End User License Agreement
Font Software For Applications End User License Agreement.
WE RECOMMEND THAT YOU PRINT THIS FONT SOFTWARE FOR APPLICATIONS END USER LICENSE AGREEMENT FOR FURTHER REFERENCE.
This Font Software For Applications End User License Agreement (the Agreement) is a legal agreement between you and Storm Type Foundry that governs the use of the Font Software that you license from a Storm Type Foundry affiliated website, and which are accompanied by or refer to this Agreement. This Agreement becomes a binding contract between you and Storm Type Foundry when you click on the area marked ACCEPT LI-CENSE AGREEMENT, or similar language or when you accept the Agreement by other means (for instance referring to the Agreement in a purchase order, a confirmation email etc.). If you do not wish to be bound by the Agreement, you cannot access, Use or download the Font Software. Please read this entire Agreement before agreeing to be bound. The Agreement contains capitalized terms that are defined in Section 9 of the Agreement.
You hereby agree to the following:
1. Binding Agreement. You are bound by the Agreement and you acknowledge that all use of the Font Software supplied to you by Storm Type Foundry for the purposes set forth under this Agreement is governed by this Agreement.
2. License Grants. You are hereby granted, during the Term and subject to all of the terms and conditions herein, a worldwide (subject to the Export section of Storm Type Foundry's standard Terms and Conditions of Business), non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to:
incorporate the Font Software into an iOS, Android or Windows Phone Application, in a manner in which the Font Software cannot be fully or partially extracted, provided (i) that the Application does not allow End Users to use the Font Software for authoring purposes (e.g. in an Applica-tion that provides office functionality such as word processing or presentation design or that allows users to create graphic designs or merchandis-ing) and/or (ii) its primary purpose is not to replace the Font Software;
duplicate the Font Software as an integral part of any such Application;
distribute the Font Software, directly or indirectly, as an integrated component of any such Application; and
Make backup copies of the Font Software, provided that such copies are for your internal back up purposes only and remain in your exclusive control. Any copies that you are expressly permitted to make pursuant to this Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Font Software.
Trademarks. Although use of the Trademarks is not required, if you elect to do so, you may use the Trademarks (i) in your advertising, publicity, literature, packaging and other promotional activities in connection with the Font Software incorporated into your products or materials, and (ii) to identify the Font Software that is/are embedded in or accessed through your products or materials as permitted by this Agreement, in each case subject to the requirements set forth at http://www.stormtype.com/legal/trademarks/guidelines/. You acknowledge that Storm Type Foundry or its licensors own all right, title and interest in and to the Trademarks.
All rights not expressly granted in this Agreement are reserved to Storm Type Foundry.
3. License Limitations and Reporting.
The maximum number of separate and distinct Applications into which the Font Software may be incorporated during the Term may not exceed the number of Applications indicated in your Account or transaction documentation such as a quotation or an invoice when licensing the Font Software. For avoidance of doubt, a version of an Application that does not have unique functionality beyond the scope of a previously released Application and is not licensed or marketed under a new name shall not be considered a new Application.
If any Application requires its users to register to install and/or use it, all of your licensed Applications may only be distributed up to, in the aggre-gate, 25,000 registered users.
Businesses or organizations such as advertising agencies, design agencies or hosting providers that are responsible for multiple clients' Applications must enter into separate Agreements for each client's Applications.
You have licensed rights in this Agreement that may be subject to certain limitations in volume, which are reflected in your Account or in your transaction documentation such as a quotation or an invoice. You are obligated to maintain records with respect to your Use of the Font Software against such licensed amounts and Storm Type Foundry has the right to ask you, from time to time, to provide information regarding such Use amounts and/or to fully document and certify that Use of any and all Font Software at the time of the request is in conformity with your valid licenses from Storm Type Foundry, which you shall provide to us within 30 days of our request. In the event your Use of the Font Software exceeds your licensed amounts, you agree to license from Storm Type Foundry the necessary additional amounts and pay any fee associated with such increase.
4. Restrictions on Use. You may not:
Transfer your license rights in the Font Software, except as expressly provided herein. You may transfer all your rights to use the Font Software to another person or legal entity provided that (i) the transferee accepts and agrees to be bound by all the terms and conditions of the Agreement, (ii) you destroy all copies of the Font Soft-ware, including all copies stored in the memory of a hardware device and (iii) there is no change to the intent or scope of the rights granted by this Agreement as a result of such transfer.
Rent, lease, sublicense, give, lend, or further distribute the Font Software, or any copy thereof, except as expressly provided herein.
Modify the Font Software in any way, including to create, directly or indirectly, Derivative Works from the Font Software or any portion thereof (except as otherwise specifically set forth herein). If the Font Software contains embedding bits that indicate that the Font Software is only author-ized for certain purposes, you may not change or alter the embedding bits.
Embed the Font Software in open source software which may have the direct or indirect effect of causing the Font Software to become Publicly Available Software or otherwise be subject to a Publicly Available Software agreement.
5. Intellectual and Industrial Property Rights.
You agree that the Font Software is protected by the copyright law or other intellectual and industrial property rights of the Czech Republic, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties.
You agree that Storm Type Foundry and or/its licensors own all right, title and interest in and to the Font Software, its structure, organization, code, and related files, including all intellectual and industrial property rights therein such as copyright, design and trademarks rights.
You agree that the Font Software, its structure, organization, code, and related files are valuable property of Storm Type Foundry and/or its licensors and that any intentional or negligent Use of the Font Software not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights.
All rights in and to the Font Software, including unpublished rights, are reserved under the copyright laws of the Czech Republic and other jurisdic-tions.
6. Limited Warranty; Limitation of Liability. Storm Type Foundry warrants to you that the Font Software will effect a faithful reproduction of the underlying typeface design which is of a quality consistent with industry standards. To make a warranty claim, you must notify Storm Type Found-ry in text form within the Warranty Period, which could include via an email to sales@stormtype.com and provide sufficient information regarding your licensing of the Font Software so as to enable Storm Type Foundry to verify the existence and date of the transaction. The entire, exclusive and cumulative liability and remedy shall be that Storm Type Foundry will use reasonable efforts to cause the Font Software to effect a faithful reproduction of the underlying typeface design which is of a quality consistent with industry standards as soon as commercially practica-ble. Storm Type Foundry DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR STORM TYPE FOUNDRY'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, STORM TYPE FOUNDRY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL STORM TYPE FOUNDRY BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF STORM TYPE FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF STORM TYPE FOUNDRYHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Term and Termination. This Agreement shall remain in place for the length of the Term set forth in your Account or transaction document, such as an invoice or email. This Agreement shall automatically renew for additional terms of equal length to the initial Term, unless either party pro-vides the other party with written notice of termination before the end date of the then-current term. Upon failure by you to comply with the terms of this Agreement, Storm Type Foundry shall be entitled to terminate this Agreement upon notice by regular mail, paid carrier or email. Upon termination of the Agreement, you must destroy the original and any and all copies of the Font Software. The termination of the Agreement shall not preclude Storm Type Foundry from suing you for damages of any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Storm Type Foundry The rights of a recipient of an Application generated pursuant to this Agreement shall survive the termination of this Agreement. All other license rights granted to you in this Agreement shall end with the termination of this Agreement.
8. Terms and Conditions. You have separately agreed to Storm Type Foundry's standard Terms and Conditions of Business.
9. Definitions:
Account means your account at the Storm Type Foundry affiliated website through which you purchased the Font Software license that is subject to the terms of this Agreement (www.stormtype.com).
Application means a separate and distinct stand-alone product that is distributed as software only, which runs on an iOS, Android or Windows Phone platform and (i) is not embedded into hardware of any kind, (ii) is not a platform or operating system that can run other software programs, (iii) which is not Publicly Available Software or integrated in such software and (iv) is made available by you to End Users either directly or through a distributor.
Derivative Work means a work, including but not limited to software or data based upon or derived from the Font Software (or any portion of Font Software) in any form in which such software or data may be recast, transformed, or adapted including, but not limited to, binary data in any format into which Font Software may be converted.
End User(s) means an individual or entity which downloads an Application to run on a platform designed to run such Application.
Font Software means software or instructions which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Font Software shall include all Subsets and bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. Font Software includes upgrades or updates (each of which may be provided to you by Storm Type Foundry in its sole discretion), related files, permitted modifications, permitted copies, and related documentation.
Publicly Available Software means a) any software that contains, or is derived in any manner (in whole or in part) from, any software that is dis-tributed as free software, open source software (e.g. Linux) or similar licensing or distribution models; and (b) any software that requires as a condition of use, modification and/or distribution of such software that such software or other software incorporated into, derived from or distrib-uted with such software (i) be disclosed or distributed in source code form, (ii) be licensed for the purpose of making Derivative Works, or (iii) be redistributable at no charge.
Term means the length of time this license will remain in place as set forth in your Account or in your transaction documentation such as a quota-tion or an invoice.
Trademarks means the trademark as set forth at http://www.stormtype.com/legal/trademarks/guidelines for each piece of Font Software licensed under this Agreement or under which Storm Type Foundry markets the Font Software.
Warranty Period means the period of validity of the warranties given by Storm Type Foundry in this Agreement. Storm Type Foundry's standard Warranty Period is ninety (90) days from delivery.
End User License Agreement
Font Software For Desktop End User License Agreement.
WE RECOMMEND THAT YOU PRINT THIS FONT SOFTWARE FOR DESKTOP END USER LICENSE AGREEMENT FOR FURTHER REFERENCE.
This Font Software For Desktop End User License Agreement (the Agreement) is a legal agreement between you and Storm Type Foundry (STF) that governs the use of the Font Software that you license from a Stormtypes affiliated website, and which are accompanied by or refer to this Agreement. This Agreement becomes a binding contract between you and Storm Type Foundry when you click on the area marked ACCEPT LI-CENSE AGREEMENT, or similar language or when you accept the Agreement by other means (for instance referring to the Agreement in a purchase order, a confirmation email etc.). If you do not wish to be bound by the Agreement, you cannot access, Use or download the Font Software. Please read this entire Agreement before agreeing to be bound. The Agreement contains capitalized terms that are defined in Section 9 of the Agree-ment.
You hereby agree to the following:
1. Binding Agreement. You are bound by the Agreement and you acknowledge that all use of the Font Software supplied to you by Storm Type Foundry for the purposes set forth under this Agreement is governed by this Agreement.
2. License Grants. You are hereby granted, subject to all of the terms and conditions herein, a worldwide (subject to the Export section of Stormtype’s standard Terms and Conditions of Business), non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to allow your Licensed Desktop Users to:
install the Font Software on such Licensed Desktop User’s Workstation(s);
install the Font Software on a Server on which the Font Software may only be accessed by your Licensed Desktop Users;
Use the Font Software on such Workstations or via such Server to:
(i) create, edit, view, print and distribute materials, provided that, (a) if you distribute such materials, the materials do not contain the Font Soft-ware, and (b) if you create a static graphic image with a representation of a typeface and typographic design or ornament, such static graphic image does not correspond to glyphs or glyph combinations of the Font Software which are individually addressed by software, a website, a hard-ware device or other means to render such designs and ornaments; and/or
(ii) embed the Font Software into Electronic Documents and duplicate the Font Software as an integrated part of any such Electronic Document, provided that Electronic Documents with embedded Font Software may only be distributed if (a) they are not Commercial Electronic Documents and (b) the Font Software cannot be fully or partially extracted from such Electronic Documents. (For distribution rights of Commercial Electronic Documents with embedded Font Software, a Commercial Electronic Document license is required); and
make backup copies of the Font Software, provided that such copies are for your internal backup purposes only and remain in your exclusive con-trol. Any copies that you are expressly permitted to make pursuant to this Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Font Software.
Commercial Printers. You may embed the Font Software in an Electronic Document solely for print and view and provide such Electronic Document to a commercial printer for printing only. You may take a copy of the Font Software used for a particular Electronic Document to a commercial printer provided that the printer represents to you that it has purchased or been granted a license to use that particular Font Software.
Trademarks. Although use of the Trademarks is not required, if you elect to do so, you may use the Trademarks (i) in your advertising, publicity, literature, packaging and other promotional activities in connection with the Font Software incorporated into your products or materials, and (ii) to identify the Font Software that is/are embedded in or accessed through your products or materials as permitted by this Agreement, in each case subject to the requirements set forth at http://www.stormtype.com/legal/trademarks/guidelines/ You acknowledge that Storm Type Foundry or its licensors own all right, title and interest in and to the Trademarks.
All rights not expressly granted in this Agreement are reserved to Storm Type Foundry
3. License Limitations and Reporting.
The maximum number of Licensed Desktop Users who may exercise the rights granted to you on your behalf may not exceed the number of Li-censed Desktop Users indicated in your Account or transaction documentation such as a quotation or an invoice when licensing the Font Software. You are responsible for compliance with the terms of this Agreement by all such Licensed Desktop Users.
You have licensed rights in this Agreement that may be subject to certain limitations in volume, which are reflected in your account or in your transaction documentation such as a quotation or an invoice. You are obligated to maintain records with respect to your Use of the Font Software against such licensed amounts and Storm Type Foundry has the right to ask you, from time to time, to provide information regarding such Use amounts and/or to fully document and certify that Use of any and all Font Software at the time of the request is in conformity with your valid licenses from Stormtype, which you shall provide to us within 30 days of our request. In the event your Use of the Font Software exceeds your licensed amounts, you agree to license from Storm Type Foundry the necessary additional amounts and pay any fee associated with such increase.
4. Restrictions on Use. You may not:
Transfer your license rights in the Font Software, except as expressly provided herein. You may transfer all your rights to use the Font Software to another person or legal entity provided that (i) the transferee accepts and agrees to be bound by all the terms and conditions of the Agreement, (ii) you destroy all copies of the Font Software, including all copies stored in the memory of a hardware device and (iii) there is no change to the intent or scope of the rights granted by this Agreement as a result of such transfer.
Rent, lease, sublicense, give, lend, or further distribute the Font Software, or any copy thereof, except as expressly provided herein.
Modify the Font Software in any way, including to create, directly or indirectly, Derivative Works from the Font Software or any portion thereof (except as otherwise specifically set forth herein). If the Font Software contains embedding bits that indicate that the Font Software is only author-ized for certain purposes, you may not change or alter the embedding bits.
Embed the Font Software in open source software which may have the direct or indirect effect of causing the Font Software to become Publicly Available Software or otherwise be subject to a Publicly Available Software agreement.
5. Intellectual and Industrial Property Rights.
You agree that the Font Software is protected by the copyright law or other intellectual and industrial property rights of the Czech Republic, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties.
You agree that Storm Type Foundry and or/its licensors own all right, title and interest in and to the Font Software, its structure, organization, code, and related files, including all intellectual and industrial property rights therein such as copyright, design and trademarks rights.
You agree that the Font Software, its structure, organization, code, and related files are valuable property of Storm Type Foundry and that any intentional or negligent Use of the Font Software not expressly permitted by the Agreement constitutes an infringement of intellectual and indus-trial property rights.
All rights in and to the Font Software, including unpublished rights, are reserved under the copyright laws of the Czech Republic and other jurisdic-tions.
6. Limited Warranty; Limitation of Liability. Storm Type Foundry warrants to you that the Font Software will effect a faithful reproduction of the underlying typeface design which is of a quality consistent with industry standards. To make a warranty claim, you must notify Storm Type Found-ry in text form within the Warranty Period, which could include via an email to sales@stormtype.com and provide sufficient information regarding your licensing of the Font Software so as to enable Storm Type Foundry to verify the existence and date of the transaction. The entire, exclusive and cumulative liability and remedy shall be that Storm Type Foundry will use reasonable efforts to cause the Font Software to effect a faithful reproduction of the underlying typeface design which is of a quality consistent with industry standards as soon as commercially practicable. STORM TYPE FOUNDRY DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR STORM TYPE FOUNDRY’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, STORM TYPE FOUNDRY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL STORM TYPE FOUNDRY BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF STORM TYPE FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF STORM TYPE FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination. Upon failure by you or your Licensed Desktop User to comply with the terms of this Agreement, Storm Type Foundry shall be entitled to terminate this Agreement upon notice by regular mail, paid carrier or email. Upon termination of the Agreement, you must destroy the original and any and all copies of the Font Software. The termination of the Agreement shall not preclude Storm Type Foundry from suing you for damages of any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Storm Type Foundry.
8. Terms and Conditions. You have separately agreed to Storm Type Foundry’s standard Terms and Conditions of Business In the case of a conflict between Storm Type’s standard Terms and Conditions of Business and this Agreement, this Agreement shall control.
9. Definitions:
Account means your account at the Storm Type Foundry affiliated website through which you purchased the Font Software license that is subject to the terms of this Agreement (www.stormtype.com).
Commercial Electronic Document means an electronic document which may be distributed to the general public (or to some subset of the general public) as a commercial product for a fee or other consideration (for example, an e-book). For the avoidance of doubt, an electronic document that is created for one’s own internal use only or for distribution in a manner that is incidental to its business (for example an instruction manual that explains its product), is not considered a Commercial Electronic Document under this Agreement.
Derivative Work means a work, including but not limited to software or data based upon or derived from the Font Software (or any portion of Font Software) in any form in which such software or data may be recast, transformed, or adapted including, but not limited to, binary data in any format into which Font Software may be converted.
Electronic Document means an electronic document or data file, for example a .pdf manual or an e-book, which is created by Use of the Font Soft-ware.
Font Software means software or instructions which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Font Software shall include all Subsets and bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. Font Software includes upgrades or updates (each of which may be provided to you by Storm Type Foundry in its sole discretion), related files, permitted modifications, permitted copies, and related documentation.
Licensed Desktop User means any user up to the number of individuals who may exercise the license grants to the Font Software under this Agreement, as indicated in your Account or transaction documentation such as a quotation or an invoice, whether or not such user does actually exercise such rights. Licensed Desktop Users must be your employees. The number of Licensed Desktop Users shall be counted regardless of wheth-er and when actual Use occurs and thus equal the total of all individuals who are authorized and can potentially Use the Font Software during the Term (non-concurrent use).
Publicly Available Software means a) any software that contains, or is derived in any manner (in whole or in part) from, any software that is dis-tributed as free software, open source software (e.g. Linux) or similar licensing or distribution models; and (b) any software that requires as a condition of use, modification and/or distribution of such software that such software or other software incorporated into, derived from or distrib-uted with such software (i) be disclosed or distributed in source code form, (ii) be licensed for the purpose of making Derivative Works, or (iii) be redistributable at no charge.
Server means any server that is either (a) maintained on your premises; (b) under your exclusive control; or (c) owned and controlled by a third party hosting service for your benefit, provided that you (i) have a written agreement regarding the Use and protection of the Font Software installed on such server, and (ii) shall remain responsible for any unauthorized access to and security of the Font Software on such Server. Trademarks means the trademark as set forth at www.stormtype.com/legal/trademarks for each piece of Font Software licensed under this Agreement or under which Storm Type Foundry markets the Font Software.
Use of the Font Software shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software, regardless of the location in which the Font Software resides. Use of the Font Software shall also occur when the software or instructions are executed.
Workstation means 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.
Warranty Period means the period of validity of the warranties given by Storm Type Foundry in this Agreement. Stormtype’s standard Warranty Period is ninety (90) days from delivery.
End User License Agreement
Font Software For Digital Marketing Communications End User License Agreement.
WE RECOMMEND THAT YOU PRINT THIS FONT SOFTWARE FOR DIGITAL MARKETING COMMUNICATIONS END USER LICENSE AGREEMENT FOR FURTHER REFERENCE.
This Font Software For Digital Marketing Communications End User License Agreement (the Agreement) is a legal agreement between you and Storm Type Foundry that governs the use of the Font Software that you license from a Storm Type Foundry affiliated website, and which are accompanied by or refer to this Agreement. This Agreement becomes a binding contract between you and Storm Type Foundry when you click on the area marked ACCEPT LICENSE AGREEMENT, or similar language or when you accept the Agreement by other means (for instance referring to the Agreement in a purchase order, a confirmation email etc.). If you do not wish to be bound by the Agreement, you cannot access, Use or down-load the Font Software. Please read this entire Agreement before agreeing to be bound. The Agreement contains capitalized terms that are de-fined in Section 9 of the Agreement.
You hereby agree to the following:
1. Binding Agreement. You are bound by the Agreement and you acknowledge that all use of the Font Software supplied to you by Storm Type Foundry for the purposes set forth under this Agreement is governed by this Agreement.
2. License Grants. You are hereby granted, during the Term and subject to all of the terms and conditions herein, a worldwide (subject to the Export section of Storm Type Foundry’s standard Terms and Conditions of Business), non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to:
embed the Font Software into a Digital Marketing Communication in a manner in which the Font Software cannot be fully or partially extracted; or install the Font Software on a Server solely to generate content in a Digital Marketing Communication;
distribute or generate such Digital Marketing Communication, directly or indirectly, in each case for up to the number of Impressions indicated in your Account or transaction documentation such as a quotation or an invoice; and
make backup copies of the Font Software, provided that such copies are for your internal back up purposes only and remain in your exclusive control. Any copies that you are expressly permitted to make pursuant to this Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Font Software.
Permitted Derivative Works. You may (i) Use the Font Software in a production workflow or software tool where the production workflow or software tool outputs an outline representation of the glyphs of the Font Software, and (ii) utilize a software tool to output a Subset of the Font Software. Each Subset may be used solely for the purpose of exercising the rights granted to you in this Agreement. You acknowledge and agree that Storm Type Foundry owns all Subsets you create under the terms of this Agreement. Other than as expressly provided in this Section, you shall have no right to modify the Font Software or to create Derivative Works.
Trademarks. Although use of the Trademarks is not required, if you elect to do so, you may use the Trademarks (i) in your advertising, publicity, literature, packaging and other promotional activities in connection with the Font Software incorporated into your products or materials, and (ii) to identify the Font Software that is/are embedded in or accessed through your products or materials as permitted by this Agreement, in each case subject to the requirements set forth at http://www.stormtype.com/legal/trademarks/guidelines/. You acknowledge that Storm Type Foundry or its licensors own all right, title and interest in and to the Trademarks.
All rights not expressly granted in this Agreement are reserved to Storm Type Foundry
3. License Limitations and Reporting.
If your Digital Marketing Communication(s) Using the Font Software is accessed or distributed in excess of the number of Impressions licensed in your Account or transaction documentation such as a quotation or an invoice, you must either cease using the Font Software or purchase an ex-tended license from Storm Type Foundry or its authorized distributors.
If you allow a third party to Use the Font Software on your behalf to create Digital Marketing Communications, you agree that a) such third party will only use the Font Software to create Digital Marketing Communications on your behalf, b) you will make such third party aware of the terms of this Agreement, c) you will ensure that such third party destroys the Font Software upon completion of their Use of the Font Software on your behalf, and d) you shall remain responsible for all acts and omissions of such third party with regards to their Use of the Font Software.
Businesses or organizations such as advertising agencies, design agencies or hosting providers that are responsible for multiple clients’ Digital Marketing Communications must enter into separate Agreements for each clients Digital Marketing Communications.
You have licensed rights in this Agreement that may be subject to certain limitations in volume, which are reflected in your Account or in your transaction documentation such as a quotation or an invoice. You are obligated to maintain records with respect to your Use of the Font Software against such licensed amounts and Storm Type Foundry has the right to ask you, from time to time, to provide information regarding such Use amounts and/or to fully document and certify that Use of any and all Font Software at the time of the request is in conformity with your valid licenses from Storm Type Foundry, which you shall provide to us within 30 days of our request. In the event your Use of the Font Software exceeds your licensed amounts, you agree to license from Storm Type Foundry the necessary additional amounts and pay any fee associated with such increase.
4. Restrictions on Use. You may not:
Transfer your license rights in the Font Software, except as expressly provided herein. You may transfer all your rights to use the Font Software to another person or legal entity provided that (i) the transferee accepts and agrees to be bound by all the terms and conditions of the Agreement, (ii) you destroy all copies of the Font Software, including all copies stored in the memory of a hardware device and (iii) there is no change to the intent or scope of the rights granted by this Agreement as a result of such transfer.
Rent, lease, sublicense, give, lend, or further distribute the Font Software, or any copy thereof, except as expressly provided herein.
Modify the Font Software in any way, including to create, directly or indirectly, Derivative Works from the Font Software or any portion thereof (except as otherwise specifically set forth herein). If the Font Software contains embedding bits that indicate that the Font Software is only author-ized for certain purposes, you may not change or alter the embedding bits.
Embed the Font Software in open source software which may have the direct or indirect effect of causing the Font Software to become Publicly Available Software or otherwise be subject to a Publicly Available Software agreement.
5. Intellectual and Industrial Property Rights.
You agree that the Font Software is protected by the copyright law or other intellectual and industrial property rights of the Czech Republic, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties.
You agree that Storm Type Foundry and or/its licensors own all right, title and interest in and to the Font Software, its structure, organization, code, and related files, including all intellectual and industrial property rights therein such as copyright, design and trademarks rights.
You agree that the Font Software, its structure, organization, code, and related files are valuable property of Storm Type Foundry and/or its licensors and that any intentional or negligent Use of the Font Software not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights.
All rights in and to the Font Software, including unpublished rights, are reserved under the copyright laws of the Czech Repulic and other jurisdic-tions.
6. Limited Warranty; Limitation of Liability. Storm Type Foundry warrants to you that the Font Software will effect a faithful reproduction of the underlying typeface design which is of a quality consistent with industry standards. To make a warranty claim, you must notify Storm Type Found-ry in text form within the Warranty Period, which could include via an email to sales@stormtype.com and provide sufficient information regarding your licensing of the Font Software so as to enable Storm Type Foundry to verify the existence and date of the transaction. The entire, exclusive and cumulative liability and remedy shall be that Storm Type Foundry will use reasonable efforts to cause the Font Software to effect a faithful reproduction of the underlying typeface design which is of a quality consistent with industry standards as soon as commercially practicable. STORM TYPE FOUNDRY DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR STORM TYPE FOUNDRY’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, STORM TYPE FOUNDRY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL STORM TYPE FOUNDRY BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF STORM TYPE FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF STORM TYPE FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Term and Termination. This Agreement shall remain in place for the length of the Term set forth in your Account or transaction document, such as an invoice or email. This Agreement shall automatically renew for additional terms of equal length to the initial Term, unless either party pro-vides the other party with written notice of termination before the end date of the then-current term. Upon failure by you to comply with the terms of this Agreement, Storm Type Foundry shall be entitled to terminate this Agreement upon notice by regular mail, paid carrier or email. Upon termination of the Agreement, you must destroy the original and any and all copies of the Font Software. The termination of the Agreement shall not preclude Storm Type Foundry from suing you for damages of any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Storm Type Foundry
8. Terms and Conditions. You have separately agreed to Storm Type Foundry’s standard Terms and Conditions of Business.
9. Definitions:
Account means your account at the Storm Type Foundry affiliated website through which you purchased the Font Software license that is subject to the terms of this Agreement (www.stormtype.com).
Digital Marketing Communication means a piece of promotional or marketing content delivered via the internet. A Digital Marketing Communica-tion includes, but is not limited to, email advertisements, banner ads and display advertisements shown on websites, advertisements in web applications and advertisements in mobile applications.
Font Software means software or instructions which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Font Software shall include all Subsets and bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. Font Software includes upgrades or updates (each of which may be provided to you by Storm Type Foundry in its sole discretion), related files, permitted modifications, permitted copies, and related documentation.
Impression means either (i) a response, in which the Font Software or Subset(s) thereof is incorporated, from an ad or email delivery system to a request from a web or mobile browser or other application, or (ii) an opened ad or e-mail where the Font Software or Subset(s) thereof is delivered to the ad or e-mail client. Impressions must be recorded by a commonly accepted or recognized performance tracking system.
Publicly Available Software means a) any software that contains, or is derived in any manner (in whole or in part) from, any software that is dis-tributed as free software, open source software (e.g. Linux) or similar licensing or distribution models; and (b) any software that requires as a condition of use, modification and/or distribution of such software that such software or other software incorporated into, derived from or distrib-uted with such software (i) be disclosed or distributed in source code form, (ii) be licensed for the purpose of making Derivative Works, or (iii) be redistributable at no charge.
Server means any server that is either (a) maintained on your premises; (b) under your exclusive control; or (c) owned and controlled by a third party hosting service for your benefit, provided that you (i) have a written agreement regarding the Use and protection of the Font Software installed on such server, and (ii) shall remain responsible for any unauthorized access to and security of the Font Software on such Server.
Subset means a Derivative Work of the Font Software created by removing certain glyphs and/or characters therefrom.
Term means the length of time this license will remain in place as set forth in your Account or in your transaction documentation such as a quota-tion or an invoice.
Trademarks means the trademark as set forth at www.stormtype.com/legal/trademarks for each piece of Font Software licensed under this Agreement or under which Storm Type Foundry markets the Font Software.
Use of or Using the Font Software shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software, regardless of the location in which the Font Software resides. Use of the Font Software shall also occur when the software or instructions are executed.
Warranty Period means the period of validity of the warranties given by Storm Type Foundry in this Agreement. Storm Type Foundry’s standard Warranty Period is ninety (90) days from delivery.
End User License Agreement
Font Software For Commercial Electronic Documents End User License Agreement.
WE RECOMMEND THAT YOU PRINT THIS FONT SOFTWARE FOR COMMERCIAL ELECTRONIC DOCUMENTS END USER LICENSE AGREEMENT FOR FURTHER REFERENCE.
This Font Software For Commercial Electronic Documents End User License Agreement (the Agreement) is a legal agreement between you and Storm type Foundry that governs the use of the Font Software that you license from a Storm type Foundry affiliated website, and which are accompanied by or refer to this Agreement. This Agreement becomes a binding contract between you and Storm type Foundry when you click on the area marked ACCEPT LICENSE AGREEMENT, or similar language or when you accept the Agreement by other means (for instance referring to the Agreement in a purchase order, a confirmation email etc.). If you do not wish to be bound by the Agreement, you cannot access, Use or down-load the Font Software. Please read this entire Agreement before agreeing to be bound. The Agreement contains capitalized terms that are de-fined in Section 9 of the Agreement.
You hereby agree to the following:
1. Binding Agreement. You are bound by the Agreement and you acknowledge that all use of the Font Software supplied to you by Storm type Foundry for the purposes set forth under this Agreement is governed by this Agreement.
2. License Grants. You are hereby granted, during the Term and subject to all of the terms and conditions herein, a worldwide (subject to the Export section of Storm type Foundry’s standard Terms and Conditions of Business), non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to:
embed the Font Software into a Commercial Electronic Document;
duplicate the Font Software as an integral part of any such Commercial Electronic Document;
distribute the Font Software, directly or indirectly, as an integrated component of such Commercial Electronic Document to End Users, provided that (i) the Font Software cannot be fully or partially extracted from such Commercial Electronic Document, and (ii) an End User cannot edit the Commercial Electronic Document with the Font Software; and
make backup copies of the Font Software, provided that such copies are for your internal back up purposes only and remain in your exclusive control. Any copies that you are expressly permitted to make pursuant to this Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Font Software.
Trademarks. Although use of the Trademarks is not required, if you elect to do so, you may use the Trademarks (i) in your advertising, publicity, literature, packaging and other promotional activities in connection with the Font Software incorporated into your products or materials, and (ii) to identify the Font Software that is/are embedded in or accessed through your products or materials as permitted by this Agreement, in each case subject to the requirements set forth at http://www.stormtype.com/legal/trademarks/guidelines/. You acknowledge that Storm type Foundry or its licensors own all right, title and interest in and to the Trademarks.
All rights not expressly granted in this Agreement are reserved to Storm type Foundry.
3. License Limitations and Reporting.
The maximum number of separate and distinct Commercial Electronic Documents into which the Font Software may be embedded during the Term may not exceed the number of Commercial Electronic Documents indicated in your Account or transaction documentation such as a quotation or an invoice when licensing the Font Software.
Businesses or organizations such as advertising agencies, design agencies or hosting providers that are responsible for multiple clients’ Commercial Electronic Documents must enter into separate Agreements for each client’s Commercial Electronic Documents.
You have licensed rights in this Agreement that may be subject to certain limitations in volume, which are reflected in your Account or in your transaction documentation such as a quotation or an invoice. You are obligated to maintain records with respect to your Use of the Font Software against such licensed amounts and Storm type Foundry has the right to ask you, from time to time, to provide information regarding such Use amounts and/or to fully document and certify that Use of any and all Font Software at the time of the request is in conformity with your valid licenses from Storm type Foundry, which you shall provide to us within 30 days of our request. In the event your Use of the Font Software exceeds your licensed amounts, you agree to license from Storm type Foundry the necessary additional amounts and pay any fee associated with such increase.
4. Restrictions on Use. You may not:
Transfer your license rights in the Font Software, except as expressly provided herein. You may transfer all your rights to use the Font Software to another person or legal entity provided that (i) the transferee accepts and agrees to be bound by all the terms and conditions of the Agreement, (ii) you destroy all copies of the Font Software, including all copies stored in the memory of a hardware device and (iii) there is no change to the intent or scope of the rights granted by this Agreement as a result of such transfer.
Rent, lease, sublicense, give, lend, or further distribute the Font Software, or any copy thereof, except as expressly provided herein.
Modify the Font Software in any way, including to create, directly or indirectly, Derivative Works from the Font Software or any portion thereof (except as otherwise specifically set forth herein). If the Font Software contains embedding bits that indicate that the Font Software is only author-ized for certain purposes, you may not change or alter the embedding bits.
Embed the Font Software in open source software which may have the direct or indirect effect of causing the Font Software to become Publicly Available Software or otherwise be subject to a Publicly Available Software agreement.
5. Intellectual and Industrial Property Rights.
You agree that the Font Software is protected by the copyright law or other intellectual and industrial property rights of the Czech Republic, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties.
You agree that Storm type Foundry and or/its licensors own all right, title and interest in and to the Font Software, its structure, organization, code, and related files, including all intellectual and industrial property rights therein such as copyright, design and trademarks rights.
You agree that the Font Software, its structure, organization, code, and related files are valuable property of Storm Type Foundry and/or its licensors and that any intentional or negligent Use of the Font Software not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights.
All rights in and to the Font Software, including unpublished rights, are reserved under the copyright laws of the Czech Republic and other jurisdic-tions.
6. Limited Warranty; Limitation of Liability.Storm type Foundry warrants to you that the Font Software will effect a faithful reproduction of the underlying typeface design which is of a quality consistent with industry standards. To make a warranty claim, you must notify Storm type Foundry in text form within the Warranty Period, which could include via an email to sales@stormtype.com and provide sufficient information regarding your licensing of the Font Software so as to enable Storm Type Foundry to verify the existence and date of the transaction. The entire, exclusive and cumulative liability and remedy shall be that Storm Type Foundry will use reasonable efforts to cause the Font Software to effect a faithful reproduction of the underlying typeface design which is of a quality consistent with industry standards as soon as commercially practicable. Storm Type Foundry DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR STORM TYPE FOUNDRY’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, STORM TYPE FOUNDRY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL STORM TYPE FOUNDRY BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF STORM TYPE FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF SSTORM TYPE FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Term and Termination. This Agreement shall remain in place for the length of the Term set forth in your Account or transaction document, such as an invoice or email. This Agreement shall automatically renew for additional terms of equal length to the initial Term, unless either party pro-vides the other party with written notice of termination before the end date of the then-current term. Upon failure by you to comply with the terms of this Agreement, Storm Type Foundry shall be entitled to terminate this Agreement upon notice by regular mail, paid carrier or email. Upon termination of the Agreement, you must destroy the original and any and all copies of the Font Software. The termination of the Agreement shall not preclude Storm Type Foundry from suing you for damages of any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Storm Type Foundry The rights of a recipient of a Commercial Electronic Document generated pursuant to this Agreement shall survive the termination of this Agreement. All other license rights granted to you in this Agreement shall end with the termination of this Agreement.
8. Terms and Conditions. You have separately agreed to Storm Type Foundry’s standard Terms and Conditions of Business.
9. Definitions:
Account means your account at the Storm Type Foundry affiliated website through which you purchased the Font Software license that is subject to the terms of this Agreement (www.stormtype.com).
Commercial Electronic Document means an electronic document which may be distributed to the general public (or to some subset of the general public) as a commercial product for a fee or other consideration (for example, an e-book). For the avoidance of doubt, an electronic document that is created for one’s own internal use only or for distribution in a manner that is incidental to its business (for example an instruction manual that explains its product), is not considered a Commercial Electronic Document under this Agreement.
Derivative Work means a work, including but not limited to software or data based upon or derived from the Font Software (or any portion of Font Software) in any form in which such software or data may be recast, transformed, or adapted including, but not limited to, binary data in any format into which Font Software may be converted.
End User(s) means an individual or entity which downloads a Commercial Electronic Document.
Font Software means software or instructions which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Font Software shall include all Subsets and bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. Font Software includes upgrades or updates (each of which may be provided to you by Storm Type Foundry in its sole discretion), related files, permitted modifications, permitted copies, and related documentation.
Publicly Available Software means a) any software that contains, or is derived in any manner (in whole or in part) from, any software that is dis-tributed as free software, open source software (e.g. Linux) or similar licensing or distribution models; and (b) any software that requires as a condition of use, modification and/or distribution of such software that such software or other software incorporated into, derived from or distrib-uted with such software (i) be disclosed or distributed in source code form, (ii) be licensed for the purpose of making Derivative Works, or (iii) be redistributable at no charge.
Term means the length of time this license will remain in place as set forth in your Account or in your transaction documentation such as a quota-tion or an invoice.
Trademarks means the trademark as set forth at www.stormtype.com/legal/trademarks for each piece of Font Software licensed under this Agreement or under which Storm Type Foundry markets the Font Software.
Warranty Period means the period of validity of the warranties given by Storm Type Foundry in this Agreement. Storm Type Foundry’s standard Warranty Period is ninety (90) days from delivery.
End User License Agreement
Font Software For Web Content End User License Agreement.
WE RECOMMEND THAT YOU PRINT THIS FONT SOFTWARE FOR WEB CONTENT END USER LICENSE AGREEMENT FOR FURTHER REFERENCE.
This Font Software For Web Content End User License Agreement (the Agreement) is a legal agreement between you and Storm Type Foundry that governs the use of the Font Software that you license from a Storm Type Foundry affiliated website, and which are accompanied by or refer to this Agreement. This Agreement becomes a binding contract between you and Storm Type Foundry when you click on the area marked ACCEPT LICENSE AGREEMENT, or similar language or when you accept the Agreement by other means (for instance referring to the Agreement in a pur-chase order, a confirmation email etc.). If you do not wish to be bound by the Agreement, you cannot access, Use or download the Font Software. Please read this entire Agreement before agreeing to be bound. The Agreement contains capitalized terms that are defined in Section 9 of the Agreement.
You hereby agree to the following:
1. Binding Agreement. You are bound by the Agreement and you acknowledge that all use of the Font Software supplied to you by Storm Type Foundry for the purposes set forth under this Agreement is governed by this Agreement.
2. License Grants. You are hereby granted, during the Term and subject to all of the terms and conditions herein, a worldwide (subject to the Export section of Stormtype’s standard Terms and Conditions of Business), non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to:
install the Font Software on a Server, solely to generate content on a Website for up to the number of Page Views indicated in your Account or transaction documentation such as a quotation or an invoice;
allow users of your Website to type text on that website through Use of the Font Software (e.g. in form fields, customer feedback etc.) solely for transactional or marketing purposes; and
make backup copies of the Font Software, provided that such copies are for your internal back up purposes only and remain in your exclusive control. Any copies that you are expressly permitted to make pursuant to this Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Font Software.
Trademarks. Although use of the Trademarks is not required, if you elect to do so, you may use the Trademarks (i) in your advertising, publicity, literature, packaging and other promotional activities in connection with the Font Software incorporated into your products or materials, and (ii) to identify the Font Software that is/are embedded in or accessed through your products or materials as permitted by this Agreement, in each case subject to the requirements set forth at www.stormtype.com/legal/trademarks/guidelines. You acknowledge that Storm Type Foundry owns all right, title and interest in and to the Trademarks.
All rights not expressly granted in this Agreement are reserved to Storm Type Foundry.
3. License Limitations and Reporting.
If your Website Using the Font Software is accessed in excess of the number of Page Views licensed in your Account or transaction documentation such as a quotation or an invoice, you must either cease using the Font Software or purchase an extended license from Storm Type Foundry or its authorized distributors.
This license does not allow the Font Software (i) to be embedded in a Web Based Customer Product (e.g. a web server application, SaaS or other online product); (ii) to be used for authoring purposes (e.g. in an application that provides office functionality such as word processing or presenta-tion design or that allows users to create graphic designs or merchandising).
Businesses or organizations such as advertising agencies, design agencies or hosting providers that are responsible for multiple of its own or its clients’ Websites must enter into separate Agreements for each Website.
You have licensed rights in this Agreement that may be subject to certain limitations in volume, which are reflected in your Account or in your transaction documentation such as a quotation or an invoice. You are obligated to maintain records with respect to your Use of the Font Software against such licensed amounts and Storm Type Foundry s.r.o has the right to ask you, from time to time, to provide information regarding such Use amounts and/or to fully document and certify that Use of any and all Font Software at the time of the request is in conformity with your valid licenses from Storm Type Foundry, which you shall provide to us within 30 days of our request. In the event your Use of the Font Software exceeds your licensed amounts, you agree to license from Storm Type Foundry the necessary additional amounts and pay any fee associated with such increase.
4. Restrictions on Use. You may not:
Transfer your license rights in the Font Software, except as expressly provided herein. You may transfer all your rights to use the Font Software to another person or legal entity provided that (i) the transferee accepts and agrees to be bound by all the terms and conditions of the Agreement, (ii) you destroy all copies of the Font Software, including all copies stored in the memory of a hardware device and (iii) there is no change to the intent or scope of the rights granted by this Agreement as a result of such transfer.
Rent, lease, sublicense, give, lend, or further distribute the Font Software, or any copy thereof, except as expressly provided herein.
Modify the Font Software in any way, including to create, directly or indirectly, Derivative Works from the Font Software or any portion thereof (except as otherwise specifically set forth herein). If the Font Software contains embedding bits that indicate that the Font Software is only author-ized for certain purposes, you may not change or alter the embedding bits.
Embed the Font Software in open source software which may have the direct or indirect effect of causing the Font Software to become Publicly Available Software or otherwise be subject to a Publicly Available Software agreement.
5. Intellectual and Industrial Property Rights.
You agree that the Font Software is protected by the copyright law or other intellectual and industrial property rights of the Czech Republic, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties.
You agree that Storm Type Foundry and or/its licensors own all right, title and interest in and to the Font Software, its structure, organization, code, and related files, including all intellectual and industrial property rights therein such as copyright, design and trademarks rights.
You agree that the Font Software, its structure, organization, code, and related files are valuable property of Storm Type Foundry and/or its licensors and that any intentional or negligent Use of the Font Software not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights.
All rights in and to the Font Software, including unpublished rights, are reserved under the copyright laws of the Czech Republic and other jurisdic-tions.
6. Limited Warranty; Limitation of Liability. Storm Type foundry warrants to you that the Font Software will effect a faithful reproduction of the underlying typeface design which is of a quality consistent with industry standards. To make a warranty claim, you must notify Storm Type Found-ry in text form within the Warranty Period, which could include via an email to sales@stormtype.com and provide sufficient information regarding your licensing of the Font Software so as to enable Storm Type Foundry to verify the existence and date of the transaction. The entire, exclusive and cumulative liability and remedy shall be that Storm Type Foundry will use reasonable efforts to cause the Font Software to effect a faithful reproduction of the underlying typeface design which is of a quality consistent with industry standards as soon as commercially practicable. STORM TYPE FOUNDRY DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR STORM TYPE FOUNDRY’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, STORM TYPE FOUNDRY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL STORM TYPE FOUNDRY BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF STORM TYPE FOUNDRY. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF STORM TYPE FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Term and Termination. This Agreement shall remain in place for the length of the Term set forth in your Account or transaction document, such as an invoice or email. This Agreement shall automatically renew for additional terms of equal length to the initial Term, unless either party pro-vides the other party with written notice of termination before the end date of the then-current term. Upon failure by you to comply with the terms of this Agreement, Storm Type Foundry shall be entitled to terminate this Agreement upon notice by regular mail, paid carrier or email. Upon termination of the Agreement, you must destroy the original and any and all copies of the Font Software. The termination of the Agreement shall not preclude Storm Type Foundry from suing you for damages of any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Storm Type Foundry
8. Terms and Conditions. You have separately agreed to Storm Type Foundry’s standard Terms and Conditions of Business. In the case of a conflict between Storm Type Foundry’s standard Terms and Conditions of Business and this Agreement, this Agreement shall control.
9. Definitions:
Account means your account at the Storm Type Foundry affiliated website through which you purchased the Font Software license that is subject to the terms of this Agreement (www.stormtype.com).
Editing means any input of text that is displayed using the Font Software. For the avoidance of doubt, Editing includes the insertion of text into a form field.
Font Software means software or instructions which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Font Software shall include all Subsets and bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. Font Software includes upgrades or updates (each of which may be provided to you by Storm Type Foundry in its sole discretion), related files, permitted modifications, permitted copies, and related documentation.
Page View means a single request to load a particular web page of your Website. For the avoidance of doubt, each visit to or display of a web page is a Page View, regardless of whether such visit or display is unique. Page Views also referred to as page impressions or page requests must be recorded by a commonly accepted or recognized performance tracking system.
Publicly Available Software means a) any software that contains, or is derived in any manner (in whole or in part) from, any software that is dis-tributed as free software, open source software (e.g. Linux) or similar licensing or distribution models; and (b) any software that requires as a condition of use, modification and/or distribution of such software that such software or other software incorporated into, derived from or distrib-uted with such software (i) be disclosed or distributed in source code form, (ii) be licensed for the purpose of making Derivative Works, or (iii) be redistributable at no charge.
Server means any server that is either (a) maintained on your premises; (b) under your exclusive control; or (c) owned and controlled by a third party hosting service for your benefit, provided that you (i) have a written agreement regarding the Use and protection of the Font Software installed on such server, and (ii) shall remain responsible for any unauthorized access to and security of the Font Software on such Server.
Term means the length of time this license will remain in place as set forth in your Account or in your transaction documentation such as a quota-tion or an invoice.
Trademarks means the trademark as set forth at www.stormtype.com/legal/trademarks for each piece of Font Software licensed under this Agreement or under which Storm Type Foundry markets the Font Software.
Use of or Using the Font Software shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software, regardless of the location in which the Font Software resides. Use of the Font Software shall also occur when the software or instructions are executed.
Warranty Period means the period of validity of the warranties given by Storm Type Foundry in this Agreement. Storm Type Foundry’s standard Warranty Period is ninety (90) days from delivery. I
Web Based Customer Product means anything, other than web pages of your Website, created by Use of the Font Software which is offered for distribution to the general public (or to some subset of the general public) in exchange for a separate fee or other consideration.
Website means one web site domain name (i.e., a collection of web pages, images, videos or other digital assets that are hosted on one or more web servers, accessed from a common root Uniform Resource Identifier (URI)) which: (i) is owned by you or under your control; (ii) Uses or accesses the Font Software in its web pages; (iii) does not in any way enable the permanent installation of the Font Software by Website visitors on any printer or display which displays a screen image created by Use of or access to the Font Software; and (iv) reasonably restricts access to Font Software from Use or access by web pages or any document not originating from such Website.
For students, teachers, schools and educational instututions of any grade, worldwide, we offer special discount: 50% off all fonts, families and packages. The Educational License is applicable to all types of usage: Desktop, Web, E-pub, Server, App. The usage is limited to non-profit projects only. If you want to use the fonts after you depart the school, you must upgrade to our Standard License.
How to apply for a discount? Just send a photo of your student / teacher ID card to sales@stormtype.com, we'll verify and approve your request, and Yvonna shall generate a special discount voucher to be used in the Cart when purchasing. The voucher code will automatically adjust the list prices to 50%.