Font Software License Agreement
This License Agreement is a legal contract between you and TypeGroup. When you purchase a font, you are purchasing the right to use that font under a particular set of conditions. These conditions range from, for example, how many computers the font can be installed on to whether it can be embedded in digital documents. It is important that you read and understand this Agreement because it defines your rights, the acceptable uses of our Fonts, and the rights TypeGroup reserves. If you believe your situation or need is not addressed, or if you are unsure of any section's meaning, please ask us before you make a purchase.
Once you download and/or install and/or use the TypeGroup Fonts, you are confirming you understand and agree to the terms of this Agreement, and that you have the authority to bind the person or entity specified on your sales receipt to the terms of this Agreement. Upon payment in full, the TypeGroup grants to you a non-exclusive, non-transferable license to use our Fonts under the following terms and conditions.
1a.) In this Agreement, “Font”, “Fonts” or “Font Software” have identical meanings and are defined as the designs of the Fonts and the software that produces a typeface design(s) together with any other artworks that may be associated with the Font.
1b.) “You”, “Your” and the “End User” are defined as and refer to a customer who has purchased a license to use the Font. An End User is not defined as a distributor, reseller, dealer, sub-licensee, original equipment manufacturer ("OEM"), or other wholesale buyer, etc. TypeGroup products may not be distributed and/or sold to third parties without prior written consent from TypeGroup.
1c.) “Output Device” is defined as any device producing a usable representation of the Font, such as, but not limited to: a printer, image setter, laser setter, plate maker.
1d.) “TypeGroup” is defined as a trading name of Conor & David Design Partnership (Conor & David).
2. Permitted Uses and Restrictions
The purchase of a license grants you a non-exclusive, non-transferable right to use a copy of the Font Software on three (3) computers and/or devices. The geographic restriction does not apply to portable computers. One copy may be made for back-up. This software is copyrighted and contains intellectual property information protected by law. You are not allowed to make duplicates (except for one back-up copy), reproduce, sell, transfer, license, give away or otherwise distribute the Font Software in any form. If you plan to install the Font Software on more than three (3) computers and/or devices at a single geographic location, please contact us.
The Font Software may be installed and used at a single geographic location. If you need a license that permits installation of the Font Software at multiple locations, please contact TypeGroup.
2c.) ADDITIONAL COMPUTERS/WORKSTATIONS
Purchase of a font is for a single user. The purchase of a font makes the buyer a licensed user of the font, not an owner. The font may be loaded on to a maximum of 3 personal computers belonging to the same person or organization at a single location.
2d.) SERVICE BUREAU/PRINTER USE
To reproduce a particular document, you may provide a digitized copy of the specified Fonts to a commercial printer or service bureau. Afterwards, you and/or the printer or service bureau must destroy the copy of the Fonts.
2e.) OUTPUT DEVICES
The Font Software may be used with a maximum of five (5) output devices per licensed computer. However, the Font Software may not be installed or used with any device that displays a reproduction or facsimile of the Font Software or the designs embodied in the Font Software. This includes, but is not limited to: game playing devices, game of chance devices, mp3 players, electronic books or e-readers, or mobile phones or other mobile devices. All such uses are not permitted installations and are not authorized output devices/uses under this License. Any such installation or use requires the purchase of a special license.
2f.) BACK-UP COPIES
You may make a reasonable number of copies of the Font Software for back-up purposes only. Any copies must contain the same documentation, copyright, trademark, and other proprietary notices that appear on, in or with the Fonts. As a best practice, a copy of the sales receipt should always be included with the Fonts.
2g.) EMBEDDING OF FONTS
Embedding of the Fonts into web pages or digital documents is permitted only in a secured, read-only mode. You must ensure that recipients of such web pages or documents cannot extract, install or use the embedded Fonts. The creation of new documents using an embedded copy of the Font Software is expressly prohibited. You further agree not to change or alter the embedding bits or other restrictions of the embedding programmes within the Font Software itself.
You are allowed to modify the fonts for your customary personal and business use under the following conditions: i) You may not distribute, or transfer your adaptations without the written consent of TypeGroup. ii) Each workstation where a modified Font is installed shall be counted as one of your permitted number of computers and/or devices. iii) You may not make, or authorize or commission a third party to make, customized versions of the Fonts for use by your clients. TypeGroup will prepare customized fonts according to your specifications. Please contact us for more information about customized fonts.
Except as expressly provided herein, this Agreement does not grant you any right to intellectual property rights in the Software and its associated trademarks. You are not allowed to make duplicates, reproduce, sell, transfer, license, give away or otherwise distribute the the modified Font Software in any form.
2i.) RESTRICTION AS GOODS FOR SALE
This License expressly prohibits the use of the Font Software in the creation of alphabet products, such as, but not limited to: house numbers, stamp sets, rub-on letters, adhesive alphabet letters, alphabet punch and die sets or other methods for use in making such products. Any such use requires the purchase of a special license.
3. Rights Reserved
3a.) You expressly acknowledge that the Font Software, the designs embodied therein, the trade names and/or trademarks and copyrights associated therewith are each the exclusive property of TypeGroup.
3b.) You agree that the Fonts, and all copies thereof, are owned by TypeGroup and the Fonts’ structure, organization and code are the valuable trade secrets of TypeGroup. You acknowledge that the Fonts are protected under Irish and European trademark and/or copyright law, by the trademark and/or copyright and design laws of other nations, and by international treaties. The unauthorized use of the Font Software shall be a willful breach of this License and may, at TypeGroup's sole discretion, result in its immediate termination, without obligation of notice or opportunity to cure. All rights of TypeGroup are cumulative, not exclusive, including the right to seek temporary and/or permanent injunctive relief.
4. Warranties and Limitations
4a.) TypeGroup represents and warrants that the Fonts will perform substantially in accordance with the representations made herein. To make a warranty claim, you must notify the source from which you obtained the Font Software together with a copy of your sales receipt. If the Font does not perform substantially in accordance with the representations, the entire and exclusive liability and remedy shall be limited to the replacement of the Font Software or the refund of the license fee you paid for the Fonts, as an authorized officer of TypeGroup may elect. TypeGroup and its suppliers do not and cannot warrant the performance or results you may obtain by using the Font Software.
4b.) TYPEGROUP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TYPEGROUP DOES NOT WARRANT THAT THE OPERATION OF THE FONTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONTS ARE WITHOUT DEFECTS. UNDER NO CIRCUMSTANCES SHALL TYPEGROUP BE LIABLE TO YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONTS EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY.
4c.) Other law, Non-Business Users Only. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or implied warranties. Any implied warranty or other right created by law is only effective for the ninety (90) day warranty period. There are no warranties or conditions of any kind after the ninety (90) day warranty period. To the extent permissible by law, you agree that all implied warranties are not to be effective for more than thirty (30) days.
You expressly agree that this Agreement shall be governed by the laws of the Republic of Ireland, as they apply to contracts wholly performed therein and without respect to its conflict of laws provisions or the conflict of laws provisions of any other jurisdiction. You hereby expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement may only be modified in writing, signed by an authorized officer of TypeGroup.
6. No Other Agreements
This Agreement represents the complete and exclusive statement of the agreement between you and TypeGroup and it supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this Agreement. No variation of the terms of this Agreement or any different terms will be enforceable against TypeGroup in the absence of an express written amendment or consent, including a written express waiver of the affected terms of this Agreement. 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 Agreement shall continue in full force and effect, and the invalid provision shall be replaced by TypeGroup with a provision that effects the intent of the invalid provision.
TypeGroup expressly reserves the right to amend or modify subsequent versions of this License Agreement at any time and without prior notification.
TypeGroup ℅ Conor & David
68 Dame Street, Dublin 2, Ireland