A EULA must contain terms at least as protective of Monotype Imaging as the following sample End-
User License Agreement:
By installing and using the Product, you agree to the following terms and conditions.
1. The Product contains font software programs which generate human readable typeface
designs (“Font Software”). You may not install or use the Font Software on any device except one on
which you have installed a properly licensed copy of the Product.
2. The Font Software is supplied to you for Internal Use only. “Internal Use,” as used
herein, means use (i) in the course of your customary and ordinary internal business, or (ii) for your
personal use. If used in the course of your customary and ordinary internal business, Internal Use shall
mean use solely by your authorized agents and employees. If used for personal use, Internal Use shall
mean use solely by individuals who reside with you in your household. All such agents, employees and
household residents must agree to the terms and conditions of this EULA as a condition of using the Font
Software. Internal Use shall occur when an individual is able to give commands (whether by keyboard or
otherwise) that are followed by the Font Software, regardless of the location in which the Font Software
resides.
3. You may not convert the Font Software into a different format. You may not alter or
modify the Font Software in any manner which results in the Font Software having different or enhanced
functionality then when it was delivered to you as part of the Product.
4. You may use an application program such as Adobe Acrobat to embed the Font Software
into an electronic document. You may send such an electronic document to a third party only for the
purpose of permitting the third party to view and print the electronic document. Font Software may not
be embedded in any format which permits the recipient of an electronic document to install the Font
Software or to use the Font Software for any purpose beyond merely viewing and printing the document.
You may not embed Font Software into a Commercial Product. A “Commercial Product” is an electronic
document which is distributed in exchange for a fee or other consideration. For example, you cannot
embed Font Software into an electronic book or magazine which is offered to the public for a fee.
5. Except for the print and view embedding permission granted in paragraph 4 above, you
may not copy the Font Software, provided, however, you may make one copy of the Font Software for
archival purposes only. The archival copy cannot be distributed and can be used only when you have
permanently deleted the original or any copy of the Font Software on your device. You may not reverse
engineer, decompile, or take any action which results in or designed to result in gaining access to the
source code of the Font Software, except as permitted by law and then only for the purpose of achieving
an interoperable program.
6. The Font Software supplied with the Product is proprietary and is protected by U.S. and
international copyright and trademark law. All rights not expressly set forth herein are reserved. A breach
Font Software License Agreement (US) (v110209) Page 15 of 15
Confidential Information
of this End User License Agreement may subject you to damages and injunctive relief under this
Agreement as well as under applicable copyright and trademark law.
7. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT
ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You
agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs,
errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE
PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE
LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR
SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE
SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree
that your sole and exclusive remedy and the sole liability of the provider of the Product and the
supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font
Software to the provider of the Product, either (and at the sole option of the provider of the Product (i)
the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font
Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or
special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the
exclusion 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 this Agreement are limited to ninety (90) days. Some jurisdictions do not permit
a limitation or exclusion of implied warranties where the product results in physical injury or death so
that such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability
of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand
dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This
warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to
jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and
nonrefundable.
8. This license shall remain in effect so long as you are in material compliance with all of
its terms and conditions. If you breach any of the terms and conditions, this license is automatically
terminated and you are obligated to destroy the original and all copies of the Font Software. In such
event, upon the request of the provider of the Product or the suppliers of the Font Software, you shall
provide written certification of such destruction.
9. If you are acquiring Font Software on behalf of any unit or agency of the United States
Government, the following provisions shall apply. Use, duplication or disclosure by the United States
Government is subject to restrictions as set forth in the Rights in Technical Data and computer Software
clause at FAR 252.227-7013, subdivision (b)(3)(ii) or subparagraph (c)(1(ii), as appropriate. Further use,
duplication or disclosure is subject to restrictions to restricted rights software as set forth in FAR 52.227-
19(c)(2).