Storm Type Foundry Applications End User License Agreement

1. Subject of this Agreement

1.1 The digital files downloaded to your computer contain font software that is the intellectual property of and is owned by Stormtype. This non-exclusive license grants you certain rights to use the font software and is not an agreement for sale of the font software or any portion of it. Except for your right to use the font software granted by this license, all other rights, title of the font software, related trademarks and trade names are owned and retained by Stormtype.

1.2 By downloading the Licensed Font(s), you are agreeing to be bound by the terms of this Agreement. This Agreement, in conjunction with the receipt that accompanies each purchase from Stormtype.com, constitutes the complete agreement between you and Stormtype.

2. Applications License Grant.

You are hereby granted a non-exclusive, non-assignable, non-transferable license (subject to all of the terms and conditions of the Agreement) to (a) embed the Font Software (i) into an iOS, Android or Windows RT Application, (ii)  in a secure manner which does not allow an End User to access to the Font Software outside of the Application; and (b) distribute worldwide  such Application to End Users. Stormtype reserves all rights not expressly granted to you in this Agreement. 

2.1 Restrictions on Use.
• The maximum number of distinct Applications into which the Font Software may be embedded may not exceed the number of Applications you indicated in your account at www.Stormtype.com when licensing the Font Software. 
• The maximum number of Distributions of a distinct Application may not exceed the number of Distributions specified in your account at located at www.stormtype.com when licensing the Font Software
• You may not embed the Font Software (i) in any Application that allows the generation of output such as PDFs, word processing documents, spreadsheets, labeled photos, static images, scalable images, advertisements or other documents or data files, (ii) in any Application that is a server component in a client/server architecture.
• The Font Software may only be embedded in an Application where the Font Software does not represent a substantial component of, and does not represent the primary value or the functionality of the Application into which it will be embedded 
• You agree that you will take no action which will 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. 

3. Forbidden

3.1 You may not create derivative works based on the Licensed Font(s) itself.

3.2 You may not modify the Licensed Font(s) in font editing applications, change its Copyright Info and rename it, even if it was intended for your home or personal use.

4. Third parties

4.1 You may provide the Licensed Font(s) to a graphic or web designer, printer or other service bureau that is working on your behalf only if they agree to use the font exclusively for your work, agree to the terms of this license, and retain no copies of the Licensed Font(s) on completion of the work. You must inform such graphic or web designer, printer or other service bureau that it is strictly prohibited to use the Licensed Font(s) for any other job.

4.2 You may not provide the Licensed Font(s) or make it accessible to any other third parties.

4.3 You are not authorized to sublicense, sell, lend or lease the Licensed Font(s), but you may permanently transfer your rights under this Agreement to a third party; provided that (1) you transfer your copy of this Agreement, the Licensed Font(s), and all original documentation to the third party, (2) you destroy all of your copies of the Licensed Font(s), and (3) the receiving party accepts the terms and conditions of this Agreement.

5. Copies

You may make one back-up copy of the Licensed Font(s) for archival purposes only, and you shall retain exclusive custody and control over such copy. Any copies that you are expressly permitted to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Licensed Font(s). Upon termination of Agreement, you must destroy the original and any and all copies of the Licensed Font(s).

 

6. Intellectual and Industrial Property Rights.

• You agree that the Font Software is protected by the copyright law and 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 to treat the Font Software as you would any other copyrighted material.

• You agree that Foundry owns 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 Foundry or its third party 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.

• You agree not to adapt, modify, alter, translate, convert, or otherwise change the Font Software, or to create Derivative Works from the Font Software or any portion thereof. You further agree not to use the Font Software in connection with software and/or hardware which create Derivative Works of such Font Software.

• You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or instructions of the Font Software, provided, however, that if you are located in a European Community member country or any other country which provides rights materially similar to the rights set forth in this provision, you may reverse engineer or decompile the Font Software only to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purpose and only to the extent that sufficient information is not provided in a timely manner free of charge by Foundry upon written request.)

7. Trademarks.

You agree to use trademarks associated with the Font Software according to accepted trademark practice, including identification of the trademark owner’s name. Trademarks can only be used to identify printed output produced by the Font Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit of Foundry. You may not change any trademark or trade name designation for the Font Software. Nothing contained herein shall be deemed as granting you a license to use any trademark or trade names associated with the Font Software.

8. Termination

This Agreement is effective until terminated. This Agreement will terminate automatically without notice from Stormtype if you fail to comply with any provision contained herein. Upon termination, you must destroy the written materials, the Licensed Font(s), and all copies of them, in part and in whole.

9. Warranty; Limitation of Liability

9.1. Stormtype warrants to you that the Licensed Font(s) will perform substantially in accordance with specifications for the use of fonts as of the date of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s). To make a warranty claim, you must, within the twenty-one (21) day warranty period, contact Stormtype with sufficient information regarding your licensing of the Licensed Font(s) so as to enable Stormtype to verify the existence and date of the license. If the Licensed Font(s) do not perform substantially in accordance with specifications for the use of fonts in as of the date you agree to be bound by this Agreement, the entire, exclusive, and cumulative liability and remedy shall be limited to the refund of the license fee you paid to Stormtype to obtain delivery of the Licensed Font(s).

9.2 Stormtype DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE LICENSED FONT(S). THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR Stormtype’s BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, Stormtype 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 Stormtype BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF Stormtype HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF Stormtype HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

10. General

This Agreement will be governed by the laws of Czech Republic. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

 

LAST UPDATE: 22.3.2016