DAYTONA MESS END USER LICENSE AGREEMENT
VERSION 1 • 03 13 2023
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 Sof-
tware following any update or modification constitutes your agree-
ment 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. Dayto-
na 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. Ex-
cept 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
DAYTONA MESS END USER LICENSE AGREEMENT // VERSION 1 • 03 13 2023 // ADBORIONE@GMAIL.COM PAGE 1
work is for the End User named on the license.
B. Webfonts. You may embed the webfonts contained in the
Font Software on websites with no limits to visitors or views. You
must use the webfonts provided in your package. Linking to the
full OpenType Font Software, designed for desktop installation, is
prohibited. The webfonts may only be installed on website domains
that are under the direct control of the licensee. The Font Software
may not be embedded on websites or tools that generate dynamic
artwork, or documents, with the fonts that can be exported for use
outside the context of the website.
C. Apps. The Font Software may be used in mobile or desktop
applications with no limits to the number of users or installations.
The Font Software may not be used in applications that generate
dynamic artwork, or documents, with the fonts that can be exported
for use outside the context of the app.
D. Ebooks. The Font Software may be used for embedding in
ebooks or other digital documents.
E. 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 li-
cense permits the usage of the provided Font Software for noncom-
mercial 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 nonassi-
gnable 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 finan-
cial motivation or reward for the project. Businesses and organiza-
tions 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, si-
gnage, stamp sets, rub-on letters, adhesive alphabet letters, alpha-
bet 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 do-
cuments, 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 Sof-
DAYTONA MESS END USER LICENSE AGREEMENT // VERSION 1 • 03 13 2023 // ADBORIONE@GMAIL.COM PAGE 2
tware. 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 im-
plied, 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 Dayto-
na Mess may discontinue work on Font Software at any time, for any
reason, and does not have any obligation to continue to make avai-
lable for access or download any versions of any Font Software.
Vendor Use
You may provide the Font Software to your vendors, such as a gra-
phic 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 bu-
siness 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 atto-
rneys’ 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 obliga-
tion 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 associa-
tion, 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 unders-
tanding, whether written or oral. Except as provided in this agree-
ment, 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 re-
main 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.