Monotype Imaging Inc.
FREEWARE LICENSE AGREEMENT
This End-User License Agreement ("EULA") is a legal agreement between you and Monotype Imaging Inc. (“LICENSOR”), and it specifies the terms and conditions governing your use of the Fonts.com Web Fonts Extension for Adobe Photoshop and any associated media including documentation (“SOFTWARE”). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, or use the SOFTWARE. If you do not follow the terms of this EULA, your license to use the SOFTWARE is immediately and automatically terminated without any notice or other action by LICENSOR.
TERMS AND CONDITIONS
1. You are hereby granted a personal, non-transferable, non-exclusive, and fee-free license to use and redistribute the SOFTWARE in binary form subject to your compliance with all of the terms and conditions of this EULA.
2. You acknowledge and agree that the LICENSOR retains all copyrights and other proprietary rights in and to the SOFTWARE. You may not modify, enhance, reverse engineer or otherwise prepare derivative works of the SOFTWARE.
3. In case of a redistribution you warrant that the redistributed copy retains and is distributed with the original copyright and this EULA. All advertising materials mentioning features or use of the SOFTWARE must display the following acknowledgement: “This product includes software developed by Monotype Imaging Inc. and/or its affiliated companies.” Otherwise, neither the name of Monotype Imaging Inc. nor the names of its affiliated companies may be used to endorse or promote products derived from the SOFTWARE without specific prior written permission.
4. LICENSOR HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. LICENSOR IS NOT LIABLE OR RESPONSIBLE FOR ANY DAMAGES, INJURIES, OR LIABILITIES CAUSED DIRECTLY OR INDIRECTLY BY THE USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, EVEN IF LICENSOR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
5. The terms of this EULA shall be interpreted under the laws of the Commonwealth of Massachusetts, without regard to its provisions on the conflict of laws. You agree that all controversies pertaining to the SOFTWARE and/or this EULA are subject to the exclusive jurisdiction of the state and federal courts of Massachusetts, and you hereby consent to jurisdiction and venue in such courts.
6. Any failure by LICENSOR to enforce its rights hereunder or its copyright in the SOFTWARE shall not be construed as amending this EULA or waiving any of LICENSOR’S rights hereunder or under any provision at law.