Commercial License (EULA) | Types of Graffiti ® Foundry

END USER LICENSE AGREEMENT FOR COPYRIGHTED FONT SOFTWARE

PREAMBLE

This End User License Agreement for Copyrighted Font Software (“License Agreement”) is entered into by and between YOU (the “User” or “You”), and TYPE OF GRAFFITI, LLC (the "Company" or “Types of Graffiti”). You and Company are sometimes referred to individually as "Party" and collectively as "Parties."

RECITALS

WHEREAS, Company is the copyright holder and owner of all proprietary interest the font, which consist of, but not limited to: (a) typographic letters, ornamental designs, glyphs, typefaces, drawings, layout, files and images (collectively, the “Artworks”); and (b) source codes, computer codes, information, instructions, data, structure, organization, legends, and markings (collectively, the “Programs”), and all of which, when taken together (collectively, referred to herein as the “Font Software”);

AND WHEREAS, User wishes to obtain, and Company has agreed to grant, Permission to Use (“License”) Company’s Font Software; in the preparation of one or more products, by You, under the terms set forth in this License Agreement;

NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable considerations set forth herein, the Parties hereto, intending to be legally bound, agree as follows:

LICENSE AGREEMENT

1. FONT SOFTWARE LICENSE.

1.1 Grant of Commercial License.. Subject to the terms of this License Agreement, Company hereby grants to You, a commercial, nonexclusive, nonrefundable, perpetual, worldwide, limited, royalty-free, terminable, non-sublicensable, non-assignable and nontransferable License to download, install and use the Font Software, on an unlimited number of devices that You own or control, You may make one (1) single backup copy of the Font Software for archival or restoration purposes only. The backup copy must include all copyright, trademark or other proprietary notices contained in the original, and shall be accompanied by a copy of this License Agreement, including all other documentation. This License does not transfer any title or ownership rights in and to the Font Software and should not be construed as a sale of any such rights in the product.

1.2 Permitted Use. Under this valid Commercial License, You are permitted to use the Font Software across a wide range of platforms and networks, such as, but not limited to:

(a) advertising. You may use the Font Software for marketing, promotional or any other campaign materials (e.g. online banners, printed banners, digital ads, digital screens, printed ads, book covers, cd covers, movie covers, posters, placements, flyers, outdoor billboards, social media post, etc.);

(b) apps. You may incorporate the Font Software into an iOS, Android or Windows Phone Application, but in a manner that does not allow unlicensed users access in and to the Font Software;

(c) broadcast. You may use the Font Software within all broadcasting or streaming networks (e.g. youtube, videos, on demand, dvd, commercials, documentaries, motion pictures, tv shows, series, featured films, clips, shorts, animations, etc.);

(d) branding. You may use the Font Software for brand building development (e.g. company logos, corporate documents, annual reports, presentations, business cards, etc.);

(e) desktop. You may install the Font Software on any computer You own and control, in order to design images, logos, mockups and documents, by using photoshop, indesign, sketch, illustrator or other graphic designing software;

(f) print. You may use the Font Software for any printing purposes (e.g. newspapers, pamphlets, books, magazines, logos, vinyl, car wraps, clothing, headwear, packaging, signs, etc.);

(g) e-media. You may use Font Software on all electronic materials (e.g. e-books, e-pub, e-cards, e-documents, e-newsletters, e-mails, e-mail marketing, e-magazines, and other electronic media.);

(h) server. You are allowed to install and use the Font Software on one (1) single file server for your business or home network, but only employees in the company can access them. This makes it easier for team members to collaborate on a project;

(i) videogames. You may use Font Software for one (1) single video game title by embedding the Font Software directly into the game code (across all operating systems and gaming consoles); and

(j) web design. You are allowed to style text on your website using Font Software with the @font-face selector in CSS, and this applies to all domains you own, no matter how many visitors you have. However, Font Software is not allowed to be embedded directly on any website that provides unlicensed users access in and to the Font Software.

1.3.Prohibited Use. You may not, and You agree not to, or You will not enable others to:

(a) copy (except as expressly permitted by Section 1.1 above), alter, amend, modify, adapt, imitate, emulate, translate, reformat, reproduce, trace, redraw, recreate, or create any derivative works of, the Font Software;

(b) feed, supply, load, upload, or otherwise provide the Font Software, in whole or in part, to any generative artificial intelligence (AI), large language models (LLMs), or other similar machine learning tools, that can generate derivative works of, the Font Software;

(c) rent, lease, license, sublicense, subcontract, charge, or otherwise resell the Font Software, in whole or in part, in any format in which it can be expressed, or in any media on which it can be recorded;

(d) transmit, distribute, redistribute, publish, republish, lend, loan, provide, assign, delegate, gift, or otherwise transfer the Font Software, in whole or in part, to any unlicensed third-parties;

(e) copy, fabricate, generate, construct, produce, manufacture or otherwise create alphabet or letter products, of any kind, where the Artworks (contained within the Font Software) itself is the primary design element of the product;

(f) port, reverse compile, reverse assemble, reverse engineer, decompile, decode, disassemble, or otherwise extract and/or manipulate data to discover the source code in and to the Font Software;

(g) embed, fix, insert, mount, incorporate, place, load, upload, plant, implant, distribute, transfer, or otherwise install the Font Software, in whole or in part, on any unauthorized hardware or software, which provides unlicensed users access in and to the Font Software; and

(h) alter any names, logos, trademarks, copyrights, proprietary notices, or otherwise conceal or misrepresent the authors and/or owners of Font Software.

1.4. License Fee. In consideration of the License granted by Company, You shall pay to Company, a one-time License fee, as detailed on the Purchase Receipt. You shall not owe to Company any future fees or payments for the usage of the Font Software within the terms of this License Agreement.

2. PROPERTY RIGHTS.

2.1. Ownership. You acknowledge that Font Software is solely and exclusively owned, licensed, and controlled, by Types of Graffiti, and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary right laws. Any unauthorized use is strictly prohibited. Company reserves all rights not expressly granted to You.

2.2. No Sale. The Font Software is licensed, not sold, to You. Nothing in this License Agreement grants to You, any title or ownership in and to the Font Software itself, other than permission to use it in accordance with this License Agreement.

3. TERMINATION AND SURVIVAL.

Parties acknowledge and agree that this License is effective on the date of payment and will remain in force and effect afterwards. Company reserves the rights to terminate the license for any material breach by You. The permissions granted to You under this License will terminate automatically or otherwise cease to be effective without notice from Company if:

(a) You breach any terms of the License Agreement;

(b) You cause harm or loss to Company, whether by tort or negligence;

(d) You misrepresent the company size.

In the event, License is terminated, You shall cease all use of the Font Software and destroy all copies from all media. You can terminate this License Agreement whenever you want by stopping use of the Font Software and destroying all copies. All provisions shall survive any such termination, except for the License and Permissions granted to You in Section 1.1 (Grant of Commercial License) and Section 1.2 (Permitted Use)

4. GENERAL.

4.1. Representations. Company represents that it is the sole, exclusive and lawful owner of all rights, title, and interest in and to Font Software, and is fully authorized to execute the License. No other person or entity is required to consent to this License Agreement for it to be valid and complete. Company hereby agrees, always, to defend, indemnify and hold You harmless against all third-party ownership claims from the License granted herein.

4.2. Limited Liability. Under no circumstances shall Company’s liability exceed the cost of the License You purchased. You agree to indemnify and hold Company harmless from and against any claims or damage which may result from the misuse of the Font Software or breach of this License Agreement.

4.3. Assignment. Parties agree, You may not assign, transfer or delegate any permissions or obligations under this License, in whole or in part, at any time. Company may freely assign, transfer, or delegate all rights and obligations under this License, in whole or in part, without giving notice to You.

4.4. No Waiver. If You violate the terms of the License Agreement, and Company doesn’t act right away, that doesn’t mean Company is giving up any rights that it may have, such as taking action in the future.

4.5. Governing Laws and Severability. Parties agree, all matters relating to the License Agreement will be governed by U.S. laws and brought exclusively in the federal or state courts of Miami, Florida, U.S, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenient in any such action. If any part of the License Agreement is determined to be invalid or unenforceable pursuant to applicable law or court order, then the invalid or unenforceable provision may be modified by a valid, enforceable provision that most clearly matches the intent of the original provision, and the remainder of the License Agreement shall continue in force and effect. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from the License Agreement, if applicable.

4.6. Headings. The headings of the sections and subsections herein are for convenience of reference only, and do not affect the License Agreement's construction or interpretation.

4.7. Entire License Agreement. This License Agreement, when read together with the Purchase Receipt, Terms of Use, and Privacy Policy, shall constitute the entire License Agreement between You and Company, and shall not be modified except in writing and signed by all Parties.

PLEASE SAVE THIS LICENSE AGREEMENT FOR FUTURE REFERENCES.