Monotype Imaging Inc. Monotype Library Subscription APPLICATION BETA PROGRAM AGREEMENT
This Monotype Library Subscription Application Beta Program Agreement (the “Agreement”) becomes a binding contract between you and Monotype when you click on the area marked “ACCEPT LICENSE AGREEMENT” or similar language. If you do not wish to be bound by the Agreement, you cannot access or Use the Monotype Library Subscription Application. Please read this entire Agreement before you agree to be bound by its terms and conditions. The Agreement contains capitalized terms that are defined in Section 12.
Upon termination of the Beta Program, you must delete the Beta Executable and all Font Software accessed and installed through the use of the Beta Executable from your Workstation and certify to Monotype that such deletion has occurred. The Agreement shall automatically terminate upon failure by you to comply with its terms. Access to and use of the Beta Executable shall be free of charge during the Beta Program.
You hereby agree to the following:
- You are bound by the Agreement and you acknowledge that all Use of and access to the Beta Executable supplied to you by Monotype and the Font Software accessed and installed via the use of the Beta Executable is governed by the Agreement.
- You are hereby granted, for the Term, a non-exclusive, non-assignable, non-transferable license to (a) access the Beta Executable and install the Beta Executable on one (2) Workstations, (b) access the Font Software made available to you through the Beta Executable; and (c) if you are currently a Monotype Library Subscription subscriber, Use the Font Software for your Personal or Internal Business use only, or if you are not currently a Monotype Library Subscription subscriber, Use the Font Software solely for the purposes of evaluating the Beta Executable and performing your obligations hereunder. If you are a current Monotype Library Subscription subscriber, you may embed the Font Software only into an electronic document that (i) is not a Commercial Product, and (ii) is distributed in a secure format that does not permit the extraction of the embedded Font Software. You may not install, Use or access, the Beta Executable or Font Software in any manner not expressly provided for in this Section 2. The rights set forth in this Section 2 are granted only subject to all of the terms and conditions of the Agreement.
- Your Use of the Beta Executable and Font Software is conditioned on you providing feedback to Monotype regarding your use of, and experience with, and impressions of the Beta Executable, its functionality, purpose and overall usability. All feedback, comments, ideas, inventions or other information provided by you to Monotype during your participation in the Beta Program shall be deemed the sole and exclusive property of Monotype and you hereby assign to Monotype any and all right you may have in such feedback or other information, including any copyright, patent, secret rights, and/or other intellectual property right. You further consent to Monotype’s public use of your name together with any verbal or written comments made in connection with the Beta Program. If you do not wish to provide feedback to Monotype, you may not participate in the Beta Program. You understand and acknowledge that your non-disclosure obligations under this Agreement shall be perpetual and shall survive the termination of this agreement.
- You agree that Monotype owns all right, title and interest in and to the Beta Executable and Font Software, their structure, organization, code, and related files, including all property rights therein such as copyright, design and trademarks rights. You agree that the Beta Executable and Font Software, their structure, organization, code, and related files are valuable property of Monotype and that any intentional Use of or access to the Beta Executable or Font Software not expressly permitted by the Agreement constitutes a theft of valuable property. All rights not expressly granted in the Agreement are expressly reserved to Monotype.
- You acknowledge that the Beta Executable and Font Software are protected by the copyright and other intellectual property law of the United States and its various States, by the copyright and design laws of other nations, and by international treaties. You agree to treat the Beta Executable and Font Software as you would any other copyrighted material, such as a book. You may not copy the Beta Executable or Font Software, except as expressly provided herein and you agree not to copy the design embodied within the source code or object code of the Beta Executable or Font Software. Any copies that you are expressly permitted to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Beta Executable or Font Software.
- You agree not to adapt, modify, alter, translate, convert, or otherwise change the Beta Executable or Font Software, or create Derivative Works from the Beta Executable or Font Software or any portion thereof. You further agree not to use the Beta Executable or Font Software in connection with software and/or hardware which creates Derivative Works of such Beta Executable or Font Software. You may not alter the Beta Executable or Font Software for the purpose of adding any functionality which the Beta Executable or Font Software did not have when you first accessed the Beta Executable or Font Software. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Beta Executable or Font Software. You may not change any trademark or trade name designation for the Beta Executable or Font Software.
- You may not rent, lease, sublicense, give, lend, or further distribute the Beta Executable or Font Software, or any copy thereof, except as expressly provided herein. Your rights under this Agreement may not be transferred to a third party.
- MONOTYPE DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE BETA EXECUTABLE OR FONT SOFTWARE. MONOTYPE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL MONOTYPE BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- This Agreement shall be deemed to be a contract made under the laws of the Commonwealth of Massachusetts, and for all purposes shall be interpreted and construed in its entirety in accordance with the laws of said Commonwealth (without regard to applicable conflict of laws provisions). The United States District Court for the District of Massachusetts or, if federal subject matter jurisdiction is lacking, the Superior Court of the Commonwealth of Massachusetts in Middlesex County, shall be the exclusive forum for any disputes arising out of or related to this Agreement. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
- Monotype may terminate the Beta Program and/or your access to the Beta Executable and Font Software at any time, in its sole discretion. If Monotype chooses to terminate the Beta Program and your access to the Beta Executable and Font Software, Monotype shall notify you of such termination via email which shall be sent to the email address you have provided Monotype in your Account. Upon termination of the Beta Program, you agree to immediately cease use of the Beta Application and uninstall such Beta Application from your Workstation or update the Beta Application to the latest version, as advised by Monotype in its notice of termination of the Beta Program. The termination of the Agreement shall not preclude Monotype from suing you for damages of any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Monotype. You agree that the Beta Executable and Font Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration or any applicable export laws, restrictions or regulations.
- You have the rights expressly set forth in the Agreement and no other. All rights not granted herein are expressly reserved to Monotype. All rights in and to the Beta Executable and Font Software, including unpublished rights, are reserved under the copyright laws of the United States and other jurisdictions. Notwithstanding the foregoing, to the extent that any law, statute, treaty, or governmental regulation shall be deemed by a court of competent jurisdiction to provide you with any additional or different rights from those provided herein and such rights shall be deemed non-waiveable as a matter of law and to supersede the rights specifically provided herein, then such law, statute, treaty, or governmental regulation shall be deemed to be made a part of the Agreement. To the extent that any such rights created by any law, statute, treaty or governmental regulation are waiveable, you agree that your acceptance of the Agreement shall constitute an effective and irrevocable waiver of such rights.
“Account” means your subscription account at either fonts.com or myfonts.com. “Commercial Product” means an electronic document or data file created by Use of the Font Software which is offered for distribution to the general public (or to some subset of the general public) as a commercial product or other result of your business activity. By way of illustration and not by way of limitation, an electronic book or magazine distributed for a fee shall be considered a Commercial Product; a document distributed in connection with a commercial transaction in which the consideration is unrelated to such document (for example, a business letter, a ticket for an event, or a receipt for purchase of tangible goods such as clothing) shall not be considered a Commercial Product.
“Derivative Work” means binary data based upon or derived from the Font Software (or any portion of Font Software) or Beta Executable (or any portion of the Beta Executable) in any form in which such binary data may be recast, transformed, or adapted including, but not limited to, binary data in any format into which Font Software or Beta Executable may be converted.
“Font Software” means software or instructions which, when Used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Font Software shall include all bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. Font Software includes upgrades or updates (each of which may be provided to you by Monotype in its sole discretion), related files, permitted modifications, permitted copies, and related documentation.
“Personal or Internal Business Use” means Use of the Font Software for your customary personal or internal business purposes and shall not mean any distribution whatsoever of the Font Software or any component or Derivative Work thereof.
“Term” means the period of time beginning on the date you access the Beta Executable through October 17, 2017, unless earlier terminated by Monotype, in its sole discretion.
“Use” of the Font Software and/or Beta Executable shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software or Beta Executable, regardless of the location in which the Font Software or Beta Executable resides.
“Use” of the Font Software and/or Beta Executable shall also occur when the software or instructions are executed.
“Workstation” means a hardware component in which an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software or Beta Executable or implement the Font Software or Beta Executable, regardless of the location in which the Font Software or Beta Executable resides.
BETA LICENSE VERSION 1.0
LAST UPDATED JULY 31, 2017