Desktop License – End User License Agreement This Desktop License – End User License Agreement ‘EULA’ is a legally binding contract between ‘You’ – The Customer and The Designers Foundry Ltd – ‘The Designers Foundry.’ By purchasing a License and downloading Font Software from The Designers Foundry, You agree that You have fully read, understood and agreed to the terms and conditions of this EULA. If You do not agree to all the terms and conditions of this EULA, You are not authorised to purchase a Desktop License, download and use any Font Software from The Designers Foundry. You are purchasing a non-exclusive License. Desktop License Definition The Desktop License grants You permission to use the Font Software to create visual content in desktop applications such as Adobe InDesign, Illustrator or Photoshop. Content such as (for example, but not limited to): graphic designs, branding, advertising, artwork, book covers, clothing designs, business cards, logos, magazines, signage, packaging, posters or other printed designs. You are permitted to use Font Software on websites via flattened static images only (JPEG, PNG, etc.). The Desktop License can be used to create content to represent yourself, an event, place, product, brand, company, or another person(s) in ways that will result in financial or material gains. Treat as Confidential You agree to treat the Font Software as confidential information. You are not permitted to copy, reproduce, transfer, sell, license, lend, file share, lease, sub-license or distribute any Font Software downloaded from The Designers Foundry. Failure to comply with this will result in legal action against you. You agree not to edit, modify, reformat, translate, hack or otherwise discover the Font working files. You agree not to alter the copyright notices as contained in the Font Software code. Any manipulation, violation of use, or Font pirating activity will result in legal action and prosecution. You agree to not recreate or base your own Font on The Designers Foundry Font Software character designs. Grant of License, Installation and Number of Users Upon adding Fonts to your cart and completing the checkout process, The Designers Foundry supplies You a non-exclusive and non-transferable license to use the Font Software on the number of workstations determined by the number of Licenses You have selected. For example “Up to 2 computers” license permits You to install the licensed Font Software on up to 2 devices owned by a single person or company/organisation at one (1) geographical location. Font Software is not permitted to be shared between different companies, organisations, staff, work colleagues, friends, family, fellow students. Font Software is not permitted to be shared via any form of network or server unless requested. A license can only be owned and used by one identity. Percentage based discounts are offered when licensing for more users. When completing the “Licensee” information please state your name or the name of the client or project where the font will be used. Format and Software Font Software is supplied in the following formats: .OTF. You are not permitted to convert the format of the Font Software or edit the working file of the Font Software. If you require the Font Software to be .TTF please purchase a license and request this via email. Back-up Copies You may make one copy of the Font Software for back-up purposes only. We request that you store this in a secure location on an offline hard drive, on a disc or in a private and secure cloud storage facility. Third Parties/ Service Bureau/Printer Use You are not permitted to use and/or share Desktop Licenses and the Font Software between users or third parties. Each person/company who will use the Font Software must have a valid License in their name. We suggest converting all text to outlines before supplying files to third parties for printing or production. If the third party is required to make changes, they must purchase their own license to do so. Exclusively Desktop Font Software When licensing a Desktop License, the Font Software supplied is exclusively for use in desktop applications such as Adobe Illustrator, Photoshop, InDesign or other desktop applications/programs for the use of the listed Licensee only. If in doubt please contact us. Physical Goods Use of our Font Software on physical products such as clothing, packaging or other products is permitted. Font Software from The Designers Foundry can be used to produce up to 250,000 physical units as long as You follow all other requirements of this EULA. Should you need to produce over 250,000 physical units please contact The Designers Foundry for a license extension. The creation of physical products or items for sale or distribution that are essentially plain letterforms from the Font Software is prohibited. Prohibited products include but are not limited to: stamps, stencils, temporary tattoos, real tattoos, alphabet stickers, alphabet toys, educational alphabet products, house numbers, individual alphabet letters or any words/quotes made from any material at a 3D form. Laser or water jet-cut letters, glass or wall decals, and wall art are also prohibited. License extensions are available to permit these banned uses. Please email us – Hi@TheDesignersFoundry.com Use on the Internet Desktop License Font Software is not permitted to be used on the Internet as dynamic (selectable) text. The only way You may use the Font Software online is via static images such as .jpg, .png or .gif file types. You are not permitted to convert our Font Software to be used online. WebFont Licenses are available for the use of Font Software via @font-face. Mobile Applications, Video Games, e-Books, Software and Hardware The use of Desktop Licensed Font Software excludes the use in mobile applications, video games, e-books, Software, devices and all other electronic programs, applications and interfaces. You may not embed or include Font Software in products such as applications for iOS (Apple), Android, Mobile Windows, video games or computer-based Software or hardware. The Font Software must not be used in any form of digital interface or operating system such as (but not limited to) e-books, mobile phones, personal computers, electronic kiosks, gaming consoles, television interfaces, mobile applications, websites, or any other screen-based interface. License extensions are available to permit these banned uses. Please email us – Hi@TheDesignersFoundry.com Broadcasting, Television, Movies and Documentaries The use of Font Software in cartoons, movies, feature films, television shows, special broadcasts, streaming service video content and documentaries is not permitted. Please contact us to purchase a Broadcasting / Gaming License extension. The Desktop License permits the usage of Font Software in video advertisements displayed online, network television or digital billboards. Other Restricted Uses You are not permitted to supply the Font Software as a font option when third parties of your website, application, kiosk or service are designing a document, image, product or web page. The use of Font Software in blasphemous material, illegal pornographic material, criminally deceptive material, dishonest material, anti-gay material, racist material or in any illegal industry of any kind / general malicious or hate activities is not permitted ever. Warranty and Refunds The Designers Foundry warrants that the Font Software will function correctly for a 45 day time period after downloading Font Software. If the Font Software does not function correctly, You must contact The Designers Foundry within 45 days of purchase to arrange replacement of the Software. All orders are final. Due to the nature of digital Font Software, The Designers Foundry does not offer refunds. This is a standard term for digital product retailers. No exceptions can be made as we have no way to know if the software is not still in your possession. Ownership and Editing Software Font Software for License on The Designers Foundry is the exclusive property of The Designers Foundry and/or the Designer listed on each typeface product page or as per the embedded copyright information in the software. The Designers Foundry hosts the licensing and distribution on behalf of the Designers. The Font Software is not sold to You. The Designers Foundry provides You the ability to purchase a non-exclusive License, which permits You to use Font Software according to our EULA. The Font Software remains property of the respective Designer always. Only The Designers Foundry and the respective Designer are permitted to edit or modify the Font Software. You are not permitted to copy, redesign or modify any Font Software from The Designers Foundry and distribute it to third parties or use it yourself. You agree that the construction, organisation and design of the characters within the Font Software are the exclusive property of each Font’s respective Designer. You acknowledge that all Font Software is internationally protected under the Digital Millennium Copyright Act, Trademark Laws, Copyright Laws and locally enforced laws. Guarantee and Responsibility The Designers Foundry cannot guarantee the performance or results You may achieve by using any Font Software licensed from The Designers Foundry. You agree you are using the Font Software at your own risk. In no event under any circumstances can The Designers Foundry or the Designer of any Font Software be held responsible for any indirect, direct, incidental, special, punitive, or consequential damages in any form, including lost profits, legal action against you, lost money, lost material assets, failure of business performance or business interruption. The Designers Foundry holds no responsibility for the manner in which Customers use Font Software licensed from The Designers Foundry. The Designers Foundry does not guarantee that the use of the Font Software will be unobstructed, uninterrupted or error-free. The Designers Foundry cannot guarantee that Font Software is without construction errors, blemishes, mistakes or any fault of any kind. In no event can The Designers Foundry or any employee, contractor, owner or Designer be held responsible for construction errors, blemishes, mistakes or any fault of any kind in Font Software. In no event can The Designers Foundry or any employee, contractor, owner or Designer be held responsible for personal injury or property damage of any possible nature resulting from the use of the Font Software. If you find an error with our fonts, please let us know and we will do our best to fix it for you as soon as we can. Violation and Termination Violation of the terms of this EULA will instantly cause your License to be terminated and legal action will be taken against You in a court of law to cover all damages. In the event of termination, You must delete the Font Software and assure no copies of the Font Software are in your possession or in use. The Designers Foundry reserves the right to terminate your License at any time if You violate any of the terms of this EULA. Location, Venue and Choice of Law The Designers Foundry office is located in New Zealand and this EULA will be governed and construed exclusively by the Laws of New Zealand. You agree to the exclusive jurisdiction of the New Zealand courts when using this website and any Font Software licensed from The Designers Foundry. We are a New Zealand based company exporting software all around the world. New Zealand based customers must contact The Designers Foundry to purchase with GST and in NZD. Indemnification Each party must indemnify and hold harmless the other, and their officers, directors, employees and agents, against any and all costs, expenses, liabilities, injuries, losses, damages, claims, demands and judgments that either party incurs as a consequence of either party’s breach of this Agreement. This indemnification obligation survives termination of this Agreement. Changes to the EULA As The Designers Foundry operates in a changing technological environment, The Designers Foundry reserves the right to adjust the EULA at any time. Changes will be effective instantly upon posting of the amended EULA to our website. You are responsible for ensuring You have read the latest EULA at your time of licensing. Your use of TheDesignersFoundry.com and Font Software represents that You agree to the EULA as amended. No Previous EULA or Other Agreements This EULA is the complete agreement between You and The Designers Foundry. It overrides any prior EULA and any other communications relating to the subject matter of Agreement and Font licensing. No other versions of this EULA or other agreements stating different terms can be enforceable against The Designers Foundry in the absence of a written amendment and consent from The Designers Foundry, including a written waiver of the affected terms of this Agreement. If any term(s) of this EULA is declared by a court of law to be incorrect or unenforceable, the remaining terms of this EULA will still have full merit. You agree The Designers Foundry may modify the incorrect term(s) to meet the requirements of the law to enable the desired intent of the incorrect term(s). Our Licenses The Designers Foundry trusts You will respect our vision of empowering the whole industry with affordable typography and will order the correct License for the correct number of users. Regardless, The Designers Foundry does manually inspect all orders received on a daily basis. If we believe You have purchased the incorrect License we reserve the right to contact You to confirm the correct use of the Font Software. Glossary: You: The Customer. This represents You, the Individual representing themselves or a Company or Organization that is purchasing a License with the intention of downloading, installing and using Font Software. You/The Customer must agree to all terms and conditions of the EULA. The Designers Foundry: This represents The Designers Foundry Ltd., TheDesignersFoundry.com, The Designers Foundry as itself or any person(s) acting on behalf of The Designers Foundry. The Designers Foundry is an online store that hosts Font Software for Designers so they can be licensed, downloaded and installed by You. Font Software: A group of electronic data files containing a set of glyphs, characters, information or symbols in various formats. Formats of Software include but are not limited to .OTF. Designer/Designers: The Individual, Individuals or Company supplying The Designers Foundry Font Software. (In some cases The Designers Foundry may produce the Font Software on the Designer’s behalf with their permission to be Licensed on The Designers Foundry.) Desktop License: The Desktop License is the strict End User License Agreement (EULA) in which You may use Font Software from The Designers Foundry. You License the use of the Font Software according to the terms and conditions set in the EULA. EULA/End User License Agreement: The Agreement that You must read, understand and agree to in order to purchase a License for Font Software. The EULA enforces the limitations and permitted uses of Font Software. The EULA is a legally binding contract between You and The Designers Foundry. NOTE: THE NUMBERINGS OF THE VARIOUS SECTIONS ARE FOR CONVENIENCE ONLY AND SHALL NOT AFFECT OR CONTROL THE INTERPRETATION AND ENFORCEMENT OF THIS EULA. ANY ERRORS IN SPELLING OR GRAMMAR MAY NOT BE USED AGAINST THE DESIGNERS FOUNDRY. THE SUPPLIED GLOSSARY IS FOR REFERENCE ONLY AND THE DESIGNERS FOUNDRY RESERVES THE RIGHT TO EXPLAIN AND ADJUST ANY MISINTERPRETATION OF TERMS OR INCORRECT TERMS GIVEN IN THIS EULA. ALL PRICES AND PAYMENTS ON THIS WEBSITE ARE IN USD. THE DESIGNERS FOUNDRY HAS NO CONTROL OVER CURRENCY CONVERSIONS OR YOUR BANK FEES WHEN PURCHASING FROM US. ALL TRANSACTIONS SHOULD SHOW ON YOUR STATEMENT AS 'TDFOUNDRY' or similar. COPYRIGHT © THE DESIGNERS FOUNDRY LTD. REGISTERED IN NEW ZEALAND. “The Designers Foundry” is trademarked. Illustrator, Photoshop and InDesign are registered trademarks of Adobe Systems, Inc., Microsoft Office is a registered trademark of Microsoft Corporation, Apple Safari, iOS are registered trademarks of Apple Inc., Google Chrome is a registered trademark of Google Inc. and Mozilla Firefox is a registered trademark of Mozilla Foundation/Mozilla Corporation. Last updated: 29 March 2022