#### END USER LICENSE AGREEMENT FOR MOTHRA PARALLAX FONT SOFTWARE
1. **Agreement**:
This End User License Agreement (the “Agreement”, “EULA”, “License”, or “License Agreement”) is a legal agreement between the Licensee (you) and Elliott Peter Earls and becomes a binding contract between you and Elliott Peter Earls when you access, install, and/or use the Elliott Peter Earls Font Software (“Font Software” or “Fonts”). This Agreement governs the terms of use of the Font Software and the design of the Fonts embodied therein (collectively, “Font Software”), for, among other uses, use in multi-use methods, large-scale multi-user commercial uses, as well as simple uses such as individual desktop-only uses. This License also controls the use and distribution of any media, electronic documentation, updates, add-ons, artwork, web services, and/or the form of provision.
2. **Grant of License**:
Upon payment in full, Elliott Peter Earls grants you a non-exclusive, non-transferable, limited right to use the Mothra Parallax Font Software as specified in your purchase documentation. This license allows for the installation and use of the Font Software on a specified number of devices within your organization.
3. **Permitted Uses**:
– **Desktop Use**: Installation and use on desktop computers for the creation of printed and digital content.
– **Web Use**: Embedding the Font Software into websites using the @font-face CSS rule.
– **E-Book and Application Use**: Embedding the Font Software in electronic publications and applications.
– **Server Use**: Installation of the Font Software on a server for use by multiple users.
4. **Restrictions**:
– You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Font Software without prior written consent from Elliott Peter Earls.
– You may not rent, lease, sublicense, distribute, lend, or transfer the Font Software to any third party.
– You may not use the Font Software in any manner that is illegal or infringes on the rights of third parties.
5. **Ownership**:
The Font Software and any authorized copies that you make are the intellectual property of and are owned by Elliott Peter Earls. The structure, organization, and code of the Font Software are the valuable trade secrets and confidential information of Elliott Peter Earls. Except as expressly stated in this Agreement, this Agreement does not grant you any intellectual property rights in the Font Software.
6. **Termination**:
This Agreement is effective until terminated. Elliott Peter Earls has the right to terminate your license immediately if you fail to comply with any term of this Agreement. Upon termination, you must destroy all copies of the Font Software.
7. **Disclaimer and Limitation of Liability**:
The Font Software is provided “as is.” Elliott Peter Earls does not and cannot warrant the performance or results you may obtain by using the Font Software. Elliott Peter Earls makes no warranties, express or implied, as to the merchantability, fitness for any particular purpose, or non-infringement of third-party rights. In no event will Elliott Peter Earls be liable to you for any consequential, incidental, or special damages, including any lost profits or lost savings, even if an Elliott Peter Earls representative has been advised of the possibility of such damages, or for any claim against you by any third party.
8. **Governing Law**:
This Agreement is governed by the laws of the state of Michigan, USA, without regard to its conflict of laws principles.
9. **Entire Agreement**:
This Agreement constitutes the entire agreement between you and Elliott Peter Earls regarding the Font Software and supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Font Software.
10. **Amendments**:
Elliott Peter Earls reserves the right to amend or modify this Agreement at any time and without prior notice. Any amendments or modifications will be posted on the official website and will be effective immediately upon posting.
11. **Usage Rights and Obligations**:
– **General Use**: You are permitted to use the Font Software for personal and commercial projects, including printed materials, websites, and multimedia content.
– **Backup Copies**: You may make one copy of the Font Software solely for backup purposes, provided that you retain exclusive control over such copies.
12. **Third-Party Rights**:
– **No Rights to Third Parties**: This Agreement does not give any third party the right to enforce any provision of this Agreement.
13. **Export Restrictions**:
– **Compliance with Laws**: You agree to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities. You agree not to export or re-export the Font Software in violation of any such restrictions, laws, or regulations.
14. **Indemnification**:
– You agree to indemnify, hold harmless, and defend Elliott Peter Earls, its employees, directors, and agents against any and all claims, liabilities, losses, costs, damages, or expenses (including legal fees) arising from your use or misuse of the Font Software, your violation of this Agreement, or your infringement of any intellectual property or other rights of any person or entity.
15. **Severability**:
– If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement will remain valid and enforceable according to its terms. The invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
16. **Waiver**:
– No failure or delay by Elliott Peter Earls in exercising any right under this Agreement will constitute a waiver of that right.
17. **Contact Information**:
– If you have any questions about this Agreement, please contact Elliott Peter Earls at [contact information].
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This version retains all sections and provides a comprehensive legal framework for the use of the “Mothra Parallax” typeface. If there are any specific clauses or details you want to add or modify further, please let me know!