Terms and Conditions

We recommend that you print these Terms and Conditions of Use for further reference.

 

Terms and Conditions of Use

 

1. Content of online-offers

Monotype GmbH is anxious to offer the information completely and in continuously high quality as well as always up-to-date. Nevertheless, Monotype GmbH does not take over any guarantee for the topicality, correctness, completeness and the quality of the information supplied on this page.

Monotype GmbH excludes any liability for slightly negligent breaches of duty provided that it does not concern essential contractual obligations, life, health or body or claims concerning the german product liability law. All supplies offered on this page are not-binding and noncommittal. All specification is given by Monotype GmbH after best knowledge; mistakes are excluded.

Monotype GmbH reserves the right to expressly change individual sections of the on-line supply or the entire supply without further notice to complete or to stop the entire on-line supply for a certain time or forever.

2. Copyrights

All data—especially the databases—of this website enjoy proprietary protection according to § 4 and § 87 a et seq. copyright law. Editing or copying is only permitted if necessary for access to the databases or their general use. All additional edits, copies or distributions and/or public re-production, especially unapproved adoption to an internet- or intranet-offer is an exceeding of the standard appraisal of the databases and therefore will be considered as an infringement of copyrights which will be prosecuted and obliges to payment of indemnifications.

Monotype GmbH is anxious to consider in its publications all copyrights of used graphics, audio-documents, video sequences and texts, to use its own graphics, audio-documents, video sequences and texts or to access licensed graphics, audio-documents, video sequences and texts. All patent design rights and trademarks mentioned in the online-offer or protected by third parties are all exclusively subject to the provisions of the respective valid identification law and the respective registered proprietor. 
Based on a statement not including a trademark reference, it shall not be concluded that trademarks are not protected by rights of third parties!

Copyrights for objects published and used by Monotype GmbH remain with Monotype GmbH. Copies or usage of such graphics, audio-documents, video sequences and texts in other electronic or printed publications is not permitted without expressly consent of Monotype GmbH.

3. Data security

If there is the possibility for input of personal or business data within the internet supply, the input of such data takes place basically voluntarily by the user.

Personal data used by us in the framework of contract preparation/order processing are saved and only passed on to third parties for this purpose exclusively. In all other respects we use the respective data with justified interest of our company for purposes of credit verifications only if necessary.

4. Legal effect

The foresaid rules for non-warranty clause are an essential element of these online offers. They are valid for all pages of the offer. As far as several wordings of references to adhesion or only parts of it should be effect-less or should become effect-less, the effectiveness of all other clauses will remain unaffected thereof.

5. Forward-Looking Statements

This website contains express or implied forward-looking statements within the meaning of the United States Private Securities Litigation Reform Act of 1995, which are based on the current expectations of the management of Monotype GmbH. These statements relate to, among other things, our expectations regarding our products and management’s plans, objectives and strategies. These statements are neither promises nor guarantees, but are subject to a variety of risks and uncertainties, many of which are beyond our control, and which could cause actual results to differ materially from those contemplated in these forward-looking statements.

In particular, the risks and uncertainties include, among other things, the timing of scheduled updates to our products and the expected performance of our products. Monotype GmbH assumes no obligation to update any forward-looking statements contained on this website in the event of changing circumstances or otherwise and such statements are current only as of the date they are first posted to the website by Monotype GmbH.

6. Updates

Monotype GmbH may make improvements and/or changes to this website at any time. Although we attempt to periodically update information on this website, the information, materials and services provided on or through this website may occasionally be inaccurate, incomplete or out of date. Monotype GmbH does not have a duty to update information contained in this website, and Monotype GmbH will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy or currentness of any information on this website, and we undertake no obligation to update or revise the information contained on this website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this website before relying upon it.

7. Links

This website may contain links to websites operated by other parties. Such linked sites are not under the control of Monotype GmbH and Monotype GmbH is not responsible for the content available on any other Internet sites linked to this website. Such links do not imply Monotype GmbH’s endorsement of material on any other site, and Monotype GmbH disclaims all liability with regard to your access to such linked websites. Monotype GmbH provides links to other Internet sites as a convenience to uses, and access to any other Internet sites linked to this website is at your own risk.

8. This Website Does not Provide Legal or Professional Services Advice

The content on this website is intended to be a general information resource in regard to the subject matter covered. Monotype GmbH is not a law firm and it does not directly or indirectly practice law, render legal advice or dispense legal services via this website.

Nothing contained in this website is intended to be instruction for legal representation or to establish an attorney-client relationship. Any information provided on this website is not guaranteed to be correct, complete or up-do-date. The law changes frequently, is different from jurisdiction to jurisdiction and is also subject to different interpretations from different courts. This website is not a substitute for the advice an attorney.

Terms and Conditions of Business

We recommend that you print these Terms and Conditions of Business for further reference.

1. Scope

The following Terms and Conditions will apply exclusively to the current and future business relationships between Monotype Imaging Inc. (collectively with its subsidiaries and affiliated companies, “Monotype”) and you (“you” or the “customer”). Any additional or inconsistent terms issued by you, including any such terms and conditions set forth on a purchase order provided by you shall not be binding upon Monotype, unless Monotype gives its express agreement in writing.

2. Entire Agreement

Any quotation or price information made available by Monotype is without obligation and subject to change without notice unless an offer has been designated as binding. Oral understandings between you and Monotype will require written confirmation by Monotype and a contract between you and Monotype will only become valid when it has been accepted in writing by Monotype (e.g., confirmation of order, which will be final) or when the order is performed (e.g., delivery, download or connection by you of or to the software). As permitted by law, Monotype reserves the right to correct errors in its offers, invoices and communications such as spelling or arithmetical errors. You and Monotype each owe a duty to each other co-operate in order to give full effect to your agreement

3. Assignment

Unless specifically set forth in a written agreement between you and Monotype, your obligations to Monotype may not be sublicensed or assigned to any third party (with a change in control of you constituting an assignment). These Terms and Conditions shall be binding on each party’s successors and assigns.

4. Delivery

As permitted by law, Monotype’s standard delivery terms are FOB origin.

5. Prices

Unless otherwise indicated in writing by Monotype, all prices are quoted in US dollars and are exclusive of all taxes and duties imposed by any governmental authority and freight and shipping charges, all of which shall be paid by you.

6. Payment

Unless specifically set forth in a written agreement between you and Monotype, payment for goods or services from Monotype is net thirty (30) days from the date of invoice. Overdue payments shall bear interest from the due date at the rate of the lower of one and half percent per month (1.5%) or the maximum rate permissible under applicable law.

7. Warranty

Unless specifically set forth in a written agreement between you and Monotype or as required by law, the goods and services purchased by you are provided “as is” without any representation or warranty of any kind, including without limitation, any warranty of non-infringement or fitness for a particular purpose.

8. Partial Nullity

In the event that any provision of these Terms and Conditions is unenforceable or invalid, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or court decisions.

9. Export

You agree that the software licensed to you by Monotype will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration or any applicable export laws, restrictions or regulations.

10. U.S. Government Contracts

If the software licensed to you by Monotype is acquired under the terms of a (i) GSA contract – use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract, (ii) DOD contract – use, duplication or disclosure by the Government is subject to the applicable restrictions set forth in DFARS 252.277-7013; (iii) Civilian agency contract – use, reproduction, or disclosure is subject to FAR 52.277-19(a) through (d) and restrictions set forth in your agreement with Monotype.

11. Governing Law and Jurisdiction

Unless you enter into this agreement through the Monotype affiliate Monotype Ltd. or Monotype GmbH, or unless otherwise set forth in writing in the agreement between you and Monotype, the agreement entered into between you and Monotype is governed by the laws of Massachusetts applicable to contracts wholly entered and performable within such Commonwealth (without regard to applicable conflict of laws provisions). The United States District Court for the District of Massachusetts or, if federal subject matter jurisdiction is lacking, the Superior Court of the Commonwealth of Massachusetts in Middlesex County, shall be the exclusive forum for any disputes arising out of or related to such agreement. Both you and Monotype agree to the personal jurisdiction and venue of these courts in any action related to such agreement.

If you enter into this agreement through the Monotype affiliate Monotype Ltd. the agreement is governed by the laws of England and Wales (without regard to applicable conflict of laws provi-sions). The courts of London, England, shall be the exclusive forum for any disputes arising out of or related to such agreement. Both you and Monotype Ltd. agree to the personal jurisdiction and venue of these courts in any action related to such agreement.

If you enter into this agreement through the Monotype affiliate Monotype GmbH the agreement is governed by the laws of Germany (without regard to applicable conflict of laws provisions). The courts of Frankfurt/Main, Germany, shall be the ex-clusive forum for any disputes arising out of or related to such agreement. Both you and Monotype GmbH agree to the personal jurisdiction and venue of these courts in any action related to such agreement.

The agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.

Last updated 1st December 2014

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