Multiocular Type - Desktop - End User License Agreement - V001

Updated February 3, 2023
This is an End User License Agreement (“EULA”) between you (“End User” or  “you”) and Multiocular Type. By downloading and/or installing, copying, or using the Font Software, you agree to the terms of this Agreement. If you do not agree to the terms, do not purchase this License, or download, or install, or copy, or use the Font Software.
1. Grant of License

Individual User License: Upon payment in full, Multiocular Type grants you non-exclusive and terminable license to use the Font Software and the designs created by the Font Software but your use must be in accordance with the terms and conditions of this Agreement. You are not allowed to use the Font Software with more than three(3) concurrent Users. If at any time your use of the Font Software exceeds that permitted in Your License, you agree to immediately notify Multiocular Type and purchase the proper license.

Multi-User License: If more than three (3) users will be using the Font Software, you are required to reach out to
Multiocular Type for a license sized for the appropriate amount of Users.

2. Authorized Uses

Authorized uses of the Fonts include: the production of paper publications, for example, newspapers, pamphlets, books and magazines; print advertising; vinyl or printed signage; posters and billboards; logos and logotypes; corporate documents; newsletters and annual reports; as well as images for print, web and social media
(staticnary images only); embedding in ePub publications; product/merchandise packaging; marketing materials; outdoor advertising (OOH); digital screens and billboards (non-interactive); presentations (e.g. Powerpoint); film and video (non-broadcast). You may use the Fonts to display static images within online and social media advertisements (e.g. web banners). You may use the Fonts for non-broadcast video content for Your own business website or Your own social media account(s). You are permitted to use the Fonts to make GIF, JPEG, SVG, and PNG pixel-based images for use on the Internet provided that the image creation is not automated, it will not be sold, auctioned, or given away for sale, auction, or minting as part of or as an NFT or on crypto currency exchanges, the images are made personally by a Licensed User, and that no embedding or other transmission of the Font Software is made possible.

3. unAuthorized Uses

Unauthorized uses of the Font include: any type of work or use within NFTs, Cryptocurrencies, Guns or Ammunition, Tobacco, Vape Products, Pharmaceuticals, Supplements, Political Campaigns, Oil & Gas, or Automotives. You are not entitled to use the Fonts for any form of video content for paid advertising (e.g. a commercial), whether on social media platforms, online channels, TV networks, streaming services or otherwise. You agree to indemnify Multiocular Type for any third party claim that arises as a result of any unauthorized use by You of the Fonts.

Apps, Games, Hardware and Software: This license expressly prohibits the embedding, inclusion, calling or linking of the Fonts within hardware and software in any form whatsoever. This includes, but is not limited to, video games, server-side applications, online document creation, mobile apps, kiosks, and OEM products or software. If You wish to use the Fonts for such purposes, contact Multiocular Type to discuss.

Film, Television, Apps, Games, or Streaming Content titles and Identities : This license expressly prohibits use of the Font Software or any edited, rasterized, or rendered version of the Font within film, television, or streaming video content. This includes, but is not limited to, opening titles, identities, marks, branding, logos, or logotypes. If You wish to use the Fonts for such purposes, contact Multiocular Type to discuss.

Modifications: You may create outline artworks based upon the Fonts for Your personal or business use, except in the use cases outlined in the Unauthorized Use category. However, the use of any font creation or font manipulation program or any attempt to modify the Font for the purposes of creating a usable, derivative, or substitute version of the Font is prohibited. Under no circumstances may You modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or otherwise attempt to discover the source code of the Fonts or the designs embodied therein. You further agree not to commission or authorize any third party to undertake modifications to the Fonts without prior written consent from Multiocular Type. Unauthorized copying, creating derivative works, sharing, lending, renting, selling, reselling, or other unauthorized use is not permitted. Consent may or may not be granted at Multiocular Type’s sole discretion.

Restriction of Alphabet Products: This license expressly prohibits the use of the Fonts in the creation of alphabet products such as, but not limited to: house numbers, stamp sets, rub-on letters, adhesive alphabet letters, alphabet punch and die sets or other methods for use in making such products. If You wish to
use the Fonts for such purposes, contact Multiocular Type to discuss.

4. Service Bureau/Printers

To reproduce a particular document, You may provide a copy
of the specified Fonts to a commercial printer or service bureau. Afterwards, the printer or service bureau must destroy the copies of the Fonts from their devices and electronic storage, including email, and You agree to take reasonable steps to ensure this happens.

5. Back-ups

You may make a reasonable number of copies of the Fonts for back-up purposes only. Copies must contain the same documentation, copyright, trademark, and other proprietary notices that appear on, in or with the Fonts. You must keep back-up copies secure and must take all reasonable steps to prevent any third-party access to them. You will indemnify Multiocular Type for all costs, damages or losses incurred as a result of Your failure to comply with this clause. If You discover or are made aware of any unauthorized access and/or use of the back-up copies by an unlicensed third party, You agree to notify Multiocular Type as soon as is reasonable.

6. Exclusive Ownership

Multiocular Type together with any successors and assigns retain all right and title to the Font Software, trademarks, copyrights, intellectual property, 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 Multiocular Type’s rights, causing significant monetary harm.

7. Other Users

If you are a design consultancy, advertising agency, freelance designer, consultant, or purchasing this License for use by or on behalf of such an entity, the actual end user must purchase an appropriate License. Specifically, if your client will use copies of the Font Software, your client must also purchase a License. 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 in excess of the number of Authorized Users under this License. Specifically, you may not make more copies than are licensed even if the use is only temporary.

8. Transfer of License

You are not permitted to transfer this License to use the Font Software. You are not permitted to purchase a License for resale purposes.

9. Revocation of Warranties

Multiocular Type 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 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 Multiocular Type and its affiliated companies hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JOHN BORAN, JR. DOES NOT REPRESENT OR 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, AND PROCESS 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 JOHN BORAN, JR. 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. In no event shall any liability of Multiocular Type exceed the purchase price of the License to the Font Software or replacement of the Font Software, either at Multiocular Type’s sole discretion.

10. Termination

This License Agreement is effective as of the Date of full payment. This License 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.

11. Choice of Law and Severability

You agree that this Agreement between Multiocular Type and You was formed in Houston, Texas, United States of America and any cause of action arising from it, arises in Houston, Texas, United States and will be governed by and construed in accordance with the laws of the State of Texas and within the exclusive jurisdiction of the Texas courts.

Multiocular Type reserves the right to amend or modify this Agreement at any time and without prior notification. Any modifications will preserve the original permitted uses of this Agreement. Modifications may account for changes in technology that would otherwise impair or render obsolete provisions in this Agreement. Modifications shall not be applied retroactively and any original intended use cases will not be void as a result of any modifications. Multiocular Type will make such amended terms available at multioculartype.co. If You do not agree to the modified terms, Your continued use of the Fonts could be in breach of the Agreement.

This Agreement embodies the entire understanding between Multiocular Type and You and supersedes all prior
arrangements or understandings. If an applicable Court
declares any part of it to be invalid or unenforceable, the remaining provisions shall continue in full force and effect

12. Compliance with Law and Export Restrictions

You agree to be responsible for your own 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.

13. Contact

All inquiries of Multiocular Type may be sent by email to hello@multioculartype.co. The Multiocular Type Foundry website is located at multioculartype.co.