v.3.0 May 9 2022
This is an End User License Agreement ("EULA") between the End User or You (as defined below) and Manic Type ("Manic Type"). This EULA governs access to or use of the Font Software (as defined below) by the End User. Please read this EULA carefully. By downloading or installing the Font Software, you agree to be bound by the terms of this EULA.
"Font Software" means Manic Type's fonts and related software and materials, including coded software that generates typeface and/or illustration designs when used in combination with certain hardware or software plus any and all data provided with such software.
"End User" or "You" means you, your company, or any entity you represent or purport to represent.
"License" means Commercial License or Personal License, all as defined herein.
This Font Software is a work in progress and is provided "AS IS". You acknowledge that there may be bugs and/or flaws in the Font Software. You expressly acknowledge and agree that you bear all risks of using it and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. Manic Type will attempt to communicate the current state of the Font Software at the time of sale, but is not required or obliged to fix or address any bugs or flaws in the Font Software. EXCEPT AS OTHERWISE PROVIDED FOR HEREIN, MANIC TYPE HEREBY DISCLAIMs ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE FONT SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Font Software is protected by trademark, copyright, and other intellectual property rights owned by, or licensed to, Manic Type. The EULA grants you only the limited right to use the Font Software as expressly permitted herein. No right, title, or interest in and to the Font Software is transferred to you as a result of this EULA.
The type of License granted to you under this EULA goes into effect upon Manic Type's receipt of full payment of the use fees associated with each type of license.
Upon payment in full, Manic Type grants you a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein), non-leasable, and revocable license to use the Font Software in compliance with the EULA. This EULA solely governs the granted uses of the Licenses detailed herein. Any and all other uses not included herein are considered, drafted and calculated separately, and count as extensions or addenda to this EULA. To inquire about such licensing, please contact Manic Type. Contact information below.
If you are a design consultancy, advertising agency, or purchasing a License for the Font Software 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 and agree to be bound by the EULA.
Except as provided in this EULA, you shall not:
A "Commerical License" is required if the Font Software will be used by: (i) a business or organization, even if the project, or usage, has no direct financial value; or (ii) an individual if the project or usage has a financial incentive, even indirectly. Use of Font Software is subject to the following conditions:
A Commercial License must be purchased that accurately reflects the number of employees, not including subcontractors, in the business or organization listed as the end user during checkout, even if they will not be installing the Font Software.
If, at the time of publishing Your content, the number of Your employees exceeds the limit of the original purchase You must purchase a new License that accurately reflects the number of employees at the time of publishing Your content. A discount of the price already paid will be applied to the new license.
The Font Software may be installed on computers with no limits as to the number of users, provided they are all employees and subcontractors of the organization, and the work is for the End User named on the license.
You may embed the webfonts contained in the Font Software on websites with no limits to visitors or views. Use of Font Software is subject to the following conditions:
The Font Software may be used in mobile or desktop applications with no limits to the number of users or installations. The Font Software may not be used in applications that generate dynamic artwork, or documents, with the fonts that can be exported for use outside the context of the website.
The Font Software may be used for embedding in ebooks or other digital documents.
The Font Software may be used on films, TV shows, commercials, and digital videos with no limits to impressions or audience.
A “Personal License” permits the usage of the provided Font Software for non-commercial work. If you choose and pay for this license category during checkout, you may use the Font Software as stated in this section. Upon our receipt of the applicable payment, Manic Type grants you a non-exclusive, royalty free, perpetual, worldwide, and non-assignable license to use the Font Software on social media, websites, documents, student work, and other personal uses, as long as there is no financial or commercial motivation or aspect. Businesses and organizations are not permitted to purchase a Personal License, and must purchase a Commercial license even if the usage does not have a direct financial or commercial aspect.
Types of licenses not listed or counted in the previous sections (such as for use for broadcast, HTML5 banner ads, desktop application embedding, and other uses) are considered special license extensions and are priced and granted on an individual project basis. To inquire about such licensing, please contact Manic Type.
End User agrees that sufficient measures will be taken to ensure that the Font Software is adequately secured when embedded, hosted or displayed online, including, but not limited to, obfuscating font file names within the digital publication software and subsetting the font's character set, as to prevent third-parties access to the Font Software. The Font Software licensed must be adequately secured so that other websites not under the control of the licensee may not have access to the Font Software for displaying content, including hotlinking or direct access via web server integration.
You shall not use the Font Software in the creation of alphabet products, including house numbers, signage, stamp sets, rub-on letters, adhesive alphabet letters, alphabet punch and die sets, or other methods for use in making such products.
Manic Type agrees to provide End User with free updates as the development of the Font Software progresses provided that Manic Type may discontinue work on Font Software at any time, for any reason, and does not have any obligation to continue to make available for access or download any versions of any Font Software.
One copy of the Font Software may be made for back-up and archival purposes only. You are responsible for the back-up copy. You may provide the Font Software to your vendors, such as a graphic designer or printer that is working on your behalf, only if they agree to use the Font Software exclusively for your work and retain no copies of the Font Software on completion of the work.
Manic Type has the right to terminate your License and/or this EULA immediately if you fail to comply with any term of this EULA. Upon termination of your License or this EULA, you shall cease all use of the Font Software and destroy all copies, full or partial, of the Font Software or any documentation related to the Font Software. You agree to pay Manic Type's reasonable lawyers' fees incurred in connection with an investigation or action or proceeding arising from your breach of the EULA.
Without limiting anything else in the EULA, Manic Type may, at its sole discretion, either replace the Font Software or refund the fee paid for a License 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 the License. There are no warranties of any kind after the thirty (30) day period. To submit a claim, you must return a copy of your sales receipt to email@example.com. Manic Type makes no other warranties, express or implied, and disclaims all implied warranties, including any warranty of merchantability or warranty of fitness for a particular purpose.
This Font Software may only be distributed by Manic Type and its authorized distributors. It is unlawful to distribute the Font Software and/or make the Font Software publicly available via and not limited to the internet, download, LAN/WAN network, email or physical media.
Notwithstanding any damages You might incur, You can recover from Manic Type only direct damages up to the fees paid for the License granted. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MANIC TYPE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL or PHYSICAL INJURY, PROPERTY DAMAGE, ENVIRONMENTAL DAMAGE, FOR LOSS OF PRIVACY, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE FONT SOFTWARE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA).
This limitation applies to anything related to the Font Software, services, content (including code) on third party internet sites, or third party programs, and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
Nothing in this EULA will be deemed to create any association, partnership, employment, joint venture, or agency relationship between the parties. The parties will not have the right or authority to create any obligations of any kind, make any representation or warranty on behalf of the other party, or to bind the other party in any respect, unless approved in writing by both parties.
This EULA constitutes the entire agreement between the parties with respect to the Font Software and supersedes all prior understanding, whether written or oral. Except as provided in this EULA, no term or condition of this EULA or any License may be amended or deemed waived, except by a writing signed by the parties that refers to this EULA or the License. If any term or part of a term of this EULA is invalid, illegal, or unenforceable, the rest of the EULA will remain in effect. Manic Type's failure or election not to enforce a provision of this EULA is not a waiver of its right to do so later. The numberings and section titles within this EULA are for convenience and shall not affect or alter the meaning or construction of any terms or provisions of the EULA.
This EULA is governed by and constructed in accordance with the laws of the Province of Ontario, Canada. All disputes between Manic Type and You, whether or not arising hereunder, shall be conducted within the courts and jurisdiction of the Province of Ontario, Canada.
Please keep all receipts. If you have purchased your font(s) directly from Manic Type, records of such purchases are already within our database. If you obtained Manic Type fonts from an authorized Manic Type distribution channel, please keep a record of the time and place of purchase for future reference.