The End User License Agreement available here is a desktop license for up to three users. For any other licensing needs, including web & app usage and larger desktop licenses, please email me.
This End User License Agreement (the “Agreement”) is a contract between a licensee (“Licensee”) and Ellis Carson Jones d/b/a Prologue Type Company. By downloading and/or installing, copying, or using the Font Software (“Fonts”), Licensee agrees to the terms of this Agreement.
Upon receipt of full payment of all applicable license fees, Prologue Type Company grants Licensee the limited, worldwide, royalty free, nonassignable, non-sublicensable, revocable, non-exclusive, non-transferable right to use the Fonts in accordance with the terms of this Agreement. The Agreement applies to the Fonts and any free updates provided to these fonts. Licensee agrees that all rights not granted to Licensee by this Agreement are expressly reserved by Prologue Type Company. If an Agreement to the Fonts is purchased by one party on behalf of another party, both parties are parties to this Agreement.
The Licensee may designate a number of humans (the “Users”) to use the Fonts covered by this Agreement. The number of Users allowed is determined by the license size at purchase. Each User may install the Fonts on any computing devices, or any accounts on multi-user computing devices, dedicated exclusively to them. Users who are employees or contractors of the Licensee can use the Fonts only for projects on behalf of the Licensee.
Prologue Type Company together with any successors and assigns retain all right and title to the Fonts, trademarks, copyrights and the designs embodied in the Fonts. Licensee hereby agrees that this term is contractual in nature and that the unauthorized use of the design of the Fonts shall be an infringement of Prologue Type Company’s rights, causing significant monetary harm.
Licensee is permitted to make a temporary copy of the Fonts for use by a commercial printer or service bureau solely for use in the production of Licensee’s own materials. Licensee is also permitted to include a temporary copy of the Fonts with a document solely for the purposes of facilitating their personal printing and/or viewing of the document. Temporary copies must be deleted and removed in a reasonable time period.
Permitted desktop uses of the Fonts include, but are not limited to, the design of printed materials, PDFs, static images, motion graphics, logos, wayfinding signage, Ebooks, and print advertising. Users may outline a licensed font and modify those outlines for a company logo, book title artwork, poster, or other such artwork, but users cannot convert these designs back into a font or make a new or modified font based on the design of the licensed Fonts.
The following uses of the Fonts are expressly prohibited:
Certain uses of the Fonts are subject to requirements for special permission, comprising at least written agreement from Prologue Type Company, and in some cases requiring additional purchases and licensing terms. For details of these additional purchases and terms, contact Prologue Type Company.
Uses that require special permission include:
In some cases, Prologue Type Company may provide the Fonts to a Licensee on a Trial or Personal Use basis. Such basis will be clearly stated upon delivery. Fonts provided under a Trial or Personal Use basis shall have the following additional restrictions:
Licensee is permitted to make two (2) back-up copies of the Fonts. Unauthorized copying, creating derivative works, sharing, lending, renting, sale, or other unauthorized use is not permitted.
If Licensee publicly uses the Fonts, Licensee agrees that Prologue Type Company may use Licensee’s company's name, logo, and other trademarks, and images and videos of Licensee’s use of the Fonts for Prologue Type Company’s marketing and portfolio only. Prologue Type Company may post about Licensee’s usage to social media, the web, in books, lectures, case studies, portfolios, and may allow third-parties to do the same.
The Fonts and related documentation are provided “AS IS” and, except as noted herein, is without warranty of any kind and Prologue Type Company hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROLOGUE TYPE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE OPERATION OF THE FONTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONTS ARE WITHOUT DEFECTS. THE FONTS ARE NOT FAULT-TOLERANT AND ARE NOT INTENDED AND WERE NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE FAIL-SAFE OPERATION MAY BE REQUIRED. THE FONTS MAY NOT BE USED IN MANUFACTURING, NAVIGATION, AND PROCESS CONTROL EQUIPMENT OR IN ANY OTHER CIRCUMSTANCES WHERE THE USE OR FAILURE OF THE FONTS COULD LEAD TO DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. UNDER NO CIRCUMSTANCES SHALL PROLOGUE TYPE COMPANY BE LIABLE TO LICENSEE 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 FONTS EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. In no event shall any liability of Prologue Type Company exceed the purchase price of the Agreement to the Fonts or replacement of the Fonts, at Prologue Type Company’s sole discretion.
Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, and implied warranties. ANY IMPLIED WARRANTY OR CONDITION CREATED BY LAW IS ONLY EFFECTIVE FOR THE THIRTY-DAY (30-DAY) WARRANTY PERIOD. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE THIRTY-DAY (30-DAY) WARRANTY PERIOD. The exclusions noted above may not apply to Licensee. Otherwise, and to the extent permissible by law, Licensee agrees that all implied warranties are not effective for more than thirty (30) days.
The failure of Prologue Type Company at any time or times to demand strict performance by Licensee of any term or condition of this Agreement shall not be construed as a continuing waiver or relinquishment of any other rights.
This Agreement is effective as of the Date of full payment. This Agreement may be terminated by Licensee at any time by destroying the Fonts together with any printed material and any copies of the Fonts. This Agreement may be terminated without notice if Licensee breaches and/or fails to comply with any term contained herein.
This agreement will be governed by and construed in accordance with the laws of the state of California, without regard to conflict of laws principles. Any claim arising out of this agreement, including tort claims, must be resolved in Santa Clara County, California. The Licensee agrees to service of process at the email address on the original order.
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 Prologue Type Company with a provision that most closely effects the intent of the invalid provision.
The captions and numberings of the sections of this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the terms or provisions of this Agreement.
This Agreement constitutes the entire understanding between the parties and supersedes all previous agreements, promises, representations and negotiations between the parties.
