Mostardesign Type Foundry Desktop End User License Agreement
By downloading or installing font software (“font”) offered by Mostardesign Type Foundry, you agree to be bound by the following terms and conditions of this EULA. Right Granted Mostardesign Type Foundry grants Licensee a perpetual, worldwide, non-exclusive and non-transferrable license to use the font to create graphics for display on any surface including computer screens, television screens, paper, t-shirts or any other surface where the image will be a fixed size.
1. Requirements and Restrictions
You will not use the font to create alphabet or letterform products for resale where the product consists of individual letterforms, including rubber stamps, die-cut products, stencil products, or adhesive sticker alphabet products where the likeness of the font can be reproduced and the end-user of said products can create their own typesetting. An extended license may be available for an additional fee.
The font may be simultaneously used by no more than the number of users specified in the Receipt. A “user” is a single person or single machine. All users must belong to the same company or household purchasing the font except for temporary use by third parties as described in Section “Provision to Third Parties” of this EULA.
3. Provision to Third Parties
Licensee may temporarily provide the font to a graphic designer, printer, agent or independent contractor who is working on behalf of the Licensee, ONLY IF the developer, agent or independent contractor agrees in writing to use the font exclusively for Licensee’s work, according to the terms of this EULA, and retains no copies of the font upon completion of the work. Licensee may not otherwise distribute the font to third parties or make the font publicly accessible except by embedding or linking in accordance with this EULA.
4. Embedding and Linking
Documents embedding (PDF, Microsoft Word & Microsoft Powerpoint)the font and sent to third parties, must be read-only by those recipients.
The text rendered in the font must not be manipulatable by an end user. All care must be taken to prevent unauthorized users from accessing the font.
Rights granted by this Agreement are perpetual. Mostardesign Type Foundry will not charge additional fees post purchase, annually or otherwise.
6. Other Usage
Licenses for computer applications and games, installable interactive books, software, mobile applications and games, Ebooks and Epubs, product creation websites, website template distribution, website templates, and other uses not allowed by this Agreement may be available for an additional fee. Contact Mostardesign Type Foundry at studio(at)mostardesign(dot)com for more information.
You may not modify the font or create derivative works based on the font without prior written consent from Mostardesign Type Foundry.
Licensee agrees that the Font is the exclusive property of the owning foundry and is protected by copyright and intellectual property laws. Licensee may be held legally responsible for any infringements on the foundry’s rights caused by failure to abide by the terms of this Agreement.
Licensee agrees that the Agreement shall automatically terminate, without notice from Mostardesign Type Foundry, if Licensee fails to comply with any provision contained herein.
9. Disclaimer and Limited Warranty
Mostardesign Type Foundry warrants the Product to be free from defects in materials and workmanship under normal use for a period of twenty one (21) days from the date of delivery as shown on Receipt. Mostardesign Type Foundry’s entire liability and Licensee’s exclusive remedy as to a defective product shall be, at Mostardesign Type Foundry’s option, either return of purchase price or replacement of any such product that is returned to Mostardesign Type Foundry with a copy of the invoice. Mostardesign Type Foundry 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 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. Neither Mostardesign Type Foundry nor the Foundry 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 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 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 Agreement is governed by the laws of France and the State of Aquitaine.