WiggleType End User License Agreement
This End User License Agreement is a legally binding contract between you (or any entity you represent) and My Broken Glasses Design, Inc. Please make sure you read it, because it is important. In an effort to keep this as simple as possible, we’ve attempted to make this Agreement easy to understand. If you ever have any specific questions about what you can and can’t do with WiggleType, please send us an email at email@example.com. We want animators and designers to use and enjoy WiggleType, and are happy to help.
By purchasing, downloading, installing and/or using WiggleType you agree to all the following terms and conditions and represent that you can legally enter into this contract. If you don’t agree to all the terms and conditions of this Agreement, or if you cannot legally enter into this contract, then please do not purchase WiggleType.
From time to time, we may slightly update this Agreement. Any updated version will be effective at the time it is posted. Please check back often to see if there have been any changes. If we make any material modifications, we will provide notice to you via the email we have on file.
We’re going to use some shorthand to make this Agreement easier to read. When we say “WiggleType,” we mean the handmade animated typography and associated digital files and software that you ordered online, which accompany this Agreement. When we say “we,” “us,” or “our,” we mean My Broken Glasses Design, Inc., a California corporation. And when we say “Agreement,” we mean this End User License Agreement.
2. Limited License to WiggleType
Upon our receipt of full payment of the applicable license fee, you are granted:
2.1 A limited, non-exclusive right and license to use WiggleType on up to three (3) individual computers, unless you have purchased additional licenses. If you need WiggleType for more than three computers, there will be an additional fee to extend the license. If you need more licenses than our website offers, please contact us at firstname.lastname@example.org and we’ll try to work something out.
2.2 The right to make one (1) additional backup copy of WiggleType for the exclusive purpose of data backup, and as long as you are the ONLY person who controls the backup. For example, you cannot make a backup and give it to a friend or colleague.
My Broken Glasses Design reserves all rights not expressly granted to you under this Agreement.
3. Things You CAN and CANNOT Do
You CAN use WiggleType in personal, student, non-profit and commercial work.
You CANNOT do any of the following:
- Distribute WiggleType (for free or for a fee) or make it available to others in any way.
- Use WiggleType in design template applications for resale.
- Use WiggleType as part of a trademark or logo.
- Use WiggleType in "print-on-demand" products and/or services. If you’d like to do this, let us know by sending us an email at email@example.com and we can try to help you out with a custom extended license.
- Convert WiggleType into font software.
- Use WiggleType in a pornographic, fraudulent, obscene, immoral, infringing, illegal, threatening, blasphemous, defamatory or libelous nature.
- Sell, transfer, sublicense, distribute or grant rights of any kind to WiggleType.
For any licensing situations not covered in this agreement, please contact us.
4. Things You Need to Know
WiggleType was designed to be used by experienced professionals. Please carefully read about the product before you purchase it so you understand the operating system and software requirements. Additionally we provide an online tutorial on our website that you can watch if you are uncertain whether WiggleType is right for you. We do not guarantee that WiggleType will work adequately (or at all) in all software packages and environments, or on all operating systems.
You agree and understand that when you order WiggleType, you're purchasing a limited license for WiggleType. WiggleType is, and will remain, the sole property of My Broken Glasses Design, Inc., as will all rights in its trademarks, patents, copyrights and all other intellectual property. No ownership in WiggleType, or anything else is transferred to you under this Agreement, and we reserve all of the rights not expressly granted herein. WiggleType is protected by international and U.S. intellectual property laws.
6. Term & Termination
The license granted to you herein is effective until terminated. The license is automatically terminated if we decide to offer you a refund, in our sole discretion, for any reason. We can terminate your license immediately if you fail to comply with any term of this Agreement. If your license is terminated you will have to delete the original and any copies of WiggleType and related documentation and cease any and all use of WiggleType. We undertake no obligation to update or support WiggleType or to continue to make it available.
7. Disclaimer of Warranty
WIGGLETYPE IS PROVIDED "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO WIGGLETYPE (INCLUDING ANY OPEN-SOURCE COMPONENTS), DOCUMENTATION, MEDIA AND ANY OTHER SERVICES AND MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT WIGGLETYPE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY PARTICULAR SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE.
8. Limitation of Liability
IN NO EVENT WILL WE OR ANY OF OUR REPRESENTATIVES, EMPLOYEES, SHAREHOLDERS, OFFICERS OR AGENTS BE LIABLE UNDER THIS AGREEMENT TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM LIABILITY TO YOU, IN ALL CIRCUMSTANCES, IS LIMITED TO THE AMOUNT YOU PAY FOR YOUR LICENSE.
You agree to indemnify and hold My Broken Glasses Design, Inc. and our representatives, shareholders, officers, agents, and suppliers harmless from and against any claims or damage that may result from your breach of this Agreement or use of WiggleType.
This Agreement is governed by the laws of the state of California, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of this Agreement in the courts located within Los Angeles County, California and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of this Agreement must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in this Agreement is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions will remain in full force and effect. No waiver of any provision of this Agreement will be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement and/or your use of WiggleType. You may not assign any right, interest, or benefit provided under this Agreement without our express prior written consent. This Agreement sets forth the entire agreement between you and us, and supersedes any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us.