Licensing

Desktop EULA

Effective as of 1/1/2021

This End User License Agreement (this “Agreement”) constitutes a legally binding agreement between you (the “Licensee”) and MCKL, Inc. (together with its successors and assigns, “Licensor”). This Agreement governs the license and use of the typeface font computer software program(s), together with any related documentation, updates, and permitted copies thereof, selected by Licensee and specified therein (the “Font Software”). 

LICENSEE’S ACCEPTANCE AND USE OF THE FONT SOFTWARE CONSTITUTES ITS AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

  1. License.  Subject to the terms and conditions hereof, Licensor hereby grants to Licensee a revocable, limited, non-exclusive, royalty-free, non-transferable, non-assignable, non-sublicensable right and license to install and use the Font Software solely by Licensee and its employees and contractors in connection with Licensee’s customary internal business purposes and in no event for distribution or resale, either on a standalone basis or incorporated into any file or work (the “License”). For the avoidance of doubt, Licensee (or its employees or contractors) uses the Font Software when an individual gives commands, whether by keyboard or otherwise, through any desktop application or program that contains a font menu (e.g., Microsoft Office suite or Adobe InDesign, Illustrator, or Photoshop, etc.). Licensee may not use the Font Software in any manner other than as expressly set forth herein. Licensee does not acquire any ownership interest in or to the Font Software under this Agreement or any other rights thereto other than to use the Font Software in accordance with the License granted and subject to all terms, conditions, and restrictions, set forth in this Agreement. Licensor reserves and shall retain its entire right, title, and interest in and to the Font Software, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted under the License. All rights not expressly granted are expressly retained by Licensor.
  2. License Restrictions.  In addition to other prohibited uses described in this Agreement, Licensee shall not be permitted to do any of the following:
    1. Copying. Copy the Font Software, except as expressly permitted by the License;
    2. Modifying or Creating Derivative Works. Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable or copyrightable, of the Font Software, including, without limitation, by (i) converting the Font Software into another font format or into vector outlines and/or rasterized bitmaps; (ii) translating the Font Software into other platforms (e.g., UNIX); (iii) creating additional characters, accents, symbols, or typeface weights (e.g. italics, extrabold, etc.) from the Font Software or any portion of it; (iv) altering the style of the Font Software to create an altered family (e.g. change the style to allow multiple weights such as bold, italic, bold, and bold italic to all be accessed through the regular font weight); (v) extending the language coverage of the Font Software; (vi) changing the name of the Font Software;
    3. Reverse Engineering. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Font Software or any part thereof;
    4. Removing Proprietary Rights Notices. Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Font Software, including any copy thereof;
    5. Transferring/Sublicensing. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Font Software, or any features or functionality of the Font Software, to any third party, including, without limitation, any advertising agency, client, printers, or parent, subsidiary, or affiliated company of Licensee, for any reason, including by making the Font Software available on a network where it is capable of being accessed by more than one device at any time;
    6. Disabling Security Features. Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Font Software;
    7. Using as Web Fonts. Use the Font Software as a web font, convert the Font Software into web font formats (e.g., Cufon, WOFF, WOFF2, EOT, SVG, TTF, etc.), or create and/or embed the Font Software into web pages.
    8. Using in Certain Other Media. Use the Font Software to create and/or embed the Font Software (or vector and rasterized representations of the Font Software) into (i) video files (e.g., Flash or  HTML5,); (ii) any form of digital publishing document files (e.g., in EPUB or similar formats); (iii) commercial or non-commercial broadcasts, including, without limitation, movies, television, news, commercials, or other programming, whether in broadcast graphics, trailers, commercials, title cards, credits, or otherwise; (iv) hardware, including, without limitation, printers, appliances, kiosks, tablet computers, game consoles, set-top box, smart phones, or graphics for use in any LED or similar electronic display medium (e.g., electronic displays, sports scoreboards, news or message displays, video advertising, web pages, or any graphics management and distribution system); or (v) CSS rule @font-face or other forms of font linking.
  3. Additional Licenses. If Licensee is a design consultancy, advertising agency, or purchasing this License for use by or on behalf of such an entity, the ultimate end user should also purchase a license appropriate for the intended use of the Font Software. Specifically, if the ultimate client will need copies of the Font Software, the client must also purchase a License. This License for personal use does not extend to uses by temporary employees, freelance or independent contractors using the Font Software in professional environments or for other professional uses. Licensee shall not make copies greater than the License allows for temporary use by freelance users, temporary employees or independent contractors, additional copies outside of those permitted by this License require the purchase of additional licenses. Under such circumstances the employer and/or the ultimate end user are required to purchase a license appropriate for their usage. This License expressly prohibits the use of the Font Software in the creation of alphabet products such as, but not limited to: house numbers, stamp sets, rub-on letters, adhesive alphabet letters, alphabet punch and die sets or other methods for use in making such products. Any such use requires the purchase of a special license.
  4. Installation. The number of computing devices that Licensee may install and use the Font Software on depends on the number of license(s) that Licensee purchased. Please read Licensor’s Base License Table for specific details. Font Software may not be stored or used in any manner that makes them accessible to the public or non-licensed third parties. For the purposes of clarity, this License is for individual users or organizations purchasing for authorized employees only.
    1. Service Bureau/Printer Use. To reproduce a particular document, Licensee may provide a copy of the specified Font Software to a commercial printer or service bureau. Afterwards, the printer or service bureau must destroy the copies of the Font Software.
    2. Back-up Copies. Licensee may make a reasonable number of copies of the Font Software for back-up purposes only. Copies must contain the same documentation, copyright, trademark, and other proprietary notices that appear on, in or with the Fonts Software.
    3. Embedding of Fonts. Solely in connection with the uses permitted by the License, Licensee may embed the Font Software into digital documents or data files so long as i) the Font Software is subset, ii) the document text can be viewed and printed but not edited, and iii) reasonable measures are taken to ensure recipients of such documents cannot extract or use the embedded Font Software. Rasterized copies of images showing the Font Software are permitted provided the images do not result in all or substantially all of the characters comprising the Font Software. If the resulting images show most or all of the font characters, a rasterized showing of the Font Software is not permitted.
    4. Modifications. Licensee may create outline artworks based upon the Font Software for its personal or business use. However, the use of any font creation or font manipulation program or any attempt to modify the Font Software for the purposes of creating a usable, derivative or substitute version of the Font Software is prohibited. Under no circumstances may Licensee modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or otherwise attempt to discover the source code of the Font Software or the designs embodied therein. Licensee further agrees not to commission or authorize any third party to undertake modifications to the Font Software without prior written consent from Licensor.
    5. Geographic Restrictions. This Agreement provides a license of the Font Software by a specified number of users. Use of the Font Software in more than one geographic location or by means of server or central CPU outside of the terms of Licensee’s License is permitted provided each user or potential user is licensed in accordance with this Agreement. License upgrades may be purchased at the Site or by contacting info@mckltype.com.
  5. Updates. Licensor may from time to time in its sole discretion develop and provide updates to the Font Software, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. Licensor has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Licensee shall promptly download and install all Updates. All Updates will be deemed part of the Font Software and be subject to all terms and conditions of this Agreement.
  6. Disclaimer of Warranties. THE FONT SOFTWARE IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE FONT SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE FONT SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

    TO THE EXTENT APPLICABLE, LICENSEE HEREBY WAIVES THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
  7. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR HAVE ANY LIABILITY ARISING FROM OR RELATED TO LICENSEE’S USE OF OR INABILITY TO USE THE FONT SOFTWARE FOR (I) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES OR (II) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED ONE HUNDERD U.S. DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  8. Indemnification. Licensee shall indemnify, defend, and hold harmless Licensor and its parent, subsidiary, and affiliate companies and licensors and each of their respective officers, directors, members, managers, employees, contractors, licensors, agents, successors, and assigns from and against any and all losses, liabilities, damages, settlements, costs, penalties, or expenses (including attorneys’ fees and costs) (collectively, “Losses”) arising out of or in connection with any claim brought by a third party based on any breach, or allegation, which if true, would constitute a breach, by Licensee of (i) its representations, warranties, covenants, or obligations hereunder, (ii) applicable local, state, federal, or international law or regulation, or (iii) any party’s rights, including, but not limited to, any intellectual property rights. The indemnified parties shall promptly notify Licensee in writing of any such indemnified claim (provided, however, any delay in such notice shall not relieve Licensee of its obligations hereunder except to the extent such delay prejudices the defense of such claim) and give Licensee the opportunity to defend or settle such claim at Licensee’s sole cost and expense; provided, however, Licensee shall not settle any such claim without the applicable indemnified parties’ prior written consent, not to be unreasonably withheld, delayed, or conditioned; provided, further, the indemnified parties reserve the right to assume the exclusive defense and control of any such claim. In all cases, the indemnified parties will cooperate with Licensee, at Licensee’s sole cost and expense, in defending or settling such claim.
  9. Export Regulation. The Font Software may be subject to United States export control laws, including the Export Control Reform Act and its associated regulations. Licensee shall not, directly or indirectly, export, re-export, or release the Font Software to, or make the Font Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. Licensee shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Font Software available outside the United States.
  10. Governing Law and Jurisdiction; Disputes. This Agreement is governed by and construed in accordance with the internal law of the State of California without reference to its principles of conflicts of laws and any dispute or legal claim arising out of or relating to this Agreement or Licensee’s use of the Font Software shall be adjudicated exclusively in either the state or federal courts located in Los Angeles County, California, and Licensee hereby irrevocably waives all jurisdictional, venue, or inconvenient forum objections to such courts. Licensee agree that, regardless of any applicable law to the contrary, any legal claim or cause of action arising out of or relating to this Agreement or Licensee’s use of the Font Software must be filed with a court of competent jurisdiction within one (1) year after such legal claim or cause of action arose or else will be forever barred.
  11. Remedies. In the event of a breach by Licensee of the terms of the License, including, without limitation, the restrictions under the License, Licensor will suffer irreparable harm in for which monetary damages would not be a sufficient remedy, and, as such, if Licensee breaches or threatens to breach any of the obligations set forth therein, Licensor will have the right, without the requirement of posting a bond or other security, to equitable relief, including injunctive relief or specific performance or both, from a court of competent jurisdiction, in addition to all other remedies available to Licensor at law, in equity, or pursuant to this Agreement. All remedies, whether at law, in equity, or pursuant to this Agreement, will be cumulative.
  12. Assignments. Licensor may assign or otherwise transfer any or all of its rights and/or obligations under this Agreement to any party. Licensee may not assign or transfer Licensee’s rights or obligations under this Agreement to any party without the prior written consent of Licensee, which may be exercised in Licensee’s sole and absolute discretion. Any purported assignment or delegation in violation hereof shall be null and void and constitute a material breach hereof.
  13. Entire Agreement. This Agreement constitutes the entire agreement between Licensor and Licensee with respect to the subject matter hereof, and supersedes all prior and contemporaneous oral or written discussions, documents, agreements, and prior course of dealing between the parties with respect to such subject matter.
  14. Severability. If any term, provision, or condition, or any part thereof, of this Agreement shall for any reason be found or held invalid or unenforceable by any court of competent jurisdiction, such invalidity or unenforceability shall not affect the remainder of such term, provision or condition nor any other term, provision or condition, and this Agreement shall survive and be construed as if such invalid or unenforceable term, provision or condition had not been contained therein.
  15. Amendment; Waiver. This Agreement may be amended only with the written consent of the parties and the observance of any provision of this Agreement may be waived (either generally or in any particular instance, retroactively or prospectively) only with the written consent of the waiving party. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Webfont EULA

Effective as of 1/1/2021

This End User License Agreement (this “Agreement”) constitutes a legally binding agreement between you (the “Licensee”) and MCKL, Inc. (together with its successors and assigns, “Licensor”). This Agreement governs the license and use of the typeface font computer software program(s), together with any related documentation, updates, and permitted copies thereof, selected by Licensee and specified therein (the “Font Software”). 

LICENSEE’S ACCEPTANCE AND USE OF THE FONT SOFTWARE CONSTITUTES ITS AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

  1. Definitions. The following terms have the meaning specified below and throughout this Agreement:
    1. A “webfont” is font software that has been created, optimized, translated or otherwise specially modified for use on the Internet for styling or viewing text on a website.
    2. The “domain” is the host name of a website’s home page. The domain may be comprised of one unique second-level domain name (as in “example” of http://www.example.com), multiple top-level domains (as in .com, .org, .fr, etc.), and multiple sub-domains (as in “shop” of shop.example.com, or “blog” of blog.example.com, etc.). Under this license , Licensee must own the domain and control the content of the licensed websites.
    3. A “website” is defined as a collection of related web pages organized under a single domain. The website may be viewed with a web browser and/or via a web-based mobile app provided that the webfonts are not included or embedded as explained in section 2 below. A web-based mobile app is restricted to operating on a hand-held device running one of the following operating systems: Android, iOS, Windows Phone or Windows RT.
  2. License. Subject to the terms and conditions hereof, Licensor hereby grants to Licensee a revocable, limited, non-exclusive, royalty-free, non-transferable, non-assignable, non-sublicensable right and license to install and use the Font Software solely by Licensee and its employees and contractors in connection with Licensee’s customary internal business purposes or personal purposes and in no event for distribution or resale, either on a standalone basis or incorporated into any file or work (the “License”). Licensee may not use the Font Software in any manner other than as expressly set forth herein. Licensee does not acquire any ownership interest in or to the Font Software under this Agreement or any other rights thereto other than to use the Font Software in accordance with the License granted and subject to all terms, conditions, and restrictions, set forth in this Agreement. Licensor reserves and shall retain its entire right, title, and interest in and to the Font Software, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted under the License. All rights not expressly granted are expressly retained by Licensor.
  3. Permitted Use of Webfont and Webforms. The webfonts may be used for styling text on Licensee’s website via the CSS @font-face rule for the domain specified on the applicable sales receipt. Only the WOFF, SVG, and EOT webfont files provided by Licensor may be used. The use of alternate formats (such as TTF or OTF) is expressly prohibited. Licensee may not use the webfonts as a tool or resource for third parties to create customized products or documents. Further, the webfonts may not be served to unlicensed domains, even if they are hosted on a licensed domain. The use of the Font Software for web forms is permitted. However, any other editable use of the Fonts, such as in templates or for use in the creation of customizable designs or products requires the purchase of a separate license. The use of Licensor’s webfonts on a desktop, laptop, workstation computer, mobile app, e-reader, or for any uses not expressly permitted herein is prohibited.
  4. Unique Visitors. A unique visitor is a distinct computer or mobile device connecting to Licensee’s website. The average monthly traffic of Licensee’s website, measured in unique visitors over the span of six consecutive months, must not exceed the amount shown on Licensee’s sales receipt. If the maximum number of allowed unique visitors is exceeded for three (3) consecutive months, the purchase of an additional license is required. Licensor reserves the right to inspect or monitor Licensee’s usage. The terms and price associated with this license are based upon the domain names and maximum unique visitors. If Licensee anticipate an increase in unique visitors, increase in the number of domains or an election to not renew this license Licensee should notify Licensor as early as possible. Licensee is not entitled to a refund, offset or other adjustment in the event of a reduction in the number of domains or reduction of the number of unique viewers, irrespective of the reasons.
  5. License Restrictions. In addition to other prohibited uses described in this Agreement, Licensee shall not be permitted to do any of the following:
    1. Copying. Copy the Font Software, except as expressly permitted by the License;
    2. Modifying or Creating Derivative Works. Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable or copyrightable, of the Font Software, including, without limitation, by (i) converting the Font Software into another font format or into vector outlines and/or rasterized bitmaps; (ii) translating the Font Software into other platforms (e.g., UNIX); (iii) creating additional characters, accents, symbols, or typeface weights (e.g. italics, extrabold, etc.) from the Font Software or any portion of it; (iv) altering the style of the Font Software to create an altered family (e.g. change the style to allow multiple weights such as bold, italic, bold, and bold italic to all be accessed through the regular font weight); (v) extending the language coverage of the Font Software; (vi) changing the name of the Font Software;
    3. Reverse Engineering. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Font Software or any part thereof;
    4. Removing Proprietary Rights Notices. Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Font Software, including any copy thereof;
    5. Transferring/Sublicensing. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Font Software, or any features or functionality of the Font Software, to any third party, including, without limitation, any advertising agency, client, printers, or parent, subsidiary, or affiliated company of Licensee, for any reason, including by making the Font Software available on a network where it is capable of being accessed by more than one device at any time;
    6. Disabling Security Features. Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Font Software.
  6. Third-Party Hosting Services; Web font File Protection; Back-Up Copies. The use of third party font hosting services such as TypeKit is strictly prohibited and the Font Software should be stored and served from the same devices and location as the other software and assets associated with the licensed domains. Licensee agrees to use reasonable measures to ensure the webfonts are available only for the process of styling text on Licensee’s website. Any process, technique or device such as hot-linking, re-serving or re-directing that allows access to and/or use of the Font Software by unlicensed parties is strictly prohibited. Licensee may make a reasonable number of copies of the webfonts for back-up purposes only. Copies must contain the same documentation, copyright, trademark, and other proprietary notices that appear on, in or with the webfonts.
  7. Updates. Licensor may from time to time in its sole discretion develop and provide updates to the Font Software, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. Licensor has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Licensee shall promptly download and install all Updates. All Updates will be deemed part of the Font Software and be subject to all terms and conditions of this Agreement.
  8. Disclaimer of Warranties. THE FONT SOFTWARE IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE FONT SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE FONT SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

    TO THE EXTENT APPLICABLE, LICENSEE HEREBY WAIVES THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
  9. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR HAVE ANY LIABILITY ARISING FROM OR RELATED TO LICENSEE’S USE OF OR INABILITY TO USE THE FONT SOFTWARE FOR (I) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES OR (II) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED ONE HUNDERD U.S. DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  10. Indemnification. Licensee shall indemnify, defend, and hold harmless Licensor and its parent, subsidiary, and affiliate companies and licensors and each of their respective officers, directors, members, managers, employees, contractors, licensors, agents, successors, and assigns from and against any and all losses, liabilities, damages, settlements, costs, penalties, or expenses (including attorneys’ fees and costs) (collectively, “Losses”) arising out of or in connection with any claim brought by a third party based on any breach, or allegation, which if true, would constitute a breach, by Licensee of (i) its representations, warranties, covenants, or obligations hereunder, (ii) applicable local, state, federal, or international law or regulation, or (iii) any party’s rights, including, but not limited to, any intellectual property rights. The indemnified parties shall promptly notify Licensee in writing of any such indemnified claim (provided, however, any delay in such notice shall not relieve Licensee of its obligations hereunder except to the extent such delay prejudices the defense of such claim) and give Licensee the opportunity to defend or settle such claim at Licensee’s sole cost and expense; provided, however, Licensee shall not settle any such claim without the applicable indemnified parties’ prior written consent, not to be unreasonably withheld, delayed, or conditioned; provided, further, the indemnified parties reserve the right to assume the exclusive defense and control of any such claim. In all cases, the indemnified parties will cooperate with Licensee, at Licensee’s sole cost and expense, in defending or settling such claim.
  11. Export Regulation. The Font Software may be subject to United States export control laws, including the Export Control Reform Act and its associated regulations. Licensee shall not, directly or indirectly, export, re-export, or release the Font Software to, or make the Font Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. Licensee shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Font Software available outside the United States.
  12. Governing Law and Jurisdiction; Disputes. This Agreement is governed by and construed in accordance with the internal law of the State of California without reference to its principles of conflicts of laws and any dispute or legal claim arising out of or relating to this Agreement or Licensee’s use of the Font Software shall be adjudicated exclusively in either the state or federal courts located in Los Angeles County, California, and Licensee hereby irrevocably waives all jurisdictional, venue, or inconvenient forum objections to such courts. Licensee agree that, regardless of any applicable law to the contrary, any legal claim or cause of action arising out of or relating to this Agreement or Licensee’s use of the Font Software must be filed with a court of competent jurisdiction within one (1) year after such legal claim or cause of action arose or else will be forever barred.
  13. Remedies. In the event of a breach by Licensee of the terms of the License, including, without limitation, the restrictions under the License, Licensor will suffer irreparable harm in for which monetary damages would not be a sufficient remedy, and, as such, if Licensee breaches or threatens to breach any of the obligations set forth therein, Licensor will have the right, without the requirement of posting a bond or other security, to equitable relief, including injunctive relief or specific performance or both, from a court of competent jurisdiction, in addition to all other remedies available to Licensor at law, in equity, or pursuant to this Agreement. All remedies, whether at law, in equity, or pursuant to this Agreement, will be cumulative.
  14. Assignments. Licensor may assign or otherwise transfer any or all of its rights and/or obligations under this Agreement to any party. Licensee may not assign or transfer Licensee’s rights or obligations under this Agreement to any party without the prior written consent of Licensee, which may be exercised in Licensee’s sole and absolute discretion. Any purported assignment or delegation in violation hereof shall be null and void and constitute a material breach hereof.
  15. Entire Agreement. This Agreement constitutes the entire agreement between Licensor and Licensee with respect to the subject matter hereof, and supersedes all prior and contemporaneous oral or written discussions, documents, agreements, and prior course of dealing between the parties with respect to such subject matter.
  16. Severability. If any term, provision, or condition, or any part thereof, of this Agreement shall for any reason be found or held invalid or unenforceable by any court of competent jurisdiction, such invalidity or unenforceability shall not affect the remainder of such term, provision or condition nor any other term, provision or condition, and this Agreement shall survive and be construed as if such invalid or unenforceable term, provision or condition had not been contained therein.
  17. Amendment; Waiver. This Agreement may be amended only with the written consent of the parties and the observance of any provision of this Agreement may be waived (either generally or in any particular instance, retroactively or prospectively) only with the written consent of the waiving party. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

App EULA

Effective as of 1/1/2021

This End User License Agreement (this “Agreement”) constitutes a legally binding agreement between you (the “Licensee”) and MCKL, Inc. (together with its successors and assigns, “MCKL”). This Agreement governs the license and use of the typeface font computer software program(s), together with any related documentation, updates, and permitted copies thereof, selected by Licensee and specified therein (the “Font Software”). 

LICENSEE’S ACCEPTANCE AND USE OF THE FONT SOFTWARE CONSTITUTES ITS AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

  1. License. Subject to the terms and conditions hereof, Licensor hereby grants to Licensee, a revocable, limited, non-exclusive, royalty-free, non-transferable, non-assignable, non-sublicensable right and license to install and use the Font Software solely by Licensee and its employees and contractors solely in connection with the Applications (as defined herein) (the “License”). The Font Software may only be accessed within the Application or the applicable device. Licensee may distribute Applications with the embedded Font Software to third parties. As used in this Agreement, “Applications” means any application that can be installed on mobile operating systems. Licensee is permitted to use the License solely in connection with the Applications set forth in the purchase order when Licensee purchases the Font Software. Licensee does not acquire any ownership interest in or to the Font Software under this Agreement or any other rights thereto other than to use the Font Software in accordance with the License granted and subject to all terms, conditions, and restrictions, set forth in this Agreement. Licensor reserves and shall retain its entire right, title, and interest in and to the Font Software, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted under the License. All rights not expressly granted are expressly retained by Licensor.

    The list of Applications may be amended or modified only with the express written permission of Licensor. The use of the Font Software for static, dynamic or editable text is permitted hereunder, however, any use of the Font Software in editable text for the purpose of end user created designs, such as in templates, adding text to photographs or the creation of products requires the purchase of a separate license. Licensee may make backup copies of the Font for archival purposes only, provided that Licensee retains exclusive custody and control over such copies.
  2. License Restrictions. In addition to other prohibited uses described in this Agreement, Licensee shall not be permitted to do any of the following:
    1. Copying. Copy the Font Software, except as expressly permitted by the License;
    2. Modifying or Creating Derivative Works. Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable or copyrightable, of the Font Software, including, without limitation, by (i) converting the Font Software into another font format or into vector outlines and/or rasterized bitmaps; (ii) translating the Font Software into other platforms (e.g., UNIX); (iii) creating additional characters, accents, symbols, or typeface weights (e.g. italics, extrabold, etc.) from the Font Software or any portion of it; (iv) altering the style of the Font Software to create an altered family (e.g. change the style to allow multiple weights such as bold, italic, bold, and bold italic to all be accessed through the regular font weight); (v) extending the language coverage of the Font Software; (vi) changing the name of the Font Software;
    3. Reverse Engineering. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Font Software or any part thereof;
    4. Removing Proprietary Rights Notices. Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Font Software, including any copy thereof;
    5. Transferring/Sublicensing. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Font Software, or any features or functionality of the Font Software, to any third party, including, without limitation, any advertising agency, client, printers, or parent, subsidiary, or affiliated company of Licensee, for any reason, including by making the Font Software available on a network where it is capable of being accessed by more than one device at any time;
    6. Disabling Security Features. Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Font Software.
  3. Updates. Licensor may from time to time in its sole discretion develop and provide updates to the Font Software, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. Licensor has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Licensee shall promptly download and install all Updates. All Updates will be deemed part of the Font Software and be subject to all terms and conditions of this Agreement.
  4. Disclaimer of Warranties. THE FONT SOFTWARE IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE FONT SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE FONT SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

    TO THE EXTENT APPLICABLE, LICENSEE HEREBY WAIVES THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
  5. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR HAVE ANY LIABILITY ARISING FROM OR RELATED TO LICENSEE’S USE OF OR INABILITY TO USE THE FONT SOFTWARE FOR (I) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES OR (II) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED ONE HUNDERD U.S. DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  6. Indemnification. Licensee shall indemnify, defend, and hold harmless Licensor and its parent, subsidiary, and affiliate companies and licensors and each of their respective officers, directors, members, managers, employees, contractors, licensors, agents, successors, and assigns from and against any and all losses, liabilities, damages, settlements, costs, penalties, or expenses (including attorneys’ fees and costs) (collectively, “Losses”) arising out of or in connection with any claim brought by a third party based on any breach, or allegation, which if true, would constitute a breach, by Licensee of (i) its representations, warranties, covenants, or obligations hereunder, (ii) applicable local, state, federal, or international law or regulation, or (iii) any party’s rights, including, but not limited to, any intellectual property rights. The indemnified parties shall promptly notify Licensee in writing of any such indemnified claim (provided, however, any delay in such notice shall not relieve Licensee of its obligations hereunder except to the extent such delay prejudices the defense of such claim) and give Licensee the opportunity to defend or settle such claim at Licensee’s sole cost and expense; provided, however, Licensee shall not settle any such claim without the applicable indemnified parties’ prior written consent, not to be unreasonably withheld, delayed, or conditioned; provided, further, the indemnified parties reserve the right to assume the exclusive defense and control of any such claim. In all cases, the indemnified parties will cooperate with Licensee, at Licensee’s sole cost and expense, in defending or settling such claim.
  7. Export Regulation. The Font Software may be subject to United States export control laws, including the Export Control Reform Act and its associated regulations. Licensee shall not, directly or indirectly, export, re-export, or release the Font Software to, or make the Font Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. Licensee shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Font Software available outside the United States.
  8. Governing Law and Jurisdiction; Disputes. This Agreement is governed by and construed in accordance with the internal law of the State of California without reference to its principles of conflicts of laws and any dispute or legal claim arising out of or relating to this Agreement or Licensee’s use of the Font Software shall be adjudicated exclusively in either the state or federal courts located in Los Angeles County, California, and Licensee hereby irrevocably waives all jurisdictional, venue, or inconvenient forum objections to such courts. Licensee agree that, regardless of any applicable law to the contrary, any legal claim or cause of action arising out of or relating to this Agreement or Licensee’s use of the Font Software must be filed with a court of competent jurisdiction within one (1) year after such legal claim or cause of action arose or else will be forever barred.
  9. Remedies. In the event of a breach by Licensee of the terms of the License, including, without limitation, the restrictions under the License, Licensor will suffer irreparable harm in for which monetary damages would not be a sufficient remedy, and, as such, if Licensee breaches or threatens to breach any of the obligations set forth therein, Licensor will have the right, without the requirement of posting a bond or other security, to equitable relief, including injunctive relief or specific performance or both, from a court of competent jurisdiction, in addition to all other remedies available to Licensor at law, in equity, or pursuant to this Agreement. All remedies, whether at law, in equity, or pursuant to this Agreement, will be cumulative.
  10. Assignments. Licensor may assign or otherwise transfer any or all of its rights and/or obligations under this Agreement to any party. Licensee may not assign or transfer Licensee’s rights or obligations under this Agreement to any party without the prior written consent of Licensee, which may be exercised in Licensee’s sole and absolute discretion. Any purported assignment or delegation in violation hereof shall be null and void and constitute a material breach hereof.
  11. Entire Agreement. This Agreement constitutes the entire agreement between Licensor and Licensee with respect to the subject matter hereof, and supersedes all prior and contemporaneous oral or written discussions, documents, agreements, and prior course of dealing between the parties with respect to such subject matter.
  12. Severability. If any term, provision, or condition, or any part thereof, of this Agreement shall for any reason be found or held invalid or unenforceable by any court of competent jurisdiction, such invalidity or unenforceability shall not affect the remainder of such term, provision or condition nor any other term, provision or condition, and this Agreement shall survive and be construed as if such invalid or unenforceable term, provision or condition had not been contained therein.
  13. Amendment; Waiver. This Agreement may be amended only with the written consent of the parties and the observance of any provision of this Agreement may be waived (either generally or in any particular instance, retroactively or prospectively) only with the written consent of the waiving party. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

 

Trial Fonts Summary

MCKL offers a free license to install and use our trial fonts. Our trial fonts have a limited character set and no special features. With this license, you can use the trial fonts for only non-commercial purposes (i.e., comps, presentations, and school projects etc.). 

You cannot distribute or resell the font software or make a logo out of the fonts under this trial font license. Those usages require a full license, which we will happily sell you according to the MCKL license tables above. If you need a license other than the kinds listed, please feel free to get in touch.

We accept no liability for any usage under the trial font license. By downloading and installing the trial fonts, you accept the terms of this agreement.

Please enjoy, but respect the fact that fonts are intellectual property and take a long time to make. When you’re ready to make a purchase, you can do so at https://www.mckltype.com.

If you wish to use and install our trial font license, your use of the trial font is subject to the terms and conditions below.

Trial Fonts EULA

Effective as of 1/1/2021

This End User License Agreement (this “Agreement”) constitutes a legally binding agreement between MCKL Inc. (together with its successors and assigns, “Licensor”) and the party identified on the license order confirmation email issued by Licensor (the “Licensee”) for the license and use of the typeface font computer software program(s), together with any related documentation, updates, and permitted copies thereof, selected by Licensee and specified therein (the “Font Software”).

LICENSEE’S ACCEPTANCE AND USE OF THE FONT SOFTWARE CONSTITUTES ITS AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

  1. License. Subject to the terms and conditions hereof, Licensor hereby grants to Licensee a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable right and license to install and use, on no more than one (1) computer (the “Licensed Seat”), the Font Software solely by Licensee and its employees and contractors in connection with Licensee’s customary internal business purposes and in no event for distribution or resale, either on a standalone basis or incorporated into any file or work (the “License”). For the avoidance of doubt, Licensee (or its employees or contractors uses the Font Software when an individual gives commands, whether by keyboard or otherwise, through any desktop application or program that contains a font menu (e.g., Microsoft Office suite or Adobe InDesign, Illustrator, or Photoshop, etc.). Licensee may not use the Font Software in any manner other than as expressly set forth herein. Licensee does not acquire any ownership interest in or to the Font Software under this Agreement or any other rights thereto other than to use the Font Software in accordance with the License granted and subject to all terms, conditions, and restrictions, set forth in this Agreement. Licensor reserves and shall retain its entire right, title, and interest in and to the Font Software, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted under the License. All rights not expressly granted are expressly retained by Licensor.
  2. License Period; Termination. Licensor may terminate this Agreement at any time, for any reason, upon written notice to Licensee and this Agreement will terminate immediately and automatically without any notice if Licensee violates any of the terms and conditions hereof. Upon the earlier expiration or termination of this Agreement, all rights granted to Licensee hereunder will terminate and Licensee must immediately cease all use of the Font Software and delete all copies of the Font Software from its systems.
  3. License Fee. The License shall be free to Licensee during the License Period.
  4. Limited Embedding Rights. Solely in connection with the uses permitted by the License, Licensee may embed the Font Software into electronic documents or data files which are not published, disseminated, or otherwise made available to the general public or any party outside of Licensee’s organization (each, an “External Electronic File”), regardless of any monetary payment or receipt of other consideration therefor. All other embedding of the Font Software is strictly prohibited.
  5. License Restrictions. In addition to other prohibited uses described in this Agreement, Licensee shall not be permitted to do any of the following:
    1. Copying. Copy the Font Software, except as expressly permitted by the License; Modifying or Creating Derivative Works. Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable or copyrightable, of the Font Software, including, without limitation, by (i) converting the Font Software into another font format or into vector outlines and/or rasterized bitmaps; (ii) translating the Font Software into other platforms (e.g., UNIX); (iii) creating additional characters, accents, symbols, or typeface weights (e.g. italics, extrabold, etc.) from the Font Software or any portion of it; (iv) altering the style of the Font Software to create an altered family (e.g. change the style to allow multiple weights such as bold, italic, bold, and bold italic to all be accessed through the regular font weight); (v) extending the language coverage of the Font Software; (vi) changing the name of the Font Software;
    2. Reverse Engineering. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Font Software or any part thereof;
    3. Removing Proprietary Rights Notices. Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Font Software, including any copy thereof;
    4. Transferring/Sublicensing. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Font Software, or any features or functionality of the Font Software, to any third party, including, without limitation, any advertising agency, client, printers, or parent, subsidiary, or affiliated company of Licensee, for any reason, including by making the Font Software available on a network where it is capable of being accessed by more than one device at any time;
    5. Disabling Security Features. Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Font Software;
    6. Using as Web Fonts. Use the Font Software as a web fonts, convert the Font Software into web font formats (e.g., Cufon, WOFF, WOFF2, EOT, SVG, TTF, etc.), or create and/or embed the Font Software into web pages; or
    7. Using in Certain Other Media. Use the Font Software to create and/or embed the Font Software (or vector and rasterized representations of the Font Software) into (i) video files (e.g., Flash, HTML5, .MOV, or .GIF formats); (ii) any form of digital publishing document files (e.g., in EPUB, PDF, TIFF, JPG, PNG, SVG, or similar formats); (iii) printed matter for commercial business use (e.g. books, magazines, etc.); (iv) commercial or non-commercial broadcasts, including, without limitation, movies, television, news, commercials, or other programming, whether in broadcast graphics, trailers, commercials, title cards, credits, or otherwise; (v) into External Electronic Files; (vi) desktop or mobile application software (e.g., in GIF, TIFF, JPG, PNG, SVG, or similar formats); (vii) hardware, including, without limitation, printers, appliances, kiosks, tablet computers, game consoles, set-top box, smart phones, or graphics for use in any LED or similar electronic display medium (e.g., electronic displays, sports scoreboards, news or message displays, video advertising, web pages, or any graphics management and distribution system); or (viii) a logo or design mark.
  6. Updates. Licensor may from time to time in its sole discretion develop and provide updates to the Font Software, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. Licensor has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Licensee shall promptly download and install all Updates. All Updates will be deemed part of the Font Software and be subject to all terms and conditions of this Agreement.
  7. Disclaimer of Warranties. THE FONT SOFTWARE IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE FONT SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE FONT SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

    TO THE EXTENT APPLICABLE, LICENSEE HEREBY WAIVES THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
  8. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR HAVE ANY LIABILITY ARISING FROM OR RELATED TO LICENSEE’S USE OF OR INABILITY TO USE THE FONT SOFTWARE FOR (I) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES OR (II) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED ONE HUNDERD U.S. DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  9. Indemnification. Licensee shall indemnify, defend, and hold harmless Licensor and its parent, subsidiary, and affiliate companies and licensors and each of their respective officers, directors, members, managers, employees, contractors, licensors, agents, successors, and assigns from and against any and all losses, liabilities, damages, settlements, costs, penalties, or expenses (including attorneys’ fees and costs) (collectively, “Losses”) arising out of or in connection with any claim brought by a third party based on any breach, or allegation, which if true, would constitute a breach, by Licensee of (i) its representations, warranties, covenants, or obligations hereunder, (ii) applicable local, state, federal, or international law or regulation, or (iii) any party’s rights, including, but not limited to, any intellectual property rights. The indemnified parties shall promptly notify Licensee in writing of any such indemnified claim (provided, however, any delay in such notice shall not relieve Licensee of its obligations hereunder except to the extent such delay prejudices the defense of such claim) and give Licensee the opportunity to defend or settle such claim at Licensee’s sole cost and expense; provided, however, Licensee shall not settle any such claim without the applicable indemnified parties’ prior written consent, not to be unreasonably withheld, delayed, or conditioned; provided, further, the indemnified parties reserve the right to assume the exclusive defense and control of any such claim. In all cases, the indemnified parties will cooperate with Licensee, at Licensee’s sole cost and expense, in defending or settling such claim.
  10. Export Regulation. The Font Software may be subject to United States export control laws, including the Export Control Reform Act and its associated regulations. Licensee shall not, directly or indirectly, export, re-export, or release the Font Software to, or make the Font Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. Licensee shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Font Software available outside the United States.
  11. Governing Law and Jurisdiction; Disputes. This Agreement is governed by and construed in accordance with the internal law of the State of California without reference to its principles of conflicts of laws and any dispute or legal claim arising out of or relating to this Agreement or Licensee’s use of the Font Software shall be adjudicated exclusively in either the state or federal courts located in Los Angeles County, California, and Licensee hereby irrevocably waives all jurisdictional, venue, or inconvenient forum objections to such courts. Licensee agree that, regardless of any applicable law to the contrary, any legal claim or cause of action arising out of or relating to this Agreement or Licensee’s use of the Font Software must be filed with a court of competent jurisdiction within one (1) year after such legal claim or cause of action arose or else will be forever barred.
  12. Remedies. In the event of a breach by Licensee of the terms of the License, including, without limitation, the restrictions under the License, Licensor will suffer irreparable harm in for which monetary damages would not be a sufficient remedy, and, as such, if Licensee breaches or threatens to breach any of the obligations set forth therein, Licensor will have the right, without the requirement of posting a bond or other security, to equitable relief, including injunctive relief or specific performance or both, from a court of competent jurisdiction, in addition to all other remedies available to Licensor at law, in equity, or pursuant to this Agreement. All remedies, whether at law, in equity, or pursuant to this Agreement, will be cumulative.
  13. Assignments. Licensor may assign or otherwise transfer any or all of its rights and/or obligations under this Agreement to any party. Licensee may not assign or transfer Licensee’s rights or obligations under this Agreement to any party without the prior written consent of Licensee, which may be exercised in Licensee’s sole and absolute discretion. Any purported assignment or delegation in violation hereof shall be null and void and constitute a material breach hereof.
  14. Entire Agreement. This Agreement constitutes the entire agreement between Licensor and Licensee with respect to the subject matter hereof, and supersedes all prior and contemporaneous oral or written discussions, documents, agreements, and prior course of dealing between the parties with respect to such subject matter.
  15. Severability. If any term, provision, or condition, or any part thereof, of this Agreement shall for any reason be found or held invalid or unenforceable by any court of competent jurisdiction, such invalidity or unenforceability shall not affect the remainder of such term, provision or condition nor any other term, provision or condition, and this Agreement shall survive and be construed as if such invalid or unenforceable term, provision or condition had not been contained therein.
  16. Amendment; Waiver. This Agreement may be amended only with the written consent of the parties and the observance of any provision of this Agreement may be waived (either generally or in any particular instance, retroactively or prospectively) only with the written consent of the waiving party. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.