the possibility of such damages.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to Licensee.
10. Governing Law
This EULA is governed by the laws of France.
11. Entire Agreement
This EULA, in conjunction with the receipt (“Receipt”) that accompanies each Font licensed from Mostardesign Type Foundry or its distributors, constitutes the entire agreement between Mostardesign Type Foundry SAS and Licensee.
12. Modification
The Parties may modify or amend this EULA in writing.
13. Contact
By accepting this EULA, the Licensee agrees that Mostardesign Type Foundry SAS may contact the Licensee via email for communication related to the product, updates, or other relevant information. This contact may include but is not limited to notifications, announcements, and offers pertaining to the product and related services.
14. Company Ownership
Mostardesign Type Foundry SAS, is the owner of the Mostardesign Type Foundry (https://www.motyfo.com) website and service.