MING ROMANTICTM WEBFONT EULA
IMPORTANT PLEASE READ CAREFULLY.
This End User License Agreement (hereinafter, “EULA,” “License,” “Agreement” or “License Agreement”) is a legal agreement between you and Synoptic Office Limited Company LLC (hereinafter “Synoptic”), for the product, designs and software that accompany this Agreement, and is also applicable to any media, printed materials, electronic documentation, updates, add-ons, Web services and any other material that may be associated with the product now or in the future. By downloading the Font Software and/or installing, copying, accessing or otherwise using the Font Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not purchase this License, download, install, or use the Font Software.
1. Definitions. “Font Software” is digital software that generates typeface and/or illustration designs when used with computers and other software (hereinafter “Font Software” or “Font[s]”). “Licensed Entity” is the individual, company, or legal entity purchasing this License (hereinafter “Licensed Entity” or “you”). “Licensed User” is one (1) human being using one (1) personal computer owned by the Licensed Entity (hereinafter “Licensed User” or “User[s]”).
2. Grant of license. Upon payment in full, Synoptic grants you a non-exclusive, terminable License to use the Font Software and any designs embodied therein together with any accompanying documentation, each in accordance with the terms and conditions of this Agreement.
a. Webfont license. This non-exclusive, revocable license grants you limited rights to use the Font Software to style HTML and SVG documents using the CSS @font-face mechanism. Other embedding or linking uses or techniques, such as PDF, EPUB, iOS and/or Android native applications and/or in Cufón or sIFR, are not permitted.
b. Domains. The Font Software is licensed for a maximum number of domains, and a defined number of unique monthly visitors in total. If the maximum number of allowed unique visitors is exceeded for three (3) consecutive months, the purchase of an additional license is required. Synoptic reserves the right to inspect or monitor your usage. If you anticipate an increase in unique visitors, increase in the number of domains or an election to not renew this License you should notify Synoptic as early as possible. You are 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.
c. Additional Characters/Glyphs. Some of Synoptic’s Font Software may be subject to expansions by the addition of new and/or extra letters, characters, symbols or other glyphs (“new glyphs”). In the event you are granted a license to use or you otherwise purchase a license to use any new glyphs, you expressly agree that the terms and conditions of this EULA shall govern your receipt and use of the new glyphs.
If at any time your use of the Font Software exceeds that permitted in the applicable License, you agree to immediately notify Synoptic and purchase the appropriate license, which may or may not be granted at the discretion of Synoptic.
3. One back-up. You are permitted to make one (1) back-up copy of the Font Software for archival purposes only. Unauthorized copying, creating derivative works, sharing, lending, renting, sale, or other unauthorized use or misuse of the original Font Software and/or the back-up copy is a material breach of this Agreement and will result in termination of this License.
4. Agencies. If you are 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 your client will need and/or use copies of the Font Software, your client must also purchase a license suitable for their uses. The License granted herein does not extend to uses by temporary employees, freelancers or independent contractors using the Font Software in professional environments or for other professional uses that are more than the number of Licensed Users. Specifically, you may not make copies greater than those authorized under this License for temporary use by freelancers, temporary employees or independent contractors.
5. No modification or customization. You are not permitted to alter the Font Software in any manner whatsoever. You are not authorized to make, or hire others to make, custom or derivative versions of the Font Software. You are not permitted, by way of example not limitation, to decompile, reverse engineer, disassemble, modify, alter or change the software or any associated embedding bits. You hereby acknowledge that the unauthorized modification or customization of the Font Software shall be an infringement of Synoptic’s rights, causing significant monetary harm. If you are interested in utilizing a customized Font, contact Synoptic for more information.
6. Exclusive ownership. Synoptic, its licensors and their successors and assigns each retain all right and title to their respective software, trademarks, copyrights and the designs embodied in the Font Software. You hereby agree that this term is contractual in nature and that the unauthorized use of the design of the Font and/or the Font Software shall be an infringement of Synoptic’s rights, causing significant monetary harm. You further agree that such damages cannot be readily estimated and that Synoptic shall be entitled, without the obligation of a bond, to seek a restraining order or injunctive relief to prevent any unauthorized uses in addition to other remedies.
9. Internet & webfont use. You are permitted to use the Fonts to make GIF, JPEG, and PNG pixel-based images for use on the Internet as part of a website design provided that the image creation is not automated, the images are made personally by a Licensed User and not generated by a server. Converting the Font Software to another Font format(s) is expressly prohibited. You are not permitted to use the Fonts with Adobe® Flash® and other such software. You shall make a reasonable attempt to prevent the use of any process that allows hot-linking, re-serving or re-directing access to and/or use of the Font Software by unlicensed parties. You agree to exercise commercially reasonable efforts to ensure that the Font Software is retained with the other assets associated with the licensed domains. For the purposes of clarity, the use of third party font hosting services 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.
10. Restrictions. Use of the Font Software in any of the following circumstances and/or applications is NOT permitted without first obtaining the appropriate special licensing from Synoptic, which may or may not be granted at the discretion of Synoptic:
a. USE AND/OR INSTALLATION ON DESKTOP OR PERSONAL COMPUTER OR ON A SERVER FOR USE AND ACCESS BY A DESKTOP OR PERSONAL COMPUTING DEVICE. (DESKTOP LICENSING IS AVAILABLE SEPARATELY. CONTACT SYNOPTIC FOR DETAILS.)
b. EMBEDDING IN ELECTRONIC DEVICES; ELECTRONIC BOOKS, ALL GAMING USES AND/OR DEVICES.
c. EMBEDDING IN SOFTWARE.
d. USE IN THE CREATION OF CUSTOMIZABLE DESIGNS OR PRODUCTS.
e. USE IN FILM, USE WITH ADOBE FLASH SOFTWARE, TELEVISION OR BROADCAST VIA CABLE TELEVISION OR ON THE INTERNET.
If you wish to use the Font Software in a manner that is restricted under this License, contact Synoptic for information about special licensing.
11. Trademarks. In the event you identify the Fonts used on your products or work product, you hereby agree to identify the Font Software by name (trademark) and the owner of the trademark in such credits. All use of the trademark associated with the Font Software inures solely to the benefit of the trademark owner. No ownership right is granted herein. Synoptic reserves all rights not expressly granted herein.
12. Transfer of license. You are NOT permitted to transfer, redirect, or otherwise use the Software for the benefit of unlicensed third parties. If you anticipate using the Font Software for the creation of a third party website you or the third party must purchase appropriate licenses and ensure that your client or end user is properly licensed for use of the Font Software.
13. Warranties. Synoptic will, at its sole discretion, either replace the Font Software or refund the Licensing fee in the event the Font Software does not perform substantially in accordance with the Documentation provided that any such claim is submitted within thirty (30) days of purchase of this License. To submit a claim, you must return the Font Software to Synoptic or place of purchase together with a copy of your sales receipt. You expressly acknowledge and agree that use of the Font Software is at your sole risk. The Font Software and related documentation are provided “AS IS” and, except as noted herein, is without warranty of any kind and Synoptic and its affiliated companies (together, “Synoptic”) hereby EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SYNOPTIC DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE FAIL-SAFE OPERATION MAY BE REQUIRED. THE FONT SOFTWARE MAY NOT BE USED IN MANUFACTURING, NAVIGATION, CONTROL EQUIPMENT OR IN ANY OTHER CIRCUMSTANCES WHERE THE USE OR FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. UNDER NO CIRCUMSTANCES SHALL SYNOPTIC BE LIABLE TO YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. Synoptic’s liability to you shall in no event exceed the refunding of the cost of the Licensing fee or replacement of the Font Software, either at Synoptic’s sole discretion.
14. Other law. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or implied warranties. ANY IMPLIED WARRANTY OR CONDITION CREATED BY LAW IS ONLY EFFECTIVE FOR THE THIRTY-DAY (30-DAY) WARRANTY PERIOD. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE THIRTY-DAY (30-DAY) WARRANTY PERIOD. The exclusions noted above may not apply to you. Otherwise, and to the extent permissible by law, you agree that all implied warranties are not effective for more than thirty (30) days.
15. Termination. This License Agreement is effective as of the date of full payment for the License. This License Agreement may be terminated by you at any time by destroying the Font Software together with any printed material and any copies of the Font Software. This License Agreement may be terminated without notice if you breach and/or fail to comply with any term contained herein.
16. Governing law. You expressly agree that this Agreement shall be governed, enforced and construed in accordance with the laws of the State of Texas a as they apply to contracts entered into and wholly performed therein, without regard to Texas’ conflict of law provisions or the conflict of law provisions of any other jurisdiction and you expressly agree that the state and federal courts most convenient to Synoptic for the enforcement of its rights under law and this Agreement shall have exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement and you hereby waive any defenses arising out of the choice of law or forum selected for the resolution of any disputes and expressly consent to service of process by Certified Mail, return receipt requested. You agree that any breach of this License shall cause irreparable harm to Synoptic and by reason thereof, Synoptic shall be entitled to and may seek all remedies under law and equity including but not limited to, temporary restraining orders and injunctive relief without the obligation of a bond.
17. Compliance with law and export restrictions. With respect to the software licensed to you under this Agreement, you agree be responsible for your compliance with all laws, foreign and domestic, including but not limited to all United States laws and regulations relating to the control of exports or the transfer of technology.
18. Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced with a provision that most closely effects the intent of the invalid provision.
19. Entire agreement. This Agreement constitutes the entire understanding between the parties and supersedes all previous agreements, promises, representations and negotiations between the parties.
20. Headings. The captions and numberings of the various sections of this License Agreement are for convenience only and shall not control or affect the meaning or construction of any of the terms or provisions of this Agreement.