“Fonts” means herein the digital data created by us and describing typographical designs and the additional technology to render those typographical designs when used in an appropriate hardware and software, as well as any related data, documentation or other material that may be associated with it now or in the future, any upgrades or updates the we may provide in the future.
“Desktop Fonts” means herein Fonts delivered in .otf format for use in desktop applications.
“Invoice” means herein the invoice or purchase receipt that you receive as confirmation upon buying a licence from us online or any other way.
2. General terms
2.1. This Agreement
This End User Licence Agreement (“Agreement”) is a binding legal contract between you (“you”, “your”, “yours”) and Frank Fonts (“we”, “our”, “us”).
This Agreement constitutes the entire understanding between the parties and supersedes all previous agreements, promises, representations, and negotiations between the parties.
The Foundry may amend the terms of this Agreement at any time. You acknowledge that it is always the latest version of this Agreement that governs your use of the Fonts and that your continued use of the Fonts means that you accept the amended terms. Non-acceptance of the amended terms terminates this Agreement.
2.2. Grant of licence
Upon receipt of your payment in full, we grant you a limited, non-exclusive, non-transferable and terminable licence to download, install and use the Desktop Fonts accompanying your Invoice within the terms, conditions and restrictions of this Agreement.
By purchasing a licence for or by downloading, installing, copying or otherwise using our Fonts you acknowledge that you read, understood and agreed to all the terms, conditions and restrictions of this Agreement.
2.3. Ownership of the Fonts
The Fonts are licensed and not sold to you. We remain the exclusive owner of all copies of the Fonts downloaded or installed, including any back-up copies. We retain all right and title to the Fonts, the trademarks, copyrights and the designs embodied in the Fonts.
You acknowledge that you represent the entity specified on the Invoice as the buyer of the licence and you have the authority to bind that entity to the terms of this Agreement in which case “you”, “your”, “yours” refer to that legal entity.
You acknowledge that this licence is for individual users or organisations purchasing for their employees only. Under no circumstances may you share the Fonts with any unlicensed third party, such as but not limited to, any client, independent contractor, temporary employee, freelance employee, advertising agency, parent company, subsidiary, affiliate, or publication owned by the same parent company.
2.5. Rights granted and retained
You are granted only the rights expressly stated in this Agreement. Use of the Desktop Fonts is any other manner is not allowed and results in immediate termination. Contact us to purchase a separate licence if you wish to use the Desktop Fonts in any way not permitted in this Agreement.
2.6. Returns, refunds
We aim to produce our Fonts to the highest and most up-to-date technical standards. Contact us if you experience any difficulties while working with them and we will take reasonable measures to resolve any technical issue. We retain the right to terminate your licence in case of unusual or excessive technical support needs.
The Fonts are non-returnable and non-refundable and may be exchanged only if defective. You may submit a claim returning a copy of your Invoice within thirty (30) days of purchase.
2.7. Sharing the Fonts
Except as expressly permitted by this Agreement, you may not share the Fonts with any third party under any circumstances.
2.8. Modification and alteration
Except as expressly permitted by this Agreement, you may not alter the Fonts in any way whatsoever. Under no circumstances may you change the name of the Fonts, to remove or alter any copyright notice, trademark or embedding bit, to convert it to any other file format than they were delivered in by us, to create any customisation, variant, adaptation of the Fonts or the design embodied therein or to hire or have any third party to do so. Please contact us, we can create customised versions of our Fonts for you.
2.9. Derivative works
You may not create any unauthorised derivative work based on the Fonts. We shall be the owner of any kind of unauthorised derivative works based on the Fonts and any such work shall be an infringement of our rights causing significant monetary harm and results in immediate termination of your licence.
2.10. Back-up copy
You may make one (1) back-up copy of the Fonts provided that you are the only party who maintains or has access to it.
2.11. Trademarks and copyright
Our Fonts are protected under domestic and international trademark and copyright law. You agree to identify the Fonts by name and credit our ownership of the trademarks and copyrights in the following manner: “Typeset in Name of the Font(s) by Frank Fonts” in the colophon or any place where credits appear.
We make no warranties, express or implied as to merchantability, fitness for a particular purpose, or otherwise. Without limiting the foregoing, we shall in no event be liable to you or any other third party for any direct, indirect, consequential, or incidental damages, including damages from loss of business profits, business interruption, loss of business information, arising out of the use or inability to use the product even if notified in advance. You acknowledge that under no circumstances shall our liability exceed the replacement cost of the Fonts.
Although we regularly check the Fonts for viruses, we do not take responsibility for damage caused to your hardware, software or a loss of income that may have occurred as a result under any circumstances whatsoever. All our Fonts are installed at your risk and we shall not be held responsible.
Any breach of the terms of this Agreement shall be cause for immediate termination without the obligation of notice or opportunity to cure and refund. In the event of termination, and without limitation of any remedies under law and equity, you agree to immediately discontinue using and delete the Fonts and certify that no copy remains in your possession or control. we shall be entitled to seek all remedies under the law.
Our failure at any time or times to demand strict performance by you of any term or condition of this Agreement shall not be construed as a continuing waiver or relinquishment of any other rights.
This Agreement will be governed by the laws of Hungary. This agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
2.17. Invalid terms
If any term of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms of this Agreement shall continue in full force and effect, and the invalid term shall be replaced by the Foundry with a term that most closely affects the intent of the invalid term.
2.18. Be nice
You may not use our Fonts in connection with any kind of pornographic, infringing, defamatory, racist or religiously offensive content.
3. Uses and restrictions
3.1. Installation and usage
The Desktop Fonts may be installed on desktop devices and laptops owned and controlled solely by you and used simultaneously by maximum 2 (two) Licensed Users.
3.2. Embedding in documents
The Desktop Fonts may be embedded into documents only if (a) they are subset, and (b) the document can be viewed and printed but not edited, and (c) reasonable measures are taken to ensure no third party can extract or use the embedded Desktop Fonts, and (d) the documents containing the Desktop Fonts are not for sale, resale or mass-market distribution.
The Desktop Fonts may be embedded into documents as rasterized, pixel-based images only if the images do not result in all or substantially all of the characters comprising the Fonts.
Editable embedding of the Desktop Fonts in documents if the documents are to be shared with any unlicensed third party is forbidden.
3.3. Embedding in internet pages
The Desktop Fonts may be embedded only as rasterized, GIF, JPEG, and PNG type pixel-based images into internet pages if (a) the image creation is not automated and (b) the images are made personally by a Licensed User and not generated by a device or server, and (c) that no embedding or other transmissions of the Desktop Fonts is made possible.
Embedding of the Desktop Fonts into websites via font replacement technologies, the CSS @font-face rule or Flash software is forbidden.
3.4. Logos, letterings etc.
You may not use the Desktop Fonts for logos, logotypes, brand marks or any kind of custom lettering without a separate licence. Alternatively, we may be able to help create a custom design for you, based on the Fonts.
3.5. Other restrictions
Using or embedding the Desktop Fonts in any of the following circumstances and/or applications is not allowed without a separate licence:
(a) alphabet or letterform-related products for resale, (b) letterform-creation products or devices, (c) embedding in any kind of devices or other hardware, (d) embedding in software, (e) embedding in commercial documents, (f) use in film or video, television or broadcast via cable or the internet, (g) use of any “dingbats” in the Fonts as part of a logo or trademark or on products for sale or resale, (i) installation of the Fonts on a LAN server for serving fonts to users, (j) personalised products for resale, (k) large-volume commercial use that results in the creation of more than 250,000 reproductions.
3.6. Protection of the Fonts
You agree to use reasonable measures to protect the Desktop Fonts from any unauthorised access and/or use by unlicensed third-parties and to notify us as soon as is reasonable if you discover or are made aware of any unauthorised access and/or use by an unlicensed third party.
Thank you for making our work possible with the purchase of the appropriate license. We hope you enjoy using our Fonts.
To purchase a separate licence or license upgrade or if you are unsure whether your use of our Fonts is permitted under this Agreement, please contact us for more information at firstname.lastname@example.org. We will be happy to address any of your licensing questions.
Version: 1.100. Valid from: 25 January 2019.
Please ensure you regularly check our site for an updated Agreement. Failure to do so may result in a breach of license.
We invite you to visit our website at frankfonts.com for further information.