End-user license agreement to provide an extended font license
WE RECOMMEND THAT YOU PRINT THIS END USER LICENSE AGREEMENT FOR FURTHER REFERENCE.
Please read the following terms and conditions of the License Agreement (hereinafter referred to as the “Agreement”) carefully before installing the software products. By downloading, installing copying, or using these software products, you agree to these terms! Any breach of this Agreement or use of the software products and fonts without a valid license will result in legal consequences as stipulated by applicable law.
- General Provisions
1.1. 50Fox (hereinafter referred to as the “Licensor”) possesses all necessary authority to grant the rights outlined in this Agreement.
1.2. This Agreement becomes effective and binding on the date the Licensee pays for the rights to use the Font. The payment amount is specified in the invoice provided by the Licensor.
1.3. Payment constitutes the Licensee’s agreement to comply with the terms of this Agreement. Additionally, the commencement of Font use implies the Licensee’s acceptance of this Agreement and all its terms.
1.4. The following terms and definitions apply to this Agreement:
1.4.1. “Font” refers to a graphical and design work, represented by the external images of alphabetic, numeric, service, and pseudographic characters, embodied as a computer program that allows the installation of the font onto a workstation, server, or web server, enabling programs or operating systems to generates typeface and typographic designs and ornaments.
1.4.2. “Font symbol” denotes an image of the alphabetic, numeric, service, and pseudographic characters that constitute the Font.
1.4.3. “Font file” is a computer file containing a description of the character set used to display these characters (e.g., text) by a program or operating system.
1.4.4. “Licensee” refers to the individual or entity acquiring the rights to the Font.
1.4.5. “Workstation” is a hardware component in which an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software or implement the Font Software, regardless of the location in which the Font Software resides.
1.4.6 “Commercial Product” refers to an electronic document or data file created using the Font Software, which is offered for distribution to the general public (or a subset thereof) for a fee, other consideration, or as part of your business activity.
1.4.7 “Editing Rights” refers to the right to add to, delete from, and make changes to the text of an Embedded Document.
1.4.8 “Embedded Document(s)” is an Internal Use document into which a whole or partial copy of the Licensed Font Software has been incorporated.
1.4.9 “End User” is a person or entity that accesses a Licensed Server or receives an Embedded Document from you under an End User Agreement.
1.4.10 “Use” of the Font Software occurs when an individual can give commands (whether by keyboard or otherwise) that are executed by the Font Software, regardless of where the Font Software resides. “Use” also occurs when the software or instructions are executed.
1.4.11 “Development Server” refers to a server dedicated solely to your internal development use, which cannot be accessed directly or indirectly by End Users or third parties. A Development Server is not considered a Licensed Server.
1.4.12 “Internal Use” refers to use only in the course of customary and ordinary internal business or personal activities.
1.4.13. “Licensed Server” refers to the servers identified by you in your account at www.50fox.com that are owned by you and remain under your sole care, custody, and control. If the Licensed Server is hosted by an internet service provider (ISP) for your benefit, you are responsible for all content on the Licensed Server, as well as for ensuring access and security for such content.
1.4.14 “Printing and Viewing Rights” refers to the right to print and view an Embedded Document, but not to edit it.
1.4.15. Any terms used in this Agreement that are not defined above will be interpreted according to the context of the Agreement. If an unambiguous definition is not provided within the Agreement, the Parties shall refer first to the Licensor’s website, and second, to general definitions available on the Internet.
- Usage
2.1. Under the “Extended” license, the Licensee is granted the following non-exclusive rights to the Font:
2.1.1. Licensee has the right to install the Font on up to 35 Workstations, with a maximum of 35 users allowed to use the Font. The Font Software may not be installed or Used on any internal or external (i.e., internet accessible) server unless all Workstations that can access the server are users that are part of the license.
2.1.2. The Licensee has the right to create logos using Font symbols and to register images of the Font symbols as trademarks. These trademarks may only be used to identify graphic and design works produced by the Font. You may not change any trademark or trade name designation for the Font.
2.1.3. Licensee has the right to use font symbol images on social media for commercial and non-commercial activities.
2.1.4. Licensee is granted the right to reproduce the final product commercially or non-commercially, including images of Font symbols on any surface such as paper, billboards, packaging, clothing, digital products, and physical products is without limitation on the number of prints, sales, pieces, or static digital images. The right to embed images of Font symbols in scalable (vector) format documents (e.g. EPS, SVG or PDF) and use to create bitmap images (e.g. JPEG, TIFF, PNG, WEBP) without granting others the right to edit the document using the File fonts. The Font File itself may not be provided to anyone else. End Users have the right, but are not obligated, to purchase separate licenses. The use of such images (documents) by the End User without obtaining a separate license will be legal, provided that it meets the conditions and restrictions specified in this Agreement. For example, you can create a logo using images of font symbols and transfer them to third-party customers (hereinafter referred to as End Users), but End Users receive no rights to use or receive Font files.
2.1.5 Licensee has the right to use Fonts in documents, websites and mobile applications in the form of raster images (JPEG, TIFF, PNG, WEBP).
2.1.6. Licensee has the right to use the Font symbols on websites using the @font-face selector in CSS files, provided that, firstly, the Font is used to design websites using the @font-face mechanism, and the text of the CSS and the code of the site pages include information about the origin and copyright of the Font, as provided in the HTML/CSS examples supplied with the Font, secondly, the Font is used only on websites whose domain names belong to the Licensee, thirdly, the Font is used in interactive web applications that allow visitors to enter or edit text with the Font, but only if the application does not allow users to use the Font outside the website, and fourth, the total number of views per month on all Licensee Websites that use the Font is unlimited. The number of views is defined as the loading of the Web site page when the visitor navigates to it. The views also include reloading the page, updating AJAX sites, sending data using the hit method (requesting a web server to retrieve the file).
2.1.7. The right to use images of the Font in digital advertising is unlimited. The total impression, from all Digital Advertisements is unlimited. The number of impressions is defined as the loading of the Digital Advertisement page when the visitor navigates to a page, where it located. The views also include reloading the page, updating AJAX sites, sending data using the hit method (requesting a web server to retrieve the file).
2.1.8. The licensee has the right to create unlimited audiovisual work using the Font. The licensee is permitted to use images of the Font symbols to create any inscriptions in audiovisual works, including but not limited to movies, films, commercials, music videos, video broadcasts, and TV shows. An audiovisual work includes the release of a program, a TV series episode, a movie, or a video posted on platforms such as YouTube and Vimeo.
2.1.9. If the Licensee allows a third party to use the Font to create Digital Advertisements or Audiovisual works on its behalf, the Licensee agrees to the following:
- a) The third party will use the Font solely to create Digital Advertisements or Audiovisual works on the Licensee’s behalf.
- b) The Licensee will inform the third party of the terms of this Agreement.
- c) The Licensee will ensure that the third party destroys their copy of the Font upon completing its use on the Licensee’s behalf.
- d) The Licensee will remain responsible for all actions and omissions of the third party concerning their use of the Font.
2.1.10. Licensee has the right to reproduce and install the Font on a Licensed Server to combine the Font into “Premade product” and install the product on a Licensed Server owned or managed by a single legal entity or individual. This includes embedding the Font in software installed on a server or using it on a development server for internal use only. The installation of the Font shall only be used, first, to create or allow End Users to create Embedded Documents as Commercial or Non-Commercial Products with Printing Rights and Viewing Rights as well as Editing Rights, secondly, distribute such Embedded Documents to End Users, and third, grant End Users the right to Use the Font to print, view and edit the Embedded Documents. “Premade product” are templates/products for sale. The right to use fonts on “Premade products” is up to 3 (three) products and the number of servers permitted to install fonts must not exceed 1 (one). The Font must be embedded in a way that prevents extraction or use outside of the document or Licensee’s server.
2.1.10.1 Licensee has the right to reproduce the Font symbols on any surface, including paper, billboards, and clothing, without limitation on print run. Font symbols may be embedded in scalable (vector format) documents (e.g., EPS, SVG or PDF) and bitmap images (e.g., JPEG, TIFF, PNG) without granting others the right to edit these documents using the Font files. The Font files themselves may not be provided to others. For example, invitation designs may be created using Font symbols and transferred to third party customers (hereinafter referred to as End Users), but End Users receive no rights to use or receive Font files.
2.1.11. Licensee has the right to reproduce the Font by embedding it in an unlimited number of electronic publications. Embedding must ensure that the end user of the electronic publication does not have free access to the Font and cannot download, install, or use it outside the electronic publication. The Font can be embedded only in files that provide protection against unauthorized access by encryption or obfuscation, including but not limited to formats such as PDF, EPUB 2.01, EPUB 3, and KF8. The Font should not be installed in the operating system of the device using the electronic publication.
2.1.12. When transferring images or documents with embedded Font symbols to an End User, the Licensee must notify the End User that the Licensor holds the copyright to the Font and inform them of the usage restrictions specified in this Agreement, including the prohibition on editing. To prevent claims against the End User, the Licensee must provide the Licensor with the End User’s information and a copy of the image or document. The End User is not obligated to purchase a separate license. The use of such an image or document by the End User without a separate license will be lawful, provided that the conditions and restrictions of this Agreement are met, including the prohibition on transferring Font files.
2.1.13. Licensee has the right to distribute copies of media of reproduced characters of the Font, except for those that fall within the limits specified in this Agreement
2.1.14. Licensee has the right to modify the Font symbols, provided that the Licensee (and the End User, subject to clause 2.1.12. of this Agreement) has the right to import the Font symbols into a graphics editor and change their graphics.
2.1.15. Licensee has the right to publicly display images of the Font symbols, except where restricted by this Agreement.
2.1.16. Licensee has the right to make a reasonable number of backups of the Font solely for archival purposes, provided that the Licensee retains control of such copies. Any backups made must contain the same copyright, trademark, and other proprietary notices included with the Font.
- Restrictions on Use
3.1. Using the Font files in mobile applications is prohibited.
3.2. Using the Font files in video games is prohibited.
3.3. Distributing the Font files with hardware or software is prohibited.
3.4. Modifying, renaming, changing the character composition, rebuilding, or otherwise altering the Font is prohibited.
3.5. Copying the Font is prohibited, except in the cases specified in this document.
3.6. Distributing the Font to the public is prohibited. The Licensee may not post, install, or use the Font files on computers, mobile devices, servers, web servers, or websites of other companies or individuals. They may not place the Font files on the Internet, lend them, rent them, or transfer them to another user, unless the entire set of delivery, including the Font file, license rights, usage manual, printed materials, and backup copies, is fully transferred. In this case, the Licensee must destroy all copies of the Font and its documentation in their possession and notify the Licensor in writing of the change of licensee.
3.7. Reproducing images of Font symbols in raster and/or vector formats (documents) is allowed, subject to the restrictions provided in this Agreement.
3.8. Except as otherwise provided in this Agreement, individuals who have not entered into a Licensing Agreement with the Licensor may not distribute goods, works, or services containing the Font, the rights to which belong to the Licensor.
3.9. The rights granted in this Agreement are provided to the Licensee without the right to transfer or assign them to other individuals, except as provided in paragraph 3.6. above.
- Liability
4.1. If the Licensee violates any clause of this Agreement, the Licensor has the right to unilaterally terminate the Agreement. Upon receiving written or electronic notification, the Licensee must destroy all copies of the Font and its relevant documentation. Retaining or using the Font thereafter will be considered a violation of exclusive rights.
4.2. If the Font becomes available on computers, mobile devices, servers, web servers, or websites of other individuals due to the actions or omissions of the Licensee, the burden of proving the inadvertency of such actions lies with the Licensee.
4.3. Using the Font without a valid license agreement, outside the scope of this agreement, or for any other violation of exclusive rights will result in corresponding liability as stipulated by applicable law.
- Warranties
5.1. The Font is provided without any express or implied warranties from the Licensor, including but not limited to, commercial warranties and warranties of fitness for any particular use. The Licensor shall not be liable for any damages resulting from the use or inability to use the Font, nor for the provision or lack of support services related to the use of the Font.
5.2. If you encounter problems with the Font, we will work with you to the best of our ability to resolve these technical issues. The Font may only be returned if found defective within 30 days of purchase.
5.3. In no event will the copyright holder be liable for any consequential or incidental damages, including but not limited to, lost revenue, profits, goodwill, or savings, nor for any claims made by third parties.
- Term of the Agreement
6.1. This Agreement is valid for the duration of the exclusive right to the Font and applies to all countries worldwide.