Fontspring Application Font License

APPLICATION FONTS | END USER LICENSE AGREEMENT | V2.0 By downloading, installing and/or embedding font software (“Fonts”) offered for license by Creative Market Labs, Inc, Fontspring, and its distributors (“Licensor”), you (“Licensee”) agree to be bound by the following terms and conditions of this End User Licensing Agreement (“EULA”): 1. RIGHTS GRANTED Licensor grants to Licensee a perpetual, worldwide, non-exclusive and non-transferable license to install the Fonts, and create, reproduce, modify, display, and distribute artwork created with the Fonts in accordance with the terms and conditions of this EULA. 1.1 Storage & Backup ⬇︎ Server Storage The Licensee is permitted to upload the Fonts to a server or a cloud-based storage service that is owned, leased, or otherwise controlled by Licensee, for the purpose of storage, asset management, and retrieval by Licensee only. ⬇︎ Backup The Licensee is permitted to make a reasonable number of backup copies of the Font for disaster recovery purposes only. 1.2 Limits ⚠️ Ownership Licensee is only permitted to embed the Fonts into Apps that it owns or controls. ⚠️ Monthly Active Users Limit Apps that embed the Fonts must not have a combined total number of Monthly Active Users (“MAU”) that exceeds the quantity indicated on the applicable order receipt (“Receipt”). MAU can be calculated in two ways: (1) As the combined, total number of unique users that have accessed or otherwise used the Apps in the last 30 days. (2) As the combined total number of downloads of all Apps. 1.3 Rights ✔ Multiple Apps Licensee is permitted to embed the Fonts into more than one distinct App. ✔ Multiple Copies & Versions Licensee is permitted to embed the Fonts into an unlimited number of copies, and subsequent versions of each App. ✔ Multiple Platforms Licensee is permitted to distribute Apps with the embedded Fonts to any platform or console, such as iOS, Android, Windows, Mac, Linux, Playstation, or Xbox. ✔ Modification Allowed Licensee is permitted to subset or otherwise modify the Fonts to improve the Font’s performance in their App. ✔ PDF Report Embedding Licensee is permitted to embed the Fonts in Portable Document Format (“PDF”) reports that the App saves or exports, provided that the reports are not sold for profit. 1.4 Restrictions ✘ No Source Code Distribution Licensee is prohibited from redistributing the Fonts with any App’s source code. ✘ No OS Installation Licensee is prohibited from installing the Fonts on the operating system any App runs on. ✘ No Typesetting Products Licensee is prohibited from embedding the Fonts in any App for the purpose of an End User using the Fonts to create custom typesetting. For example: An image editor with text features. ✘ No Other Systems/Product Embedding Licensed Users are prohibited from embedding or installing the Fonts in: - Computer operating systems, such as Mac, Windows or Linux - cloud-based apps that allow third-party, End User Font usage - electronic devices - ebooks - editable templates and editable PDFs 1.5 Third Parties The Licensee is permitted to temporarily provide the Fonts to a third-party designer or agent (“Agent”) who is working on behalf of the Licensee. All Agents of the Licensee must: (a) agree in writing to Licensee that the Fonts will be used exclusively for Licensee’s work, in accordance with the terms of this EULA; (b) destroy all copies of the Fonts upon completion and delivery of the work to Licensee; and (c) use and/or embed the Fonts only in work owned or controlled by Licensee. 2. FONT MODIFICATIONS Licensed Users are prohibited from modifying the Fonts, or creating derivative Fonts without prior written consent from Licensor or the Font’s copyright holder except where derivative Fonts are necessary for embedding or linking in accordance with this EULA. 3. COPYRIGHT The Fonts are protected by United States and international copyright and other laws and treaties. The copyright holder is the sole, exclusive owner of all intellectual property rights, including rights under copyright and trademark law. Licensee agrees not to use the Fonts in any manner that infringes the intellectual property rights of the copyright holder or violates the terms of this EULA. Licensee will be held legally responsible, and indemnifies Licensor, for any infringements on the copyright holder’s rights caused by failure to abide by the terms of this EULA. 4. TERMINATION This EULA is effective until terminated. If Licensee fails to comply with any term of this EULA, Licensor may terminate the EULA with 30 days notice. 5. REFUNDS AND DISCLAIMER At Licensee’s request, Licensor may, at its discretion, provide a refund for the Fonts if the following conditions have been met: - The Fonts have never been used in any published or released artwork by Licensee. - No more than 30 days have passed since the date of purchase, specified on the Receipt. - The Fonts have been completely removed or destroyed from all Licensee’s installations, servers, and backups. 6. WARRANTY The Fonts are provided “as is.” Licensor 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. Licensor 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 Licensor has been advised of the possibility of such damages. Because some U.S. states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to Licensee. 7. GOVERNING LAW This EULA is governed by the laws of the United States of America and the State of California. 8. ENTIRE AGREEMENT This EULA, in conjunction with the Receipt that accompanies each Font licensed from Licensor, constitutes the entire agreement between Licensor and Licensee. 9. AGREEMENT MODIFICATION The Licensor and Licensee may modify or amend this EULA when agreed to in writing. 10. WAIVER The waiver of one breach or default hereunder shall not constitute the waiver of any subsequent breach or default. ©2022 Creative Market Labs, Inc.