Trial Fonts EULA
The Trial Fonts are to be used for evaluation and mock-up designs only. The use of Trial Fonts is forbidden for any work with commercial purposes.
General Information
This Trial Fonts End User Licence Agreement (hereafter referred to as the “EULA,” “Licence,” “Agreement”, or “Licence Agreement”) is a legal agreement between Cracel Unipessoal Lda, doing business under the commercial name Cracel Type (Cracel Type), with a business registration number PT517012413 (hereafter referred to “Cracel Type”) and You (hereafter referred to “You”, “Your”) for the Font Software and the design of the Fonts embodied therein (collectively, “Font Software”), together with any printed materials, artworks, media, electronic documentation, add-ons, updates, web services, mobile services, and any other material that may be associated with the product now or in the future.
1 - Binding Agreement
By acquiring the Font Software, or when You install, copy, access or otherwise handle the Font Software, You confirm that You understand and agree with the terms of this Agreement. You acknowledge that the Font Software provided to You under this Agreement contains a limited set of characters so that You can evaluate the Font Software.
If You do not agree to the terms of this Agreement, do not download, install, access or use in any form the Font Software. Please read this document carefully and keep a copy for further reference.
2 - Definitions
“Font Software” is digital software that generates typeface and typographic designs and/or illustration designs, symbols and ornaments when used together with computers and other software (hereafter referred to as “Font Software”, “Trial Font” or “Trial Font[s]”).
“Cracel Type” is a trading brand of Cracel Unipessoal Lda.
“Third-Party” is defined as anyone not You or a member of Your organisation.
3 - Permitted Uses and Restrictions
You expressly acknowledge and agree that the use of the Trial Fonts is for testing and evaluating purposes only. You are permitted to use the Trial Fonts within 1 (one) single company, organisation, business entity or institution, provided that the Trial Fonts are not used by clients or any other third-parties. You are permitted to use the Trial Fonts to create presentations, printed materials, digital visualisations, mock-ups within Your company, within the limits of testing purposes. You are permitted to use the Trial Fonts for as long as required in order to decide on whether You will purchase the full Licence. Trials fonts are provided in Open Type Font (“OTF”).
Under no circumstances are You permitted to use the Trial Fonts in any work with commercial purposes. You are prohibited to use the Trial Fonts in any published or accessible work, online or offline. You are prohibited to use the Trial Fonts in any final files for any project, commercial or non-commercial. You are prohibited from embedding the Font Software in, but not limited to, PDF, Flash, files transmitted from one computer to another over a network or over the Internet, TrueDoc and/or other web embedding font technology formats. Uploading the Trial Fonts to any platform repository, is expressly prohibited and represents unauthorised sharing and distribution of the Font Software. Under no circumstances may You use the Font Software to generate other font formats (e.g.: WOFF, WOFF2, PS1, TTF, EOT, SVG, Cufon, etc).
Modifications
You are not permitted to alter the Font Software or the designs embodied therein in any manner whatsoever. Under no circumstances may You decompile, reverse engineer, disassemble, modify, ‘hack’, alter, change the software or otherwise attempt to uncover the source code of the Font Software. You are not permitted to create or distribute any electronic document in which the Font Software is embedded in a format that allows any modification or extraction of the Font Software by the recipient. You are not permitted to commission, authorise or hire others to perform modifications to the Font Software without prior written consent from Cracel Type.
Distribution
Under no circumstances are You permitted to sell, re-sell, rent, loan, sub-Licence, lend, give, donate, lease or further distribute - fully or in part - the Font Software, together with any accompanying documentation.
Protection
You agree to use reasonable measures to secure and protect the Font Software files from access by third-parties.
Licence Transfer
You are not permitted to transfer this Licence - fully or in part - to another person or entity. Any transfer in breach of this provision will be considered null and void from inception.
4 - Warranty and Disclaimer
You are using the Font Software for testing purposes and You expressly acknowledge and agree that use of the Font Software is at Your sole risk. Cracel Type hereby expressly disclaims all warranties, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Cracel Type 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 is 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 Cracel Type be liable to You or any other party, whether in contract or tort (including negligence) or otherwise, for any indirect losses, special, consequential, or incidental damages, including lost profits, lost savings, loss of data or business interruption as a result of the use or the inability to use the Font Software even if notified in advance of such possibility.
5 - Trademarks and Rights Reserved
You acknowledge that the Font Software, the design of the Fonts embodied therein, the trade names and/or trademarks and copyrights associated therewith are the exclusive property of Cracel Type. By entering into this Agreement, You acknowledge that the Font Software and any associated trademarks are protected under Portugal copyright and other intellectual property law, as well as by the design laws of other nations, and by international treaties. All trademarks must be used including identification of the trademark owner’s name. You may not change any trademark or trade name designation for the licenced Font Software.
6 - Ownership
You acknowledge that Cracel Type retains full ownership of the Font Software, and of all the intellectual property rights, including copyright related to the Font Software. Cracel Type, its successors and its assigns, each retain all rights and titles to their respective software, copyrights, trademarks and the designs embodied in the Font Software. You agree not to copy the Font Software or create derivative typeface design works and/or Font Software based upon the design of the Font and/or the Font Software. You further agree that the unauthorised use of the design of the Font and/or the Font Software represents an infringement of Cracel Type’s exclusive rights causing significant monetary harm. You also agree that such damages cannot be readily estimated and that Cracel Type shall be entitled, without the obligation of a bond, to seek injunctive relief.
7 - Governing Law
You expressly agree that this Agreement was made in Lisbon, Portugal, and any action or proceeding arising out of or related to this Agreement will be governed, enforced, and construed in accordance with the laws of Portugal and within the exclusive jurisdiction of the Portugal courts. You hereby also expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Any dispute or difference arising out of or in connection with this Agreement will be referred to and resolved if required by arbitration in Portugal in accordance with Portuguese law. This Agreement may, at Cracel Type’s sole discretion, be enforced by an authorised agent acting on its behalf.
8 - Licence Amendments
The right to modify or amend this Licence agreement in any way, at any time and without notice, to the extent permitted by law, reserves to Cracel Type only. Any modification will preserve the original permitted uses of this Licence Agreement.
9 - Entire Licence Agreement
You expressly agree that this Agreement constitutes the complete and entire understanding between You and Cracel Type and supersedes all prior arrangements or understandings, oral or written, and any other communications relating to the subject matter of this Agreement. No variation of the terms of this Agreement or any different terms will be enforceable against Cracel Type in the absence of an express written amendment or consent, including an express written waiver of the affected terms of this Agreement. 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 by Cracel Type with a provision that affects the intent of the invalid provision.
10 - Contact
If You have any enquiries, please contact Cracel Type at sales{at}craceltype.com
Cracel Type website is located at www.craceltype.com