App / Epub License – End User License Agreement
The App / Epub License – End User License Agreement ‘EULA’ is a legally binding contract between ‘You’ – The Customer 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 authorized to purchase an App / Epub License or download and use any Font software from The Designers Foundry. You are purchasing a non-exclusive License for usage only, not ownership of the Font software.
App / Epub License Definition
The App / Epub License permits the use of Font Software within one (1) mobile phone and tablet application or epub (electronic publication). There is no restriction to the number of mobile operating systems the application or publication can be made available on.
Each App / Epub License grants the use of the Font Software in one (1) Application / Electronic publication title only; sequels or updates of the initial App or Epub are permitted. Each App / Epub License requires a one-time payment. There is no limit to the number of installations, users or sales of your App or Epub.
In addition, your purchase of an App / Epub License also permits the use of the Font Software according to the Desktop License.
You agree to not use the Font Software in an Application that outputs files in formats such as PDF, JPG, PNG (or any other static image file type), vector images, text documents or any possible third-party exportable files. The use of our Font Software is strictly limited to within your Application for text display only purposes.
Treat as Confidential
You must ensure that the Font Software is not accessible to third parties. You must take significant measures to protect the Font Software within your application.
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 and prosecution.
You agree to not recreate or base your own Font on The Designers Foundry Font Software character designs.
Grant of License, Installation and Number of Users
By purchasing an App / Epub License You are granted permission to use the supplied Font software according to the terms and conditions of this EULA. Upon adding Fonts to your cart and completing the checkout process, The Designers Foundry supplies You a non-exclusive and non-transferable license to use the Font software on the number of workstations determined by the number of Licenses You have selected at the cart page of the checkout process.
One (1) license permits You to install the licensed Font software on one (1) workstation owned by a single person or company/organization at one (1) single geographical location. Font software is not permitted to be shared via any form of network or server. If You require a License for more than one (1) workstation, then add the corresponding number of licenses to your cart. Discounts are offered when licensing for 5 or more users; please contact us to make arrangements for the discount.
Format and Software
Font software is supplied in .OTF. You are not permitted to convert the format of the Font software or edit the working file of the Software. If you require .TTF, please contact us and we will supply you with the files after purchase.
You may make one copy of the Font software for back-up purposes only. We request that you store this in a secure location on an offline hard drive, on a disc or in a secure cloud storage facility.
Third Parties/ Service Bureau/Printer Use
You are not permitted to share App / Epub License and the Font Software between users or third parties. To license for multiple users, adjust the ‘Number of users’ option on the cart page. If ordering for 5 or more users, please contact us for a discount.
Each person who will use the Font Software must have their own App / Epub License purchased. This includes Companies, Organizations or Individuals who manage clients' work or have multiple employees, such as (but not limited to) design studios, freelance workers and web hosting providers, online media websites and social networks with multiple users.
You are not permitted to supply the Font Software to any third parties. We suggest converting all text to outlines before supplying files to third parties. If the third party is required to make changes, they must purchase their own license to do so.
Other Restricted Uses
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.
You are not permitted to supply the Font software as a font option when users of your website, application, program or kiosk are designing a document, image, product or web page.
The Font software must not be used in any other way, for any form of digital interface such as but not limited to mobile phones, personal computers, electronic kiosks, gaming consoles, television interfaces, websites or other screen-based interfaces.
Under no circumstances can the Font software be used in cartoons, movies, feature films, television shows, special broadcasts and documentaries, or console video games. Please contact us to permit these uses.
Use on the Internet
App / Epub License Font software is not permitted to be used on the Internet as dynamic (selectable) text. The only way You may use the Font software online is via static images such as .jpg, .png or .gif file types. You are not permitted to Convert our Font software to be used online. WebFont Licenses are available for the use of Font software via @fontface.
Broadcasting, Television, Movies and Documentaries
The use of Font software in cartoons, movies, feature films, television shows, special broadcasts and documentaries is not permitted. License extensions are available to permit these uses. Please email us at Hi@TheDesignersFoundry.com to order.
Warranty and Refunds
The Designers Foundry warrants that the Font software will function correctly for a 10-day time period after downloading Font Software. If the Font Software does not function correctly, You must contact The Designers Foundry within 10 days of purchase to arrange replacement of Software. Due to the nature of digital Font Software, The Designers Foundry does not offer refunds or store credit for change of mind or incorrect purchases.
Ownership and Editing Software
Font Software for License on The Designers Foundry is the exclusive property of The Designers Foundry and the respective 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 the 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, organization 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. 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 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 do our best to fix it for you.
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.
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.
Changes to EULA
As The Designers Foundry operates in a changing technological and regulatory 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 viewing and licensing.
Your 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).
The Designers Foundry trusts You respect us and our practice of typographic design. The Designers Foundry believes 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 does manually inspect
all orders received on a daily basis. If we believe You have purchased the incorrect License we reserve the right to contact You to confirm the correct use of the Font Software.
You: The Customer. This represents You, the Individual representing themselves or a Company or Organization that is purchasing a License or multiple Licenses 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.
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 and .TTF.
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.)
App / Epub License: The App / Epub 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 IN AN EVENT OF THE DESIGNERS FOUNDRY OR A DESIGNER DEFENDING HIMSELF OR HERSELF IN A COURT OF LAW. THE DESIGNERS FOUNDRY OR THE DESIGNERS RESERVES THE RIGHT TO CORRECT SPELLING AND GRAMMATICAL ERRORS AT ANY POINT IN TIME IN ANY SITUATION IF THERE IS CONFLICT. 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.
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