WebFont License End User License Agreement
This WebFont License – End User License Agreement ‘EULA’ is a legally binding contract between ‘You’ – The Customer / License Owner and The Designers Foundry Ltd – ‘The Designers Foundry’. By purchasing a License and downloading Font Software from The Designers Foundry, You agree that You have fully read, understood and agreed to the terms and conditions of this EULA. If You do not agree to the terms and conditions of this EULA, You are not authorised to purchase a WebFont License, download and use any Font Software from The Designers Foundry.
WebFont License Definition
Each WebFont license includes Font Software to stylise the text on your website. The WebFont License permits the use of the Font Software via CSS rule ‘@font-face’ only.
Each WebFont License permits the use of WebFont software on a single website domain according to the number of estimated visitors you expect on a monthly basis. You must own the domain and have full control over the content of the Website when the Font Software is used. Payment is a one-time fee unless your website grows beyond the number of licensed visitors, you must then purchase additional licensing, contact us for a license upgrade discount.
Treat as Confidential
You agree to treat the Font Software as confidential information. You are not permitted to copy, reproduce, transfer, sell, license, lend, file share, lease, sub-license or distribute any Font Software downloaded from The Designers Foundry.
You agree not to edit, modify, reformat, translate, hack or otherwise discover the Font working files. You agree not to alter the copyright notices as contained in the Font Software code. Any manipulation, violation of use, or Font pirating activity will result in legal action.
You agree to not recreate or base your own Font on The Designers Foundry Font Software character designs. You agree to ensure the WebFonts Software is only for for the purpose of styling text within Your website. You must make effort to prevent unlicensed third-party access to the WebFont Software.
Grant of License, Installation, Number of Users and visitors
A license permits You to install the licensed Font Software on one (1) website owned and exclusively managed by a single person or company/organisation at one (1) web domain.
The license fee relates to the number of visitors you expect your website to have per month. The base option allows for 5,000 visitors per month. If You require more You must adjust the option to suit your needs. The license does not expire and your visitor count should reset on the first day of each month.
Font Software is not permitted to be shared across multiple websites with the same name but different domain TDL/extensions. Our licenses are non-exclusive and non-transferable. You are responsible for the installation of the Font Software on your website.
Format and Software
WebFont software is supplied in WOFF or WOFF2.
Back-up Copies
You may make one copy of the Font Software for back-up purposes only. We request that you store this in a secure location in an offline hard drive, on a disc, or in a private and secure cloud storage facility.
Multiple Websites/ Service Bureau/Clients
You are not permitted to share WebFont Licenses and the Font Software between multiple websites or third parties using a service provided by You. To license for multiple websites you will need to place individual orders for each website and list each URL at the checkout or contact us.
You may use the Font Software on subdomains of your domain, your license visitor count is for all subdomains collectively.
Exclusively WebFont Font Software
When licensing a WebFont License, the Font Software supplied is exclusively for use as a WebFont and cannot be used in desktop applications or similar.
Physical Goods
Use of our WebFont Software for designing of any physical or downloadable products is not permitted, please contact us for a license extension. The creation of physical products or items for sale or distribution that are essentially letterforms from Font Software is also prohibited. Further prohibited products include but are not limited to: stamps, stencils, temporary tattoos, real tattoos, alphabet stickers, alphabet toys, educational alphabet products, house numbers, alphabet letters or any words/quotes made from any material.
Mobile Applications, Video Games, e-Books, Software and Hardware
The use of Desktop License Font Software excludes the use in mobile applications, video games, e-books, software, device interfaces, electronic programs, applications, operating system or interfaces.
The Font Software must not be used in any form of interface or operating system such as (but not limited to) mobile phones, personal computers, electronic kiosks, gaming consoles, television interfaces or any hardware/appliance interface. License extensions are available to permit these uses. Please email us, Hi@TheDesignersFoundry.com
Videos, Broadcasting, Television, Movies and Documentaries
The WebFont License does not permit the usage of Font Software in video advertisements and social media video content. Please see our Desktop License.
The use of Font Software in cartoons, movies, feature films, television shows, special event broadcasts, streaming service video content, live broadcasting and documentaries is not permitted, please contact us.
Web Advertising
Should you wish to use Font Software in Web Advertising, such as HTML5, Ads you will need a WebFont License. 1 visitor = 1 ad impression. You can decide how You distribute your WebFont License visitors between traditional website visitors and ad impressions, as long as You do not exceed the total number of your license scale. For example You may purchase a WebFont license for up to 25k visitors. 10k maybe used for web ads and 15k maybe used for your website visitors. Your impression count should restart at the first of the month.
Other Restricted Uses
You are not permitted to supply the Font Software as an option when third parties of your website, application or kiosk are designing a digital or physical product. You are not permitted to supply the Font Software in a bundle or theme package for a website, such as a Shopify store or WordPress theme without our written permission.
The use of Font Software in NFTs is not permitted without our approval. The use of Font Software in blasphemous material, pornographic material, criminally deceptive ways, dishonest ways, anti-gay material, racist material, illegal industries of any kind, or malicious or hate activity is not permitted ever.
Warranty and Refunds
The Designers Foundry warrants that the Font Software will function correctly for a 45 day time period after downloading Font Software. If the Font Software does not function correctly, You must contact The Designers Foundry within 45 days of purchase to arrange replacement of the Software. Due to the nature of digital Font Software, The Designers Foundry does not offer refunds.
Ownership and Editing Software
Font Software for License on The Designers Foundry is the exclusive property of The Designers Foundry and/or the Designer listed on each Font product page. The Designers Foundry hosts the licensing and distribution on behalf of the Designers. The Font Software is not sold to You. The Designers Foundry provides You the ability to purchase a non-exclusive License, which permits You to use Font Software according to our EULA. The Font Software remains property of the respective Designer always. Only The Designers Foundry and the respective Designer are permitted to edit or modify the Font Software.
You are not permitted to copy, redesign or modify any Font Software from The Designers Foundry and distribute it to third parties or use it yourself. You agree that the construction, organisation and design of the characters within the Font Software are the exclusive property of each Font’s respective Designer. You acknowledge that all Font Software is internationally protected under the Digital Millennium Copyright Act, Trademark Laws, Copyright Laws and locally enforced laws.
Guarantee and Responsibility
The Designers Foundry cannot guarantee the performance or results You may achieve by using any Font Software licensed from The Designers Foundry. You are using the Font Software at your own risk. In no event under any circumstances can The Designers Foundry or the Designer of any Font Software be held responsible for any indirect, direct, incidental, special, punitive, or consequential damages in any form, including lost profits, lost money, lost material assets, failure of business performance or business interruption. The Designers Foundry holds no responsibility for the manner in which Customers use Font Software licensed from The Designers Foundry. The Designers Foundry does not guarantee that the use of the Font Software will be unobstructed, uninterrupted or error-free. The Designers Foundry cannot guarantee that Font Software is without construction errors, blemishes, mistakes or any fault of any kind.
In no event can The Designers Foundry or any employee, contractor, owner or Designer be held responsible for construction errors, blemishes, mistakes or any fault of any kind in the Font Software. In no event can The Designers Foundry or any employee, contractor, owner or Designer be held responsible for personal injury or property damage of any possible nature resulting from the use of the Font Software. We strive to create the best fonts possible. If you find an error with our fonts, please let us know and we will fix it for you as soon as we can.
The Designers Foundry and its owners are not responsible if any Font Software or the content of Font Software or images on The Designers Foundry break copyright laws. The Designer of the Font agrees it is their own original work and they accept total responsibility for their Font Software.
Violation and Termination
Violation of the terms of this EULA will instantly cause your License to be discontinued and legal action will be taken against You in a court of law to cover any damages. In the event of termination, You must delete the Font Software and assure no copies of the Font Software are in your possession or in use.
The Designers Foundry reserves the right to terminate your License at any time if You violate any of the terms of this EULA.
Location, Venue and Choice of Law
The Designers Foundry office is located in New Zealand and this EULA will be governed and construed exclusively by the Laws of New Zealand. You agree to the exclusive jurisdiction of the New Zealand courts when using this website and any Font Software licensed from The Designers Foundry.
We are a New Zealand based company exporting software around the world. If You are located outside of New Zealand, You are not charged tax. New Zealand based customers will be charged GST.
Indemnification
Each party must indemnify and hold harmless the other, and their officers, directors, employees and agents, against any and all costs, expenses, liabilities, injuries, losses, damages, claims, demands and judgments that either party incurs as a consequence of either party’s breach of this Agreement.This indemnification obligation survives termination of this Agreement.
Changes to the EULA
As The Designers Foundry operates in a changing technological environment, The Designers Foundry reserves the right to adjust the EULA at any time. Changes will be effective instantly upon posting of the amended EULA. You are responsible for ensuring You have read the latest EULA at your time of licensing. Your continued use of TheDesignersFoundry.com and Font Software represents that You agree to the EULA as amended.
No Previous EULA or Other Agreements
This EULA is the complete agreement between You and The Designers Foundry. It overrides any prior EULA and any other communications relating to the subject matter of Agreement and Font licensing. No other versions of this EULA or other agreements stating different terms can be enforceable against The Designers Foundry in the absence of a written amendment and consent from The Designers Foundry, including a written waiver of the affected terms of this Agreement. If any term(s) of this EULA is declared by a court of law to be incorrect or unenforceable, the remaining terms of this EULA will still have full merit. You agree The Designers Foundry may modify the incorrect term(s) to meet the requirements of the law to enable the desired intent of the incorrect term(s).
Licenses inspections
The Designers Foundry trusts You will respect our vision of empowering the whole industry with affordable typography and will order the correct License for the correct number of users. Regardless, The Designers Foundry reserves the right to contact You to confirm You have the correct License.
Licenses Extensions
The Designers Foundry can supply a License Extension to permit restricted uses. Please contact us for more information.
Glossary:
You: The Customer. This represents You, the Individual representing themselves or a Company or Organization that is purchasing a License with the intention of downloading, installing and using Font Software. You/The Customer must agree to all terms and conditions of the EULA.
The Designers Foundry: This represents The Designers Foundry Ltd., TheDesignersFoundry.com, The Designers Foundry as itself or any person(s) acting on behalf of The Designers Foundry. The Designers Foundry is an online store that hosts Font Software for Designers so they can be licensed, downloaded and installed by You.
License Owner: “You” / The Customer, the Individual or a Company that will use the content produced by the Font Software.
Font Software: A group of electronic data files containing a set of glyphs, characters, information or symbols in various formats. Formats of Software include but are not limited to .OTF.
Designer/Designers: The Individual, Individuals or Company supplying The Designers Foundry Font Software. (In some cases The Designers Foundry may produce the Font Software on the Designer’s behalf with their permission to be Licensed on The Designers Foundry.)
Desktop License: The Desktop License is the strict End User License Agreement (EULA) in which You may use Font Software from The Designers Foundry. You License the use of the Font Software according to the terms and conditions set in the EULA.
EULA/End User License Agreement: The Agreement that You must read, understand and agree to in order to purchase a License for Font Software. The EULA enforces the limitations and permitted uses of Font Software. The EULA is a legally binding contract between You and The Designers Foundry.
NOTE: THE NUMBERINGS OF THE VARIOUS SECTIONS ARE FOR CONVENIENCE ONLY AND SHALL NOT AFFECT OR CONTROL THE INTERPRETATION AND ENFORCEMENT OF THIS EULA. ANY ERRORS IN SPELLING OR GRAMMAR MAY NOT BE USED AGAINST THE DESIGNERS FOUNDRY. THE SUPPLIED GLOSSARY IS FOR REFERENCE ONLY AND THE DESIGNERS FOUNDRY RESERVES THE RIGHT TO EXPLAIN AND ADJUST ANY MISINTERPRETATION OF TERMS OR INCORRECT TERMS GIVEN IN THIS EULA.
ALL PRICES AND PAYMENTS ON THIS WEBSITE ARE IN USD. THE DESIGNERS FOUNDRY HAS NO CONTROL OVER CURRENCY CONVERSIONS OR YOUR BANK FEES WHEN PURCHASING FROM US. ALL TRANSACTIONS SHOULD SHOW ON YOUR STATEMENT AS 'TDFOUNDRY' or similar. COPYRIGHT © THE DESIGNERS FOUNDRY LTD. REGISTERED IN NEW ZEALAND. “The Designers Foundry” is trademarked.
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Last updated: 22 Sep 2023
For license help contact us: hi@thedesignersfoundry.com
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