Fontspring Design_app Font License

The Fontspring Design Application Font End User License Agreement Version 1.7.2 - October 3, 2018 By downloading, installing and/or embedding font software (“Font”) offered by Fontspring or its distributors, you (“Licensee”) agree to be bound by the following terms and conditions of this End User Licensing Agreement (“EULA”): 1. Rights Granted Fontspring grants Licensee a perpetual, worldwide, non-exclusive and non-transferable license to: a. Embed the licensed Font into an unlimited number of copies and subsequent versions of the Application(s) (“App” or “Apps”) that enables the App's end-user(s) (“End-user”) to create custom digital designs with the Font. These include (but are not limited to) Logos, images, motion graphics, etc. b. Port the app to any other platform or console (iOS, Windows, Android, Linux, etc.). c. Subset or convert the Font format to improve the Font’s performance in the App. 2. Requirements and Restrictions Licensee agrees to abide by the following requirements and restrictions: a. The number of Monthly Active Users (“MAU”) of the App cannot exceed the number specified in the Invoice. MAU is the number of unique users that have logged in or otherwise used the app in the last 30 days. If the App has no way of monitoring use, Licensee may use “total downloads” as a metric instead. b. Licensee may not redistribute the Font with the App’s source code. c. Licensee may not install the Font in the operating system the App runs on. d. Digital files that the App generates must be read-only files that are rasterized, flattened or non-editable. e. Licensee may only embed the Font into Apps that it owns or controls. f. Online versions of the App must be hosted by servers owned or rented by Licensee, they may not be installed remotely to run on customers' servers. 3. Provision to Third Parties The Licensee may temporarily provide the Font to a third party aiding in development or design for the App who is working on behalf of the Licensee. The third party must: a. Agree in writing to use the Font exclusively for Licensee’s work, according to the terms of this EULA. b. Retain no copies of the Font upon completion of the work. 4. Term This EULA grants a perpetual license for the rights set forth in Paragraph 1 unless and until the EULA terminates under Paragraph 8. Fontspring will not charge additional fees post purchase, annually or otherwise. 5. Other Usage Licenses for desktop use, website font embedding, computer applications and games, installable interactive books, software, mobile applications and games, Ebooks and Epubs, website template distribution, product creation platforms, and other uses not allowed by this Agreement may be available for an additional fee. Contact Fontspring at support@fontspring.com for more information. 6. Modifications Licensee may not modify the Font or create derivative works based upon the Font without prior written consent from Fontspring or the owning Foundry (“Foundry”) EXCEPT THAT Licensee may generate files necessary for embedding or linking in accordance with this EULA. 7. Copyright The Font is protected by copyright law. The Foundry is the sole, exclusive owner of all intellectual property rights, including rights under copyright and trademark law. Licensee agrees not to use the Font in any manner that infringes the intellectual property rights of the Foundry or violates the terms of this EULA. Licensee will be held legally responsible, and indemnifies Fontspring, for any infringements on the Foundry’s rights caused by failure to abide by the terms of this EULA. 8. Termination This EULA is effective until terminated. If Licensee fails to comply with any term of this EULA, Fontspring may terminate the EULA with 30 days notice. This EULA will terminate automatically 30 days after the issuance of such notice. 9. Refunds and Disclaimer Fontspring will, at the Licensee’s request, provide a refund for the Font if: a. The Font has not been used in any published or released work. b. No more than 30 days have passed since the date of purchase, specified on the Receipt. c. The Font has been uninstalled and deleted from all Licensee’s computers. The Product is provided “as is.” Fontspring makes no warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. Fontspring 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 product even if Fontspring or the foundry has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to Licensee. 10. Governing Law This EULA is governed by the laws of the United States of America and the State of Delaware. 11. Entire Agreement This EULA, in conjunction with the receipt (“Receipt”) that accompanies each Font licensed from Fontspring or its distributors, constitutes the entire agreement between Fontspring and Licensee. 12. Modification The Parties may modify or amend this EULA in writing. 13. Waiver. The waiver of one breach or default hereunder shall not constitute the waiver of any subsequent breach or default.