FLIPFONT APPLICATION END USER LICENSE AGREEMENT
This FlipFont Application End User License Agreement (the “Agreement”) becomes a binding contract between you and Monotype Imaging Inc. (“Monotype”) when you click on the area marked “ACCEPT LICENSE AGREEMENT,” or similar language, or when you install the Application on your Device. If you do not wish to be bound by the Agreement, you cannot access, Use or download the Application. Please read this entire Agreement before agreeing to be bound. The Agreement contains capitalized terms that are defined in Section 12 of the Agreement.
1. Binding Agreement. You are bound by the Agreement and you acknowledge that all Use of the Application is governed by the Agreement.
2. License Grant; User-Generated Content; Indemnification of Monotype.
A. The Application is licensed, not sold, to you for Use only under the terms of this Agreement. Monotype, as the licensor, reserves all rights not expressly granted to you. You are hereby granted a non-exclusive, non-assignable, non-transferable license to (i) install and access the Application on any Device that you own or control and as permitted by the Google Play Store or Samsung Store usage rules; (ii) Use the Application to browse and trial font software on your Device for display as text on your Device; and (iii) access FlipFonts for licensing and installation on your Device through the Samsung Store or Google Play Store.
B. You are solely responsible for your Use of the Application on your Device.
C. You agree to indemnify, defend and hold Monotype Imaging, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your Use of the Application, (c) any breach of this Agreement by you, and/or (d) your violation of any law or of any rights of any third party.
4. Network Charges and Fees. You acknowledge that data charges may be incurred through your use of the Application and you agree that you are responsible for any and all such charges that may be charged to you and that Monotype shall have no liability to you whatsoever in respect of such charges.
5. Intellectual and Industrial Property Rights. You agree that the Application is protected by the copyright law and other intellectual and industrial property rights of the United States and its various States, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties. You agree to treat the Application as you would any other copyrighted material. You may not copy the Application, except for back up purposes. You agree not to adapt, modify, alter, translate, convert, or otherwise change the Application, or to create derivative works from the Application or any portion thereof. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or instructions of the Application, provided, however, that if you are located in a European Community member country or any other country which provides rights materially similar to the rights set forth in this provision, you may reverse engineer or decompile the Application only to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purpose and only to the extent that sufficient information is not provided in a timely manner free of charge by Monotype upon written request). You agree that Monotype owns all right, title and interest in and to the Application, its structure, organization, code, and related files, including all intellectual and industrial property rights therein such as copyright, design and trademarks rights. You agree that the Application, its structure, organization, code, and related files are valuable property of Monotype and that any intentional or negligent Use of the Application not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights. You agree to use trademarks associated with the Application according to accepted trademark practice, including identification of the trademark owner’s name. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit of Monotype. You may not change any trademark or trade name designation for the Application.
6. No Warranty; Limitation of Liability. UNLESS SPECIFICALLY SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND MONOTYPE IMAGING OR AS REQUIRED BY LAW, THE APPLICATION IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL MONOTYPE IMAGING 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 IMAGING 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 IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so that such limitations may not apply to you. In those jurisdictions, you agree that Monotype Imaging’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. The Application is non-returnable and nonrefundable.
7. Termination. Upon failure by you to comply with the terms of this Agreement, Monotype shall be entitled to terminate this Agreement upon notice by regular mail, telefax or email. 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.
8. Partial Nullity. In the event that any provision of this Agreement is unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or court decisions.
9. Export. You agree that the software licensed to you by Monotype 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.
10. Governing Law and Jurisdiction. This Agreement entered into between you and Monotype is governed by the laws of the Commonwealth of Massachusetts applicable to contracts wholly entered and performable within such 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 such agreement. Both you and Monotype Imaging agree to the personal jurisdiction and venue of these courts in any action related to such agreement. You agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.
|“Application”||means a specialized software program designed to be downloaded and run on a Device which allows you to access and trial FlipFonts for use on your Device.|
|“Device”||means a Samsung mobile hardware device such as a tablet or mobile phone.|
|“FlipFont(s)”||means font software that you can access and license for use on your Device.|
|“Monotype”||means collectively Monotype Imaging Inc., its successors and assigns, its parent and affiliated corporations (including Monotype GmbH and Monotype ITC), its authorized distributors, and any third party that has licensed to Monotype Imaging any or all of the components of the Application supplied to you pursuant to the Agreement.|
|“Use”||of the Application shall occur when an individual is able to give commands (whether through a Device or otherwise) that are followed by the Application.|