DAYTONA MESS END USER LICENSE AGREEMENT - DESKTOP

This is an End User License Agreement (“EULA”) between you (“you”) and Anne-Dauphine Borione (“ Daytona Mess”). This EULA governs your access to or use of Daytona Mess’s fonts and related software and materials (“Font Software”). Please read this EULA carefully. By downloading or installing Daytona Mess Font Software, you are agreeing to the terms of this EULA.

Updates Daytona Mess may update or modify this EULA at any time, and will notify you of any update or modification. Your use of the Font Software following any update or modification constitutes your agreement to follow and be bound by the EULA as updated or modified. The updates or modifications will not be retroactive, and the most current version of the Terms that you have agreed to will govern.

General License Terms Each Font Software may include additional terms or conditions that you are required to accept before downloading or installing, and those terms or conditions are incorporated into this EULA. Daytona Mess reserves the right to decline to license Font Software to any party at Daytona Mess’s sole discretion. All licenses granted by Daytona Mess under this EULA are personal, worldwide, royalty free, nonassignable, non sublicensable, revocable, and nonexclusive. Except as provided in this EULA, you shall not: (i) transfer, give access to, or distribute any part of any Font Software to any third-party without Daytona Mess’s prior written consent; (ii) attempt to reverse engineer, alter, or modify any part of any Font Software; (iii) attempt in any way to emulate, mimic, or otherwise create a substitute for any Font Software, including outlining; or (v) use the Font Software in any way not expressly permitted in this EULA.

Commercial License A commercial 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. 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 (“End User”), even if they will not be installing the Font Software. 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, Daytona Mess grants you a nonexclusive, royalty free, perpetual, worldwide, and nonassignable license to use the Font Software as stated in this section. A commercial license permits the following usage of the provided Font Software: A. Desktop Installation. The Font Software may be installed on computers with no limits 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. B. Ebooks. The Font Software may be used for embedding in ebooks or other digital documents. C. Broadcast, Film, and Video. The Font Software may be used on films, TV shows, commercials, and digital videos with no limits to impressions or audience.

Personal License A personal license permits the usage of the provided Font Software for noncommercial 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, Daytona Mess grants you a nonexclusive, royalty free, perpetual, worldwide, and nonassignable license to use the Font Software as stated in this section. You may use the Font Software on social media, websites, documents, student work, and other personal uses, as long as there is no financial motivation or reward for the project. 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 value.

Prohibited uses The following uses of Font Software are expressly prohibited without a separate license from Daytona Mess and are not included in the commercial license, personal license, or student license: A. Alphabet Products. 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. B. Redistribution. You shall not redistribute Font Software with other software packages or other means that make the raw fonts accessible to third-parties not covered by your license. C. Apps with exportable content. You may not include Font Software in apps, software, or websites if the users can export documents, set in the fonts, which are meant to be used outside of the app.

Font Software Sold As Is This Font Software is a work in progress and is sold as is. You acknowledge that there may be bugs and/or flaws in the Font Software. Daytona Mess will attempt to communicate the current state of any Font Software at the time of sale, but is not required to fix or address any bugs or flaws in the Font Software. Font Software is provided “AS IS”. Daytona Mess makes no warranties, express or implied, and disclaims all implied warranties, including any warranty of merchantability or warranty of fitness for a particular purpose.

Updates and Access to Font Software Daytona Mess agrees to provide licensees with free updates as the development of the Font Software progresses provided that Daytona Mess 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.

Vendor Use 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.

Ownership The Font Software is subject to trademark, service mark, trade dress, copyright, or other intellectual property rights held by Daytona Mess. No right, title, or interest in any Font Software is transferred to you as a result of this EULA. This agreement only provides you with the rights to use the Font Software. Modification of Font Software You are allowed to modify the Font Software for personal and business use under the following conditions: A. You may not distribute, reproduce, sell, transfer, license, or give away your modified Font Software without the written consent of Daytona Mess. B. Each user that has access to the modified Font Software will count towards the total users permitted under your license if applicable. C. You may not make or authorize or commission a third party to make customized versions of the Font Software for use by your clients without the written consent of Daytona Mess. Alterations to outlines for the use of logos and design elements are not considered to be a modification of Font Software and are permitted.

Termination Daytona Mess has the right to terminate your license immediately if you fail to comply with any term of this EULA. Upon termination, you must destroy the original and any copies of the Font Software and documentation. You agree to pay Daytona Mess’s reasonable attorneys’ fees incurred in connection with an investigation or action or proceeding arising from your breach of this Agreement.

Limited Liability Neither party will be liable for any indirect, special, incidental, or consequential damages, or lost profits, that may arise in connection with this EULA. Daytona Mess’s liability arising out of this EULA will not exceed the amount you paid for the Font Software. Transferability You shall not transfer or assign this agreement or any right or obligation of this agreement, by operation of law or otherwise, without the prior written consent of Daytona Mess.

No Agency Nothing in this agreement 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.

General 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 agreement, no term or condition of this agreement may be amended or deemed waived, except by a writing signed by the parties that refers to this agreement. If any term or part of a term of this agreement is invalid, illegal, or unenforceable, the rest of the agreement will remain in effect. This agreement will be governed by and construed in accordance with the laws of the France, without regard to conflict of laws principles. Any claim arising out of this agreement, including tort claims, must be resolved according to French law.