Fontfabric Commercial EULA For Retail Fonts →

1. Purpose

Fontfabric Ltd (“Fontfabric”, “we” or “us”), together with its wholly-owned subsidiaries are professionals in the field of Font creation and design. These Terms are between you and Fontfabric that owns all rights to the Fontfabric Fonts (Software) purchased.

“Customer” or “Licensee” stands for the entity represented when accepting this Fontfabric Commercial End-User License Agreement or, if that does not apply, you individually.

If You are using the Fontfabric Fonts (Software) on behalf of Your employer or as a consultant or agent of a third party (collectively “Your Company”), You represent and warrant that You have the authority to act on behalf of and bind Your Company to the Terms of this Fontfabric Commercial End-User License Agreement and everywhere in this Agreement that refers to Licensee, includess Your Company.

2. Terms of the Fontfabric Commercial End-User License Agreement

2.1 Fontfabric Licences

Subject to the terms and conditions of the Fontfabric Commercial End-User License Agreement, Licensee shall have a non-exclusive, non-assignable, non-transferable (except as expressly permitted) license to install, access and use the Fontfabric Fonts (Software).

Fontfabric reserves all rights not expressly granted to the Licensee in this Fontfabric Commercial End-User License Agreement.

A Licensee may allow its Authorized Users to use Fontfabric Fonts (Software) and they are responsible for compliance with this Fontfabric Commercial End-User License Agreement and the Licensee applicable Order Form.

2.2 Order Forms

The Fontfabric Fonts (Software) shall be ordered by Licensee pursuant to Order Forms through Fontfabric Marketplace. Each Order Form shall include at a minimum the name of any Fontfabric Fonts (Software), Type of Fontfabric License, any license restriction and other type of rights (transfer, renew, etc).

The use is further governed by the individual types of licenses you select while filling your Order Form, and to which you agree in the course of placing your order.

Any one of Licensee affiliates may also order Fontfabric Fonts (Software) under this Fontfabric Commercial End-User License Agreement by submitting an Order Form and agreeing to be bound by the terms of this Fontfabric Commercial End-User License Agreement.

2.3 Acceptance

This Fontfabric Commercial End-User License Agreement shall be effective upon the date that Licensee receives Fontfabric Fonts (Software) (hereinafter “Effective Date”).

Complete execution of this Fontfabric Commercial End-User License Agreement is contingent upon Licensee tender of the Fee to Fontfabric or Fontfabric’s authorized representatives.

2.4 Changes to the Terms

The last revision of this Fontfabric Commercial End-User License Agreement is set forth at the top of this Fontfabric Commercial End-User License Agreement.

As Fontfabric adds new features, Fontfabric may revise or supplement this Fontfabric Commercial End-User License Agreement.
Fontfabric will provide you with advance notice of material revisions to this Fontfabric Commercial End-User License Agreement.
Fontfabric will not make revisions that have a retroactive effect unless Fontfabric is legally required to do so.

Your continued use of the Fontfabric Fonts (Software) after the new revision constitutes your acceptance of this Fontfabric Commercial End-User License Agreement, as amended.

3. Licensee rights and responsibilities

3.1 Obligations

A Licensee shall use (✓) its best efforts to ensure that each user of the Fontfabric Fonts (Software) abides by the terms and conditions of this Fontfabric Commercial End-User License Agreement.
A Licensee further agrees (✓) to distribute to each Authorized User of the Fontfabric Fonts (Software) a copy of this Fontfabric Commercial End-User License Agreement.
A Licensee may copy (✓) this Fontfabric Commercial End-User License Agreement as necessary to ensure distribution to each Authorized User of the Fontfabric Fonts (Software).

3.2 Free Trial

If a Licensee registers on Fontfabric’s or an Affiliate’s website for a free trial, we will make the applicable Fontfabric Fonts (Software) available to a Licensee on a trial basis free of charge until the earlier of:

(a) The end of the free trial period for which a Licensee registered to use the applicable Fontfabric Fonts (Software);
(b) Termination by Fontfabric in its sole discretion.

Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Fontfabric Commercial End-User License Agreement by reference and are legally binding.

3.3 Free Fontfabric Fonts (Software)

Fontfabric may make a free Fontfabric Fonts (Software) available to a Licensee. Use of free Fontfabric Fonts (Software) is subject to the terms and conditions of this Fontfabric Commercial End-User License Agreement. In the event of a conflict between this section and any other portion of this Fontfabric Commercial End-User License Agreement, this section shall prevail. Free Fontfabric Fonts (Software) are provided to a Licensee without charge up to certain limits. Usage over these limits requires a Licensee to purchase additional licenses. A Licensee agrees that Fontfabric, in its sole discretion and for any or no reason, may terminate Licensee access to the free Fontfabric Fonts (Software) or any part thereof. A Licensee agrees that any termination of Licensee access to the free Fontfabric Fonts (Software) may be without prior notice, and a Licensee agrees that Fontfabric Fonts (Software) will not be liable to Licensee for such termination.

3.4 Verification of Use

A Licensee will monitor its own use of Fontfabric Fonts (Software) and report any use in excess of the licensed volume. Fontfabric may monitor use to verify compliance with license restrictions, volume and the Fontfabric Commercial End-User License Agreement.

4. Use Conditions

4.1 General

Fontfabric Fonts (Software) are and remain property of Fontfabric.

As a licensed Entity it is important that a Licensee reads and adheres to the following section and its conditions of use:

A Licensee CAN (✓) have only one backup copy of one or more Fontfabric Fonts (Software) as more are not permitted.
A Licensee CAN NOT (⃠) reformat or regenerate the Fontfabric Fonts (Software) for compatibility with another operating system unless such use is expressly permitted.
A Licensee CAN NOT (⃠) remove the public metadata and private data blocks included in the Fontfabric Fonts (Software) as it is strictly forbidden.
A Licensee CAN NOT (⃠) copy any written material which may accompany the Fontfabric Fonts (Software) as it is not permitted.

Fontfabric Fonts (Software) and any accompanying written material are protected by Copyright and other International Treaties. Unless otherwise noted, all copyrights and trademarks are the property of Fontfabric.

4.2 Use Limitations

A Licensee must ensure that all use of Fontfabric Fonts (Software) conforms to, and does not deviate from:

(a) the limits on usage to which you agree in the course of ordering those products;
(b) the terms and conditions contained in the Fontfabric Commercial End-User License Agreement.

4.3 No Copying or Distribution

A Licensee CAN NOT (⃠) have copies or distribute Fontfabric Fonts (Software) that do not include the same copyright and other proprietary notices as appear on the original file, which we make available.
A Licensee CAN NOT (⃠) have copies of the Fontfabric Fonts (Software) not kept under Licensee exclusive control.
A Licensee CAN NOT (⃠) copy or distribute any Fontfabric Fonts (Software), unless as expressly stated in a Custom Fontfabric End-User License Agreement.

File our form for a custom Licensing Requests and our team will contact you promptly.

4.4 No Decompilation or Modification

A Licensee may not recompile, reverse engineer, disassemble, modify in any other way the Fontfabric Fonts (Software) or creation of any derivative work in whole or in part.

If a Licensee is located in a European Union member country or any other country which provides rights materially similar to the rights set forth in this provision, a Licensee may reverse engineer or decompile Fontfabric Fonts (Software) only to the extent that sufficient information is not available for the purpose of creating an interoperable software program but only for such purpose and only to the extent that sufficient information is not provided in a timely manner free of charge by Fontfabric upon written request.

5. Third party use

5.1 Licensee obligations

A Licensee CAN (✓) provide Fontfabric Fonts (Software) for temporary use to a designer or another agent working on behalf of the Licensee, unless otherwise specified.
A Licensee CAN (✓) provide Fontfabric Fonts (Software) for third party use only if they agree by the terms and conditions of this Fontfabric Commercial End-User License Agreement.
A Licensee CAN NOT (⃠) allow third parties to retain any copies of the Fontfabric Fonts (Software) upon completion of the work

A Licensee is bound to distribute to each Third Party working on their behalf with Fontfabric Fonts (Software) a copy of the Fontfabric Commercial End-User License Agreement.

File our form for a custom Licensing Requests and our team will contact you promptly.

5.2 Third Party obligations

Third Parties are allowed to use the Fontfabric Fonts (Software) according to the terms of the Agreement between Fontfabric and Licensee. Third Parties use the Fontfabric Fonts (Software) only for the completion of work allocated to them by the Fontfabric Commercial End-User License Agreement. Third Parties shall certify to Licensee and Fontfabric, in writing, that they do not retain any copies of the Fontfabric Fonts (Software) and that all copies have been destroyed.

Third Parties:

CAN NOT (⃠) decompile, reverse engineer, disassemble, modify, create derivative works, i.e., the creation of different weights or styles of the font(s),

CAN NOT (⃠)lend, rent, sub-license or distribute, in whole or in part, to another third party (friends, relatives, service bureaus),
CAN NOT (⃠) reform or regenerate the Fontfabric Fonts (Software) for compatibility with another operating system,
CAN NOT (⃠) remove the public metadata and private data blocks included in the Fontfabric Fonts (Software),
CAN NOT (⃠) copy any written material which may accompany the Fontfabric Fonts (Software).

6. Fontfabric rights and responsibilities

6.1 General

Fontfabric shall deliver the Fontfabric Fonts (Software) (which includes the agreed fonts and the full documentation) in the time agreed with the Licensee.
Fontfabric represents and warrants that it either owns fully and outright, or otherwise possesses and has obtained, all rights, approvals, licenses, consents and permissions as are necessary to perform its obligations and to exercise its rights hereunder.
Fontfabric hereby represents and warrants that it owns all rights, titles, and interest in the Fontfabric Fonts (Software), and they do not infringe the Intellectual property rights of any third party.

6.2 Protection of Fontfabric Fonts (Software)

Fontfabric has the right to request proof for Licensee compliance with the terms and conditions of this Agreement. Within thirty (30) days of a request by Fontfabric, Licensee agrees to certify in writing that the use of the Fontfabric Fonts (Software) at the time of the request is in conformity with this Agreement.

Licensee acknowledges that if their use exceeds the grant of the license and its restrictions as specified in this Agreement, they are required to buy a license that reflects the actual use of the Fontfabric Fonts (Software).

Licensee shall take all reasonable steps to safeguard Fontfabric Fonts (Software) from any unauthorized use, duplication, sub licensing or distribution. Furthermore, Licensee and the Third Party are responsible for ensuring the Fontfabric Fonts (Software) can only be used in a manner allowed by this Agreement.

The failure to adequately protect the Fontfabric Fonts (Software) against use in any manner not contemplated in this Agreement shall be considered a failure to comply with its terms and will result in the termination of this Agreement.

6.3 Audit

You agree that if Fontfabric have reasonable grounds for suspecting that this Agreement is being or has been infringed, we have the right to require an audit of the use of the Font and the Fontfabric Fonts (Software). Within fifteen (15) days of a request, Fontfabric has the right to inspect your systems and devices in order to verify that your use of the Font and the Font Software is in conformity with this Agreement.

You agree to fully cooperate with Fontfabric‘s audit and provide Fontfabric with all requested records and information that would verify your use.

If Fontfabric determines that your use is in violation of this Agreement and the applicable Invoice, you acknowledge and agree that you are required to buy a license that would bring your use into compliance. Fontfabric reserves the right to seek any other remedies available at law or in equity.

6.4 All Rights Reserved

Fontfabric Fonts (Software) are the exclusive property of the Fontfabric.
Fontfabric Fonts (Software) contain copyrighted material, trade secrets and other proprietary material.
Fontfabric Fonts (Software) are protected under the laws of the Republic of Bulgaria and other International Treaty Provisions.
This Agreement shall not be construed as transferring any rights other than those expressly permitted herein.
Fontfabric reserves all copyrights, trademarks and any other form intellectual property rights in and to Fontfabric Fonts (Software).

7. Privacy and Information

7.1 Confidentiality

“Confidential Information” means all information disclosed by Fontfabric to the Licensee, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

Confidential Information includes the terms and conditions of this Agreement and all Order Forms (including pricing). Confidential Information also includes business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by Fontfabric.

Customer shall, on behalf of itself and all Authorized Users, retain all Confidential Information furnished by Fontfabric in connection with or derived from the Fontfabric Fonts (Software) in strictest confidence and shall not publish or disclose such Confidential Information at any time during the term of this Agreement or after its termination.

7.2 Data protection

Fontfabric will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Licensee data. Those safeguards will include, but will not be limited to, measures designed to prevent unauthorized access to or disclosure of Licensee. Except with respect to a free trial, the terms of the data processing addendum at Privacy and DPA page are hereby incorporated by reference and shall apply to the extent Licensee data includes Personal Data, as defined in the DPA.

8. Invoices and Payment

8.1 Pricing and Payment

You undertake to provide accurate and current information about yourself – including your correct name, address and any other requested details – in the course of ordering Fontfabric Fonts (Software).

Licensee will provide Fontfabric with valid and updated bank card information, or with a valid purchase order or alternative document reasonably acceptable to Fontfabric.

If a Licensee provides bank card (credit card, debit card, virtual card etc.) information to Fontfabric, Licensee authorizes Fontfabric to charge such bank card for all Fontfabric Fonts (Software) and licenses listed in the Order Form and any renewals, if any.

A Licensee ensures that they are fully entitled to use that card, and it has available funds sufficient to cover the charges which are deducted from it.

8.2 No Refunds

All amounts are non-refundable, non-cancellable and non-creditable.

9 Tax

Fees and other charges imposed under an Order Form will not include taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”), all of which will be for Licensee account.

Licensee is responsible for all taxes, other than Fontfabric’s income and payroll taxes.

Licensee must provide to Fontfabric any direct pay permits or valid tax-exempt certificates prior to signing an Order Form.

If Fontfabric has the legal obligation to pay or collect Taxes for which Licensee is responsible under this section, Fontfabric will invoice Licensee and they will pay that amount unless Licensee provides Fontfabric with a valid tax exemption certificate authorized by the appropriate taxing authority.

For clarity, Fontfabric is solely responsible for taxes assessable against it based on its income, property and employees.

10. Termination and Cancellations

10.1 Termination

10.1.1 Termination for Cause

Fontfabric may terminate this Agreement for any material breach of this Agreement by Licensee upon thirty (30) days written notice. The written notice shall identify the alleged breach(es) by Licensee and request a cure. If you fail to comply with the Fontfabric Commercial End-User License Agreement, within this time period, the Agreement will terminate automatically.

Either party may terminate this Fontfabric Commercial End-User License Agreement, if the other party ceases operation without a successor or seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter).

10.1.2 Termination for Convenience

This Agreement may be terminated by you at any time by destroying the Fontfabric Fonts (Software), together with any printed materials and copies.

10.2 Consequence of termination

Upon termination of this Agreement for any reason, Licensee is required to destroy or return to Fontfabric all original Fontfabric Fonts (Software) and any accompanying written material.

Licensee shall also certify to Fontfabric that all copies of the Fontfabric Fonts (Software) have been destroyed. In the event of termination due to breach by Licensee, nothing herein shall be construed as a waiver of any of Fontfabric’s rights or remedies under Equity or Law.

11. Liability and Indemnities

11.1 Warranties

11.1.1 Mutual Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement.

11.1.2 Our Warranties

The Font, Fontfabric Fonts (Software) and related documentation are provided “as is”. The entire risk as to the quality and performance of the Fontfabric Fonts (Software) rests upon you. There are no warranties and conditions, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, made by the Fontfabric with respect to the Font Software.

ANY IMPLIED WARRANTY OR CONDITION CREATED BY LAW IS ONLY EFFECTIVE FOR А THIRTY (30) DAY WARRANTY PERIOD. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE THIRTY (30) DAY WARRANTY PERIOD.

Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, special damages, or implied warranties, so the exclusions noted above may not apply. Otherwise, and to the extent permissible by law, Licensee agrees that all implied warranties are not effective for more than thirty (30) days or the shortest period of time allowed by law, whichever is less.

11.2 Liability

11.2.1 Limitation of Liability

Licensee expressly acknowledges and agrees that use of the Fontfabric Fonts (Software) is at the sole risk of the Licensee.

Fontfabric by no means can be responsible for third party error, damages or any other issues technical or not because of the using the Fontfabric Fonts (Software).
Fontfabric’s liability to Licensee shall in no event exceed the replacement cost of the Fontfabric Fonts (Software).
Fontfabric shall not be liable for any direct, indirect, consequential, or incidental damages, including damages from loss of business profits, business interruption, loss of business information, and the like, arising out of the use of or inability to use the Fontfabric Fonts (Software), even if Fontfabric has been advised of the possibility of such damages.

Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the limitations noted above may not apply to you.

12. Communication

All notices and communication will be in writing and given when delivered to the address set forth in an Order Form.

All notices and communication will be addressed to the e-mails set forth in the last Order Form.

This correspondence shall be deemed as binding on the Parties. The Parties shall consider all correspondence or statements sent by e-mail as written. Papers, documents and e-mails received by the Parties before 6:00 pm Eastern European time on the respective business day shall be deemed to have been received on the same day. Papers, documents and e-mails received by the parties after 06:00 pm on the respective business day are considered to be received on the next business day.

13 Governing Law and Jurisdiction

13.1 Informal Resolution

In the event of any controversy or claim arising out of or relating to this Fontfabric Commercial End-User License Agreement, the parties will consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties.

If the parties do not reach settlement within a period of sixty (60) days, either party may pursue relief as may be available a Fontfabric Commercial End-User License Agreement.

All negotiations pursuant to this Section will be confidential and treated as compromise and settlement negotiations for purposes of all rules and codes of evidence of applicable legislation and jurisdictions.

13.2 Governing Law and Jurisdiction

This Agreement will be governed by and construed in accordance with the applicable laws of the England and Wales. Each party irrevocably agrees that any legal action, suit or proceeding arising out of or related to this Fontfabric Commercial End-User License Agreement must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of the courts in England and Wales, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in London, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party.

In any action or proceeding to enforce a party’s rights under a Fontfabric Commercial End-User License Agreement, the prevailing party will be entitled to recover its reasonable costs and attorneys’ fees.

13.3 Injunctive Relief/Enforcement

Notwithstanding the provisions of the above Sections, nothing in this a Fontfabric Commercial End-User License Agreement will prevent us from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.

13.4 Exclusion of UN Convention

The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to this a Fontfabric Commercial End-User License Agreement.

14. Miscellaneous

14.1 Severability

If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this a Fontfabric Commercial End-User License Agreement shall continue in full force and effect, and the invalid provision shall be replaced by Fontfabric with a valid and enforceable provision that most closely effects the intent of the invalid provision.

As used herein, “including” (and its variants) means “including without limitation” (and its variants). Headings are for convenience only.

14.2 No Waiver

A waiver of any breach of the a Fontfabric Commercial End-User License Agreement is not deemed a waiver of any other breach.

14.3 Electronic Signature

Signatures in any electronic form (including e-mail or dedicated signature solutions) are deemed original signatures.

14.4 Assignment

Without Fontfabric’s prior written consent, a Licensee may not assign or transfer a Fontfabric Commercial End-User License Agreement (or any of its rights or obligations) to any party. Fontfabric may assign the Agreement to any of its Affiliates.

14.5 Relationship of the Parties

The parties are independent contractors, and no partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties is created by the a Fontfabric Commercial End-User License Agreement.

14.6 Force Majeure

Any delay in performance (other than for the payment of amounts due) caused by conditions beyond the reasonable control of the performing party is not a breach of the a Fontfabric Commercial End-User License Agreement. The time for performance will be extended for a period equal to the duration of the conditions preventing performance.

14.7 Entire Agreement

The a Fontfabric Commercial End-User License Agreement constitutes the complete and exclusive statement of the agreement between Fontfabric and a Licensee in connection with the parties’ business relationship related to the subject matter of a Fontfabric Commercial End-User License Agreement.

All previous representations, discussions, and writings (including any confidentiality agreements) are merged in and superseded by the Agreement and the parties disclaim any reliance on them.

The a Fontfabric Commercial End-User License Agreement may be modified solely in writing signed by both parties.

14.8 Compliance with anti-bribery laws and money laundering

The Parties shall at all times during the Term adhere to all applicable laws, including but not limited to the anti-corruption and anti-bribery laws, provisions of the Foreign Corrupt Practices Act of United States of America and Bribery Act 2010 in the UK.

Neither Party nor any person on his behalf shall or has

(i) offered, paid, promised to pay, or authorized the payment of any money or anything of value, to any government authority or any political party for the purpose of influencing any act or decision of such governmental authority or political party in relation to the Licensor’s products or direct business to any person, in each case where such payment, offer or promise is prohibited under any applicable law to which such entity is subject;
(ii) The Parties of this agreement declare that they are not involved in any kind of or
(iii) engaged in any activity that would in any manner result in violation of any applicable anti-bribery or anti-corruption laws in the whole world or the Foreign Corrupt Practices Act of the United States of America or the Bribery Act 2010, in the UK.

Grant of License

1. Desktop License

14.9 Grant Of License

A Licensee has the right to install Fontfabric Fonts (Software) on an operating system and use it within desktop applications such as TextEdit, Microsoft Word, Mac Pages, Adobe Photoshop, etc for the creation of non-commercial Embedded Documents. An Embedded Document is deemed a commercial document if you distribute it for a fee or other direct or indirect consideration.

A Licensee may use Fontfabric Fonts (Software) to create and distribute static images on any surface, including computer and TV screens, paper and physical products. The images can be created in raster format (.JPEG, .TIFF, .PNG, etc.) or in vector format (EPS, SVG, etc.).

14.10 Embedding

Fontfabric Fonts (Software) have been created using embedding bits intended to prevent the editing of a file containing embedded Fontfabric Fonts (Software). A Licensee agrees not to change, alter or otherwise modify the Fontfabric Fonts (Software) or its embedding bits.

14.11 Usage

A Licensee and any Authorized Users CAN (✓) send editable Embedded Documents only if the documents are created for in-house use or if they are sent to Third Parties, working on behalf of Licensee in accordance with this Fontfabric Commercial End-User License Agreement.
A Licensee CAN (✓) send Embedded Documents to any other Third Parties only in a secure read-only non-editable format such as .PDF that does not permit the extraction of the embedded Fontfabric Fonts (Software).
A Licensee CAN (✓) embed static images into an electronic document with a representation of a typeface so long as such images are not used as a replacement for Fontfabric Fonts (Software).
A Licensee CAN NOT (⃠) create or distribute to Third Parties any documents or graphics containing an embedded copy of tFontfabric Fonts (Software) with the entire or substantial part of the character set of the typeface design embodied in Fontfabric Fonts (Software).
A Licensee CAN NOT (⃠) use Fontfabric Fonts (Software) to create tangible products, which substantially relies on Fontfabric Fonts (Software) for its commercial value. Examples include where the Font image may be repurposed by an User of it, such as a rubber stamp or an adhesive alphabet, or may not be repurposed by its an User, but a principal characteristic of the products are the display of a sub-set of a Font or its attributes. This limitation applies to but is not limited to Non-Fungible Tokens.
A Licensee CAN NOT (⃠) use Fontfabric Fonts (Software) to create any kind of Electronic Publication, Apps, e-books or used in TV Broadcastings or Movies.

The maximum number of simultaneous users is specified in the applicable Order Form. A “user” is either a single person or a single device. All users must belong to the same company or household purchasing Fontfabric Fonts (Software).

15. Webfont License

15.1 Grant Of License

Under the Webfont License:

A Licensee has the right to use Fontfabric Fonts (Software) on websites that they own or control with the @font-face selector in CSS files for the number of pageviews per month specified in the Order Form.

There are no restrictions on the number of domains on which A Licensee may use Fontfabric Fonts (Software).

15.2 Usage

When using Fontfabric Fonts (Software) on websites:

A Licensee MUST (✓) include the entire commented header that shows copyright and other legal information in the provided Fontfabric Fonts (Software) CSS file.
A Licensee CAN NOT (⃠) link to the full, CFF OpenType or TrueType Fontfabric Fonts (Software) designed for desktop installation.
A Licensee CAN NOT (⃠) use any conversion or editing tools on Fontfabric Fonts (Software).
A Licensee CAN (✓) increase your license or buy a new one if the total traffic of all websites, measured in pageviews per month, exceeds the one specified in the Order Form for two consecutive months, you must .

15.3 Scope and Limitations

This license does not cover the following uses: desktop use, website templates distribution, product creation websites, mobile applications and games, e-books, digital ads, dynamically broadcasting it on cable television or the Internet.

A Licensee CAN NOT (⃠) create alphabet or letterform products based on Fontfabric Fonts (Software) for resale.
A Licensee CAN (✓) buy a separate license for the abovementioned uses or extend your license in order to include any of the uses for additional fee.

16. Applications License

16.1 Grant Of License

A Licensee CAN (✓) embed the licensed Fontfabric Fonts (Software) into an unlimited number of copies and subsequent versions of mobile applications and games and/or computer software applications – Apps.
A Licensee CAN (✓) port the App to any other platform or console (MacOS, Windows, Android, Linux, etc.).
A Licensee CAN (✓) to subset or convert Fontfabric Fonts (Software) format in order to improve performance of Fontfabric Fonts (Software) in the App.

16.2 Usage

A Licensee CAN NOT (⃠) exceed the number of Monthly Active Users (“MAU”) of the App specified in the Order Form.
A Licensee CAN (✓) use “total downloads” as a metric if the App has no way of monitoring use.
A Licensee CAN (✓) only embed Fontfabric Fonts (Software) into Apps that a Licensee owns or controls.
A Licensee CAN (✓) not redistribute Fontfabric Fonts (Software) together with the App’s source code.
A Licensee CAN NOT (⃠) install Fontfabric Fonts (Software) in the operating system on which the App runs.
A Licensee CAN NOT (⃠) embed Fontfabric Fonts (Software) in an App that enables an end user to create custom typesetting with Fontfabric Fonts (Software).

16.3 Scope and Limitations

This license does not cover the following uses: desktop use, website templates distribution, product creation websites, e-books, and digital ads. Under this a Fontfabric Commercial End-User License Agreement

A Licensee CAN NOT (⃠) install Fontfabric Fonts (Software) on servers.
A Licensee CAN NOT (⃠) broadcast it on cable television or the Internet.
A Licensee CAN NOT (⃠) create alphabet or letterform products based on the Fontfabric Fonts (Software) for resale.
A Licensee CAN (✓) buy a separate license for the above-mentioned uses
A Licensee CAN (✓) extend your license in order to include any of the uses for additional fee.

17 ePub (Electronic Publications) License

17.1 Grant Of License

A Licensee CAN (✓) embed the licensed Fontfabric Fonts (Software) into an Electronic Publication, including an Electronic Publication for commercial use, and distribute worldwide such Electronic Publication to End Users in a secure manner which does not allow them to access to Fontfabric Fonts (Software).

17.2 Usage

A Licensee CAN NOT (⃠) have the maximum number of separate and distinct Electronic Publications into which Fontfabric Fonts (Software) may be embedded “x” the number of Electronic Publications indicated in the Order Form.
A Licensee MUST (✓) embed Fontfabric Fonts (Software) within a file format that protects Fontfabric Fonts (Software) by means of encryption or obfuscation. Formats that meet these criteria include, but are not limited to, PDF, EPUB 2.01, EPUB 3, and KF8.
A Licensee MUST (✓) have The Electronic Publication as a non-executable file which is displayed by e-reader software or on e-reader devices.
A Licensee CAN NOT (⃠) install Fontfabric Fonts (Software) on the operating system on which the electronic publication runs.

Each issue of an Electronic Publication counts as a separate Electronic Publication. Regional or format variations do not count as a separate issue.

17.3 Scope and Limitations

This license does not cover the following uses: desktop use, website use, website templates distribution, product creation websites, and digital ads.

Under this a Fontfabric Commercial End-User License Agreement:

A Licensee CAN NOT (⃠) install Fontfabric Fonts (Software) on servers, broadcast it on cable television or the Internet.
A Licensee CAN (✓) buy a separate license for the above-mentioned uses or extend your license in order to include any of the uses (additional fee may apply).

18. Server License

18.1 Grant Of License

A Licensee CAN (✓) install Fontfabric Fonts (Software) on a Licensed Server that you own and that is under your sole care, custody and control, for the purpose of incorporating Fontfabric Fonts (Software) into Products – PDF invoices, receipts, business cards, pictures, personalized clothing, etc.
A Licensee CAN (✓) use Fontfabric Fonts (Software) on Development Servers internal development use.

18.2 Usage

A Licensee CAN (✓) use Fontfabric Fonts (Software) for business or personal use in order to:
(1) create or allow End Users to create Embedded Documents or Products with rights to view and edit the documents,
(2) distribute such Embedded Documents and Products to End Users
(3) grant End Users the right to print, view and edit the Embedded Documents.
A Licensee CAN NOT (⃠) use Fontfabric Fonts (Software) in SAAS, where the service is the product rather than the item that is created. For that you would need an additional License, such as Design Application License or a Custom Fontfabric Commercial End-User License Agreement.

File our form Licensing Requests and our team will contact you promptly.

A Server license is based on the number of servers on which the font is installed and is granted for a period of one (1) year.

A Licensee CAN NOT (⃠) exceed the maximum number of Licensed Servers indicated in the Order Form on which Fontfabric Fonts (Software) may be installed. Development servers don’t count towards this.
A Licensee CAN (✓) incorporate Fontfabric Fonts (Software) in Embedded Documents only in a manner that prevents the extraction of Fontfabric Fonts (Software) from the Embedded Documents as well as its use and/or access by any unauthorized third party.
A Licensee CAN NOT (⃠) rent, lease, loan, network, sub-license or distribute Fontfabric Fonts (Software), in whole or in part, to any Third Parties, apart from the use by End Users.

18.3 Scope and Limitations

This license does not cover the following uses: desktop use, website embedding, website templates distribution, mobile applications and games, e-books, and digital ads.

Under this Agreement

A Licensee CAN NOT (⃠) broadcast Fontfabric Fonts (Software) on cable television or the Internet.
A Licensee CAN NOT (⃠) to create alphabet or letterform products based on Fontfabric Fonts (Software) for resale.

19. Digital Advertisements (Digital Ads) License

19.1 Grant Of License

Under the Digital Advertisements license

A Licensee CAN (✓) access, download and use the licensed Fontfabric Fonts (Software) in order to create or allow a Third Party to create Digital Advertisements on behalf of a Licensee.
A Licensee CAN (✓) embed Fontfabric Fonts (Software) in Base-64 encoded format into Digital Advertisements and publish such Digital Advertisements on Output Devices for up to the licensed number of Impressions specified in the Order Form.

19.2 Usage

A Licensee CAN (✓) install Fontfabric Fonts (Software) on a server that is owned and controlled by you solely or a third party hosting service for the purpose of publishing Digital Advertisements on Output Devices.
A Licensee or any Third Parties working on Licensee behalf CAN NOT (⃠) link to or publish online any version of Fontfabric Fonts (Software) which was not initially supplied by Fontfabric.
A Licensee CAN NOT (⃠) use Fontfabric Fonts (Software) with technologies other than @fontface (e.g. as sIFR, Cufón or Typeface.js).

19.3 Scope and Limitations

This license does not cover the following uses: embedding in websites, website templates, mobile applications and games, e-books.

Under this Agreement;

A Licensee CAN NOT (⃠) install Fontfabric Fonts (Software) on servers, broadcast it on cable television or the Internet.
A Licensee CAN NOT (⃠)create alphabet or letterform products based on Fontfabric Fonts (Software) for resale.

Definitions:

“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.
“Control”, for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
“Agreement” means this Fontfabric Commercial End-User License Agreement.
“Application(s)/App(s)” means a computer program designed to help people perform an activity. Under a Fontfabric Commercial End-User License Agreement the term “App(s)” includes mobile applications, mobile games, computer software applications and computer games.
“Authorized User(s)” means persons who are, or are employed by, or are members of a Licensee, who operates Fontfabric Fonts (Software) on behalf of the a Licensee.
„Desktop“ means a personal or work computer that is designed to fit conveniently on top of a typical office desk.
“Development Server” means a server devoted solely to Licensee internal development use and which cannot be accessed directly or indirectly by End Users or Third Parties. A Development Server is not a Licensed Server for the purposes a Fontfabric Commercial End-User License Agreement.
“Digital Advertisement(s)” means a piece of promotional or marketing content delivered via the internet for display on Output Devices. Digital Advertisement includes, but is not limited to, banner ads and display advertisements shown on websites, advertisements in web applications and advertisements in mobile applications.
“Electronic Publication” means a file that includes Fontfabric Fonts (Software) as a rasterised image or as outline data to display the text of a publication that is, or is intended to be, distributed, such as (without limitation) an electronic book, magazine or newspaper, intended for consumption by end users;
“Embedded Document(s)” means a document for internal business or personal use which incorporates the licensed Fontfabric Fonts (Software) as a whole or in part.
“End User” means a person or entity that accesses a Licensed Server or is the recipient of an Embedded Document.
“Entity” means any incorporated or unincorporated entity or person, whether a company, corporation, partnership, association, or other.
“Fontfabric Fonts (Software)” means software which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Fontfabric Fonts (Software) shall include all bitmap representations of typeface and typographic designs and ornaments created by or derived from Fontfabric Fonts (Software). Fontfabric Fonts (Software) include upgrades, updates, related files, permitted modifications, permitted copies, and related documentation.
“Font(s)” means typeface, bitmap and any technology resulting in a representation thereof; and references to fonts include sub-sets of them; “Impression(s)” means a measurement of responses from an ad delivery system to an ad request from the user’s browser in which Fontfabric Fonts (Software) is incorporated.
“Licensed Server” means servers identified by the Licensee in the Order Form. These may only be servers that are owned by the Licensee and remain under the Licensee sole care, custody and control.
“Marketplace” means the official marketplace for Fontfabric Fonts (Software), hosted by Fontfabric on Marketplace page.
“Mobile application” means a type of application software designed to run on a mobile device, such as a smart phone or tablet computer. Mobile applications frequently serve to provide users with similar services to those accessed on PCs.
“Monthly Active Users (MAU)” – the number of unique users that have logged in or otherwise used the app in the last thirty (30) days.
“Operating System” means system software that manages computer hardware, software resources, and provides common services for computer programs such as Microsoft Windows, Linux, MacOS.
“Order Form” means an online order specifying Fontfabric Fonts (Software) and its corresponding licenses to be provided hereunder that is entered into between a Licensee and Fontfabric.
“Output Device” means a display which displays a screen image created by use of or access to the Fontfabric Fonts (Software) to make visible in human readable form, the typeface design and fonts contained within the Fontfabric Fonts (Software).
“Print Media” means paper publications circulated in the form of physical editions of books, magazines, journals and newsletters.
“Product Line(s)” means a line of alphabet or letterform products such as stamps, die-cut products, stencil products, or adhesives stickers where the design of the Font itself is the primary or one of the primary selling points.
“Product” means individual customized physical products such as invitations, keychains, mugs, t-shirts, business cards or other physical items where the licensed Font is used in the design of the final product, but not including print materials other than Print Media or physical products where the Font is used in the design of logos or other material printed on the packaging and where the Font itself is not a primary selling point.
“Webfont” means a typeface installed with a web browser, and typically (although not always) designed for screen-use. The term is also used to describe typefaces that can be used by designers when authoring web pages

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