Font licensing

A – General

A1. This End User License Agreement (the “Agreement”) constitutes a binding legal agreement between you (“the User”, “Customer”, “Licensee”, “Individual”, “Company”, “Corporation”, or “Organisation”) and The Foundry Types Ltd (“The Foundry Types Ltd”, “Licensor”, “Us” or “We”) and establishes the terms and conditions by which you are permitted to install and use the Font Software that is the subject of this Agreement (and the typographic glyphs generated by using that Font Software and all electronic data contained or generated by the same), (“Licensed Software”, “Fonts”, “Font Data” or “Typefaces”).

B – Important notice to users

B1. The right to use this The Foundry Types Ltd Licensed Software product is granted only on the condition that the customer agrees to the terms and conditions in this Licence Agreement.

B2. When you use this product on behalf of any other party, you warrant that you have the legal authority to enter into this contract on behalf of that party.

B3. By downloading, installing and/or using The Foundry Types Ltd Licensed Software, you indicate that you have read, understand and agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, do not proceed and install the Licensed Software and/or you must terminate the order process immediately.

B4. In consideration for the payment of the one-time fee (a perpetual licence) for this Licensed Software product and subject always to your timely compliance with this Agreement, you (Licensee), receive from The Foundry Types Ltd (Licensor), a non-exclusive, non-sublicensable, non-transferable licence to use the Licensed Software subject to the terms and conditions of this agreement including, without limitation, any restrictions set out in C, below. You are prohibited from distributing, transmitting, leasing, loaning, selling or sub-licensing, in whole or in part, the Font Software, to any third party (which includes a subsidiary, affiliate, franchisee, assignee, customer or agent).

B5. Upon the The Foundry Types Ltd’s receipt of full payment of the required license fee you will become a Licensed User. You do not own the Licensed Software, including any glyph or glyphs generated by the Licensed Software, or any other electronic data comprised in the Licensed Software. You are permitted to use the Licensed Software. Purchased Fonts will remain, in whole, copyright to The Foundry Types Ltd at all times.

B6. The Foundry Types Ltd is and shall remain the sole owner of all Intellectual Property Rights in the Licensed Software and any typographic elements generated by the same. You hereby acknowledge that the Licensed Software, and all elements thereof, are protected under the Copyright, Designs and Patents Act 1988 and equivalent international and national laws and treaties including as literary and artistic works, as the context requires. This title and ownership extends to copies of the data installed on any computer, downloaded to any output device, or retained on other media by you as a backup. The purchase of this licence does not transfer any right, title, or interest in this Font Software (or element thereof) to you, except as specifically set forth in this Agreement.

C – Desktop End User Licence

Payment

C1. Upon full payment of the required licence fee this Licensed Software product may be used on the number of desktop workstations (being a device used by an Individual to run scripts and to which data is inputted and outputted and shall not include a server, subject to prior agreement as set out in C8) authorised by The Foundry Types Ltd, only within the registered organisation; and may not in any way be renamed, modified, reimaged, reverse engineered, reformatted or decompiled for any purpose other than as permitted herein, or as permitted by law.

Sales limit

C2. This Licence is limited to the ‘maximum usage’ as specified on your receipt. You undertake that all devices on which the fonts are installed are owned by you (and not by any other person or entity). If you need to install the fonts on additional devices, so that the total number of installations is not fully covered by your licence, you must contact us to request to upgrade your licence to allow for these additional installations, subject to the payment of additional fees.

Copies

C3. You are permitted to make a duplicate copy of this Licensed Software product only for initial archive purposes, program error verification or to replace defective media, and all such copies made must bear the copyright notices contained in the original with no modifications.

Font Formats

C4. The Foundry Types Ltd Licensed Desktop Font(s) are made available in the following standard file formats: .OTF (OpenType) and .TTF (TrueType). You are strictly forbidden to make your own Font Software, or any derivative font formats. This license is print and preview only. Web or App & ePub licenses must be purchased for usage within their relevant environments.

Usage

C5. If you intend to use the Licensed Software in multiple locations you agree to supply full details of all locations where you intend to use the fonts when purchasing the licence. The Licensed Software may not be passed to other locations without prior written permission from The Foundry Types Ltd.

C6. This desktop licence permits you to install the Licensed Software onto a desktop workstation and by using the Licensed Software along with desktop publishing software you are enabled to design, create and publish printed matter such as magazines, newspapers, posters, books, packaging, corporate identities, branding, products and other commercial use. You may sell and distribute such materials SUBJECT ALWAYS to you not (at any time) distributing, making available, or otherwise disseminating the licensed software with the same.

C7. The use of this Licensed Software is limited to preview and print only. This Licence does not permit embedding of this Font Software into any documents that allow editing or altering, or into any websites, products, or devices completely or partially.

C8. You are permitted to upload bitmapped images and graphics such as a PNG, JPEG, GIF or TIFF created using the Licensed Software to your website, but you cannot embed the Licensed Software in a website, app (mobile or otherwise) or device with this licence set out in this Agreement.

C9. You may install the Licensed Software on your internal server provided that you purchase a licence to cover the amount of employees or users accessing the font in your company or doesn’t exceed the number on your licensed receipt.

C10. Specific licensing may be available on request and upon written approval of The Foundry Types Ltd, subject to the embedding method and on payment of the required specific licence fee.

D – Software Licence restrictions

Audit

D1. This Licensed Software product may not be duplicated or copied except as permitted by law and for initial archive purposes, program error verification or to replace defective media, and all such copies made must bear the copyright notices contained in the original (as outlined in C.3). Subject to the granting of a separate multi-workstation licence, the required number of copies may be made to enable the use of the product simultaneously on the number of workstations that are licensed.

D2. No copies of this font software product may be produced for the supply or use by third parties or for any purpose other than those purposes expressly permitted above. This Licence and Font Software product is non-sublicensable, non-transferable. You are strictly not permitted to provide the Licensed Software to unlicensed parties (including colleagues, print bureaus, business, individuals or clients) and to do so would constitute a breach of licence and infringement of our intellectual property rights.

Licensing

D3. In the event you are purchasing this licence for use on behalf of your client (e.g. you are an agency acting on behalf of a client) your client must purchase its own license to use the Licensed Software. Any supply and onward use, to and by an end client without the appropriate licence will be a breach of licence and infringement of intellectual property rights.

D4. If you hire an external, 3rd party designer (including freelancers) or design studios to create a project for you, you are not permitted to share the Licensed Software to the same except in non-embedded image formats; external, 3rd party designers who need to make edits using the Licensed Software must license the Font Software separately.

D5. The Use by you of The Foundry Types Ltd Licensed Software (or part thereof) without a licence or adequate licensing will, without prejudice to any other rights or remedies available to The Foundry Types Ltd in law, require a license to be paid for the usage of the Licensed Software retroactively. Where this is the case The Foundry Types Ltd reserves the right to charge you, on a full indemnity basis, for management time, expenses, legal work undertaken and damages, lost profits and loss of earnings.

No imitations

D6. You are strictly forbidden to auto trace, redraw and recreate The Foundry Types Ltd Licensed Software and any output data, images, glyphs of the same, in part or in full. Where this is the case The Foundry Types Ltd reserves the right to charge you, on a full indemnity basis, as it sees fit for time, expenses, management time, legal work undertaken and damages, lost profits or loss of earnings. The reproduction of The Foundry Types assets, the creation of mock ups and imitations or holding yourself out as The Foundry Types is against all copyright laws, trademarks and violates The Foundry Types integrity. To do so will cause material and irrevocable damage.

No Modifications

D7. If you want to modify or create a new glyph, “swap” alternates or move characters to different Unicode or keystroke positions, it is subject to The Foundry Types Ltd’s permission, and any design work to the Licensed Software must be designed and created only by The Foundry Types Ltd. You are not permitted to either yourself, or via a third party, modify the Licensed Software without the prior written consent of The Foundry Types Ltd. Any violation of this provision will render you liable, on a full indemnity basis, for damages calculated on the basis of The Foundry Types’ highest charges for font software development and modification, damages, infringement and the license for the use.

Embedding

D8. This License does not permit you use or embed the Font Software on the web (except for C.7), or in any documents that allow sub-setting (completely or partially) as live text editing or altering, Mobile App products, ePub/eReader devices or Apps, Games for Mobiles or consoles, embedded applications, or in any dynamically updated, procedurally generated, or other applications and that the font data is never accessible to others. Including without limitation those wherein a human operator does not conduct the final output of the work such as Document Composition and Automation Systems.

D9. This licence does not permit you to use the Licensed Software and outputs from the same, on a broadcast/TV channel; if you want to use the Licensed Software for broadcasting, Web, App, Games or Servers please contact us.

Security

D10. You are required to implement reasonable security precautions, protocols and protective measures to prevent the unauthorized use, distribution, duplication, transmission or dissemination of the Licensed Software.

Uploading to Repositories

D11. You must not commit the Licensed Software files to any public GIT repositories, even to make available to licensed users. Any such act would constitute an unlicensed distribution (making the Licensed Software and outputs, including glyphs that are protected as artistic works, available to unlicensed users) of our Font which is strictly not permitted. Any unauthorised distribution via such repositories shall constitute a material breach of our licence terms. We expressively omit the permission of uploading font files to data repositories, community forums and networks. Uploading to GIT repositories is strictly forbidden, even for storage purposes.

Political Use

D12. The Licensed Software shall not be used for, or in relation to, political messaging or by political parties, political organisations, lobbying organisations, or activists, without the prior written consent of The Foundry Types Ltd.

Alphabet Products

D13. The Licensed Software is not permitted to be used in the production of prefabricated alphabet or letterform products including products that reproduce or display font glyphs as aesthetic objects, but not limited to: stencil products, adhesive alphabet stickers, dry transfer lettering, t-shirts, merchandise and novelty ampersands. If you would like to make such products, please contact us.

E – Ownership

E1. The Licensed Software belongs to The Foundry Types Ltd at all times and is the intellectual property of the owners at The Foundry Types Ltd.

F – Termination

F1. The Foundry Types Ltd reserves the right to immediately terminate this licence on notice upon breach of any of the above conditions or you become, in the reasonable opinion of The Foundry Types Ltd, unable to pay your debts (to it, or any third party) including either as a result becoming insolvent or making arrangements with administrators. In the event of termination, you must immediately irretrievably delete the Licensed Software from all systems and either return all copies of this product to The Foundry Types Ltd or, with The Foundry Types Ltd prior consent, provide The Foundry Types Ltd with a certificate of destruction of all copies.

F2. The Foundry Types Ltd will revoke the Agreement without refund or compensation where the Font data and The Foundry Types Ltd integrity is compromised and damaged. After the termination of the Agreement, you must destroy all data and copies, (including all backup or archived copies on external storage devices, USB drives or uploaded to Git repositories).

G – Term

G1. This Agreement is a perpetual licence and is effective forever, except if terminated in accordance with its terms.

H – Warranty and Liability

H1. The Foundry Types Ltd (Licensor) warrants that the Font Software will perform materially in accordance with its stated specifications and that the media will be free from defects in material and workmanship. This warranty is for a period of thirty (30) days from date of purchase, during which time defective data will be replaced at no charge. Any remedy under this warranty is limited to return of the original data to The Foundry Types Ltd for replacement and you shall not be entitled to any refund, damage, or otherwise.

H2. This clause H sets out The Foundry Type Ltd’s entire liability to you for (a) a breach of this Agreement and (b) any statement, representation, tortious act or omission (including negligence) arising under this Agreement. This includes liability for acts or omissions of our employees, agents, subcontractors or consultants.

H3. Any and all other warranties, conditions or other terms implied by statue or common law are, as far as legally possible, excluded. Other than as set out, The Foundry Types makes no warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

H4. The Foundry Types Ltd shall not be liable for any loss of profits, goodwill, reputation, business, anticipated savings, contracts, goods, data (or corruption of that data) or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

H5. The Foundry Type Ltd’s liability for all other claims which arise in connection with this Agreement shall be limited to the monies paid by you in the 12 months immediately preceding the date of the event giving rise to the claim. Nothing in this section, or elsewhere in this Agreement, excludes or limits our liability for:
• death or personal injury resulting from negligence; or
• any damage or liability you incur as a result of fraud or fraudulent misrepresentation by The Foundry Types Ltd.

I – Miscellaneous

I1. This Agreement shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim on, or in relation to, this Agreement and any dispute between the parties (where not prevented by law). This Agreement constitutes the entire agreement between The Foundry Types Ltd and you and supersedes any prior discussions or negotiations, whether verbal or in writing. No amendment, modification, or waiver will be valid or enforceable unless materialised in an agreement signed by both parties. If any part of this Agreement is found void or unenforceable, it will not affect the validity of the rest of the Agreement, which shall remain valid and enforceable according to its terms. The Foundry Types Ltd’s failure or election not to enforce a provision of this Agreement is not a waiver of its right to do so later. The numberings and section titles within this Agreement are for convenience and shall not affect or alter the meaning or construction of any terms or provisions of the Agreement.

I2. The Foundry Types Ltd will not be liable for a delay or failure to perform its obligations if the delay or failure results from circumstances beyond its reasonable control. This includes (but is not limited to) acts of God, flood, pandemic, fire, accident or impossibility of obtaining materials.

I3. You may not assign, charge, sub-contract, sub-license (unless expressly permitted to do so in this Agreement) or otherwise dispose of any of its rights or obligations under this Agreement without The Foundry Types Ltd’s prior written consent.

I4. If any provisions of this Agreement are held to be invalid, illegal or unenforceable, then such provision(s) shall be severed from it and the validity, legality and enforceability of its remaining provisions shall not be affected or impaired.

I5. Waiver of any right(s) at any time shall not constitute waiver of any right(s) at any future time.

Thank you for taking the time to read this Licence carefully to be sure you understand the terms and conditions in relation to your purchase. If you have any doubts or questions big or small about its terms and conditions, please contact us at [email protected]

A – General

A1. This End User License Agreement (the “Agreement”) constitutes a binding legal agreement between you (“the User”, “Customer”, “Licensee”, “Individual”, “Company”, “Corporation”, or “Organisation”) and The Foundry Types Ltd (“The Foundry Types Ltd”, “Licensor”, “Us” or “We”) and establishes the terms and conditions by which you are permitted to install and use the Font Software that is the subject of this Agreement (and the typographic glyphs generated by using that Font Software and all electronic data contained or generated by the same) (“Web Licensed Software”, “Web Fonts”, ”Fonts”, ”Font Data” or “Typefaces”).

B – Important notice to users

B1. The right to use this The Foundry Types Ltd Web Licensed Software product is granted only on the condition that the customer agrees to the terms and conditions in this Web Licence Agreement.

B2. When you use this product on behalf of any other party, you warrant that you have the legal authority to enter into this contract on behalf of that party.

B3. By downloading, installing and/or using The Foundry Types Ltd Web Licensed Software, you indicate that you have read, understand and agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, do not proceed and install the Web Licensed Software and/or you must terminate the order process immediately.

B4. In consideration for the payment of the fees for this Web Licensed Software product and subject always to your timely compliance with this Agreement, you (Licensee), receive from The Foundry Types Ltd (Licensor), a non-exclusive, non-sublicensable, non-transferable licence to use the Web Licensed Software subject to the terms and conditions of this agreement including, without limitation, any restrictions set out in C, below. You are prohibited from distributing, transmitting, leasing, loaning, selling or sub-licensing, in whole or in part, the Font Software, to any third party (which includes a subsidiary, affiliate, franchisee, assignee, customer or agent).

B5. Upon the The Foundry Types Ltd’s receipt of full payment of the required license fee you will become a Licensed User. You do not own the Web Licensed Software, including any glyph or glyphs generated by the Web Licensed Software, or any other electronic data comprised in the Web Licensed Software. You are permitted to use the Web Licensed Software. Purchased Fonts will remain, in whole, copyright to The Foundry Types Ltd at all times.

B6. The Foundry Types Ltd is and shall remain the sole owner of all Intellectual Property Rights in the Web Licensed Software and any typographic elements generated by the same. You hereby acknowledge that the Web Licensed Software, and all elements thereof, are protected under the Copyright, Designs and Patents Act 1988 and equivalent international and national laws and treaties including as literary and artistic works, as the context requires. This title and ownership extends to copies of the data installed on any computer, downloaded to any output device, or retained on other media by you as a backup. The purchase of this licence does not transfer any right, title, or interest in this Font Software (or element thereof) to you, except as specifically set forth in this Agreement.

C — Web End User Licence

Payment

C1. Upon receiving full payment of the required licence fee and agreeing to the terms and conditions of The Foundry Types Web Licence, We permit you to use the Web Font Data to render and display website content by implementing CSS @font-face method only. You must own or be granted permission to the Web Domain and its development which entitles you to use the Font Software in relation to that domain.

Sales limit

C2. Your Web Licence permits you to self-host on a single domain only, (including subdomains e.g. subdomains of www.exampledomain.com, would include mail.exampledomain.com), where you self-host the fonts on your server or a third party server as agreed according to our terms. To use the Web Font Data to cover more domains, a separate Web Licence Software is required.

Term – Perpetual

C3. There is no expiry to this Web Licence Agreement or its terms and conditions, You are permitted to use the Fonts in perpetuity with no additional licensing costs.

Copies

C4. You are permitted to make a duplicate copy of this Web Licensed Software product only for initial archive purposes, program error verification or to replace defective media, and all such copies made must bear the copyright notices contained in the original with no modifications.

Font Formats

C5. The Foundry Types Ltd Licensed Web Font(s) are made available in the following standard file formats: .WOFF and .WOFF2. The Web Font Data must not be installed onto desktop workstations. We do not support .EOT, .SVG and .TTF, but if you wish to use these formats they are available on request at our discretion. You are strictly forbidden to make your own Web Font Software, or any derivative web font legacy formats.

Usage

C6. The usage is permitted up to the limit of the Web Licence that you have purchased in relation to the total number of website page views per month and domain (including subdomains) as stated per your receipt. We strongly recommend that you use a widely accepted tracking service (e.g. Google Analytics tools) to record and measure your unique page per view usage prior and after purchase of the Font Licence. If you exceed the page views permitted, you agree, on demand, to purchase an additional licence that would include the required page view use. The Foundry Types does NOT offer ‘top up licences’. An entirely new licence would be required, and you agree to purchase the same, for the appropriate page view figures.

C7. The Web Licenced Software is only permitted for rendering of live text on a website by implementing CSS @font-face method only. Creating bitmap or vector images (in .JPEG, .PNG, .GIFs) and such like formats from the supplied Font Data, is strictly forbidden. A Desktop Licence must be purchased to produce static images for the web.

C8. You are permitted to print pages of the website using the Web Fonts. However, providing the capability for a remote user to edit live text composition using the Font Data is strictly forbidden (e.g. a personalised invitation service with a customizable text feature for a greeting card, merchandise or products). Uploading the Web Font Data to be accessed for live on-the-fly editing is strictly forbidden. To embed the Font Data you will need an App & ePub Licence.

Security

C9. You must agree and undertake all responsibility to implement reasonable security precautions, protocols and protective measures to ensure the Web Font Data security against unlicensed use of or access to the Font and Software, including hot-linking, crosslinking, re-serving or redirecting and downloading and that allows access to and the use of the Font or Software by any person or to any third party which is not licensed by The Foundry Types Ltd.

Licensing

C10. If you are using the Font Software in relation to the creation of a third party website you or the third party must enter into appropriate Licence agreements with The Foundry Types Ltd.

D – Web Software Licence restrictions

Audit

D1. The Foundry Types Ltd reserves the right to request and you hereby agree to provide a detailed account of your page view counts. You must ensure that page views are recorded by an appropriate method such as mentioned in C3. From time to time we may carry out our own audit to determine the correct amount of unique visitors. Any inaccurate calculations on your part may be seen as a breach of Licence and will be billed accordingly.

No Modifications

D2. This Licence does not permit you to decompile, modify, adapt, translate, reformat, reverse engineer, disassemble, alter or investigate its contents to uncover the computer code of the Web Fonts or the design structure contained therein.

D3. You are strictly forbidden to create any derivative typeface or font, copy outlines or vectors, or the conversion, modification, customisation, adaptation of any Font Software.

D4. Renaming the Font Data is strictly Forbidden in all cases and variations. If you require a name modification please put this in writing to us at [email protected].

Usage – No Embedding

D5. The embedding or inclusion of The Foundry Types Ltd Web Fonts, or the designs forming the Web Fonts, in software including PDF and EPUB formats, hardware, digital documents, apps, applications, games, devices, mobiles including iOS, Windows Mobile or Android applications and the like or in any other form is strictly forbidden. If you require a licence that permits embedding, please contact us at [email protected].

Non-transferable

D6. This Web Licence is non-transferrable. If you no longer use the Font Software, or the domain is offline, or the fonts are no longer required, you are strictly forbidden to use or pass the Font Software to another client, individual or business domain. You are not permitted to distribute, share, lend, rent, gift, or sell the Fonts to any third party. All Font Software and Data is non-transferable and belongs to The Foundry Types at all times unless stated.

Third Party Web Font Services

D7. The hosting or serving of the Web Fonts by any third-party service, such as e.g. TypeKit, is strictly forbidden.

D8. The use of the Licensed Web Font(s) with web font technologies other than @Font-Face, such as (by way of example, not limitation), slFR, Cufon or Typeface.js is not permitted.

Uploading to Repositories

D9. You must not commit the Web Licensed Software files to any public GIT repositories, even to make available to licensed users. Any such act would constitute an unlicensed distribution (making the Web Licensed Software and outputs, including glyphs that are protected as artistic works, available to unlicensed users) of our Font which is strictly not permitted. Any unauthorised distribution via such repositories shall constitute a material breach of our licence terms. We expressively omit the permission of uploading font files to data repositories, community forums and networks. Uploading to GIT repositories is strictly forbidden, even for storage purposes. Uploading to Cloud based services is also expressively and strictly forbidden.

Political Use

D10. The Web Licensed Software shall not be used for, or in relation to, political messaging or by political parties, political organisations, lobbying organisations, or activists, without the prior written consent of The Foundry Types Ltd.

E – Ownership

E1. The Web Licensed Software belongs to The Foundry Types Ltd at all times and is the intellectual property of the owners at The Foundry Types Ltd.

F — Termination

F1. The Foundry Types Ltd reserves the right to immediately terminate this licence on notice upon breach of any of the above conditions or you become, in the reasonable opinion of The Foundry Types Ltd, unable to pay your debts (to it, or any third party) including either as a result becoming insolvent or making arrangements with administrators. In the event of termination, you must immediately irretrievably delete the Web Licensed Software from all systems, and either return all copies of this product to The Foundry Types Ltd or, with The Foundry Types Ltd prior consent, provide The Foundry Types Ltd with a certificate of destruction of all copies.

F2. The Foundry Types Ltd will revoke the Agreement without refund or compensation where the Font data and The Foundry Types Ltd integrity is compromised and damaged. After the termination of the Agreement, you must destroy all data and copies, (including all backup or archived copies on external storage devices, USB drives or uploaded to Git repositories).

G – Term

G1. This Web Licence Agreement is effective until terminated. The Foundry Types Ltd has the right to terminate the Web Licence Agreement immediately if you fail to comply with any terms and conditions in this Agreement. In addition to any infringement we have the right to claim any compensation for any infringement case against us or damages by using our Font Data illegally. Once you stop using the Web Licence Software you will terminate or cancel your Web Licence Agreement. You will remove, destroy, the original and all back up archived copies of the Font Software.

H – Warranty and Liability

H1. The Foundry Types Ltd (Licensor) warrants that the Font Software will perform materially in accordance with its stated specifications and that the media will be free from defects in material and workmanship. This warranty is for a period of thirty (30) days from date of purchase, during which time defective data will be replaced at no charge. Any remedy under this warranty is limited to return of the original data to The Foundry Types Ltd for replacement and you shall not be entitled to any refund, damage, or otherwise.

H2. This Clause H sets out The Foundry Type Ltd’s entire liability to you for (a) a breach of this Agreement and (b) any statement, representation, tortious act or omission (including negligence) arising under this Agreement. This includes liability for acts or omissions of our employees, agents, subcontractors or consultants.

H3. Any and all other warranties, conditions or other terms implied by statue or common law are, as far as legally possible, excluded. Other than as set out, The Foundry Types makes no warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

H4. The Foundry Types Ltd shall not be liable for any loss of profits, goodwill, reputation, business, anticipated savings, contracts, goods, data (or corruption of that data) or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

H5. The Foundry Type Ltd’s liability for all other claims which arise in connection with this Agreement shall be limited to the monies paid by you in the 12 months immediately preceding the date of the event giving rise to the claim. Nothing in this section, or elsewhere in this Agreement, excludes or limits our liability for:

• death or personal injury resulting from negligence; or

• any damage or liability you incur as a result of fraud or fraudulent misrepresentation by The Foundry Types Ltd.

I – Miscellaneous 

I1. This Agreement shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim on, or in relation to, this Agreement and any dispute between the parties (where not prevented by law). This Agreement constitutes the entire agreement between The Foundry Types Ltd and you and supersedes any prior discussions or negotiations, whether verbal or in writing. No amendment, modification, or waiver will be valid or enforceable unless materialised in an agreement signed by both parties. If any part of this Agreement is found void or unenforceable, it will not affect the validity of the rest of the Agreement, which shall remain valid and enforceable according to its terms. The Foundry Types Ltd’s failure or election not to enforce a provision of this Agreement is not a waiver of its right to do so later. The numberings and section titles within this Agreement are for convenience and shall not affect or alter the meaning or construction of any terms or provisions of the Agreement.

I2. The Foundry Types Ltd will not be liable for a delay or failure to perform its obligations if the delay or failure results from circumstances beyond its reasonable control. This includes (but is not limited to) acts of God, flood, pandemic, fire, accident or impossibility of obtaining materials.

I3. You may not assign, charge, sub-contract, sub-license (unless expressly permitted to do so in this Agreement) or otherwise dispose of any of its rights or obligations under this Agreement without The Foundry Types Ltd’s prior written consent.

I4. If any provisions of this Agreement are held to be invalid, illegal or unenforceable, then such provision(s) shall be severed from it and the validity, legality and enforceability of its remaining provisions shall not be affected or impaired.

I5. Waiver of any right(s) at any time shall not constitute waiver of any right(s) at any future time.

Thank you for taking the time to read this Licence carefully to be sure you understand the terms and conditions in relation to your purchase. If you have any doubts or questions big or small about its terms and conditions, please contact us at [email protected].

A – General

A1. This End User License Agreement (the “Agreement”) constitutes a binding legal agreement between you (“the User”, “Customer”, “Licensee”, “Individual”, “Company”, “Corporation”, or “Organisation”) and The Foundry Types Ltd (“The Foundry Types Ltd”, “Licensor”, “Us” or “We”) and establishes the terms and conditions by which you are permitted to install and use the Font Software that is the subject of this Agreement (and the typographic glyphs generated by using that Font Software and all electronic data contained or generated by the same) (“App & ePub Licensed Software”, “Web Fonts”, “Fonts”, “Font Data” or “Typefaces”) for the sole purpose using the same within the mobile software application and/or ePub document/works as notified to Us in writing during the order process (the “Licensed App & ePub” or “App & ePub”) prior to acceptance of these terms.

B – Important notice to users

B1. The right to use this The Foundry Types Ltd App & ePub Licensed Software product is granted only on the condition that the customer agrees to the terms and conditions in this App & ePub Licence Agreement.

B2. When you use this product on behalf of any other party, you warrant that you have the legal authority to enter into this contract on behalf of that party.

B3. By downloading, installing and/or using The Foundry Types Ltd App & ePub Licensed Software, you indicate that you have read, understand and agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, do not proceed and install the Licensed Software and/or you must terminate the order process immediately.

B4. In consideration for the payment of the one-time fee (a perpetual licence) for this App & ePub Licensed Software product and subject always to your timely compliance with this Agreement, you (Licensee), receive from The Foundry Types Ltd (Licensor), a non-exclusive, non-sublicensable, non-transferable licence to use the App & ePub Licensed Software subject to the terms and conditions of this agreement including, without limitation, any restrictions set out in C, below. You are prohibited from distributing, transmitting, leasing, loaning, selling or sub-licensing, in whole or in part, the Font Software, to any third party (which includes a subsidiary, affiliate, franchisee, assignee, customer or agent).

B5. Upon the The Foundry Types Ltd’s receipt of full payment of the required license fee you will become a Licensed User. You do not own the Licensed Software, including any glyph or glyphs generated by the Licensed Software, or any other electronic data comprised in the Licensed Software. You are permitted to use the Licensed Software. Purchased Fonts will remain, in whole, copyright to The Foundry Types Ltd at all times.

B6. The Foundry Type Ltd is and shall remain the sole owner of all Intellectual Property Rights in the Licensed Software and any typographic elements generated by the same. You hereby acknowledge that the Licensed Software, and all elements thereof, are protected under the Copyright, Designs and Patents Act 1988 and equivalent international and national laws and treaties including as literary and artistic works, as the context requires. This title and ownership extends to copies of the data installed on any computer, downloaded to any output device, or retained on other media by you as a backup. The purchase of this licence does not transfer any right, title, or interest in this Font Software (or element thereof) to you, except as specifically set forth in this Agreement.

C — App & ePub End User Licence

Payment

C1. Upon receiving full payment of the required licence fee and agreeing to the terms and conditions of The Foundry Types App & ePub Licence. We licence you to use the Font Software to embed the Fonts as outline data to display text content in a Licensed App & ePub for distribution in accordance with the download limit stated on your receipted invoice.

Sales limit

C2. This Licensed Software is for the stated amount limit as per your Sales Receipt. Once the amount has exceeded, you must purchase an upgrade Licence. Please contact us at [email protected].

Term – Perpetual

C3. There is no expiry to this App & ePub Licence Agreement or its terms and conditions. You are permitted to use the Fonts in perpetuity with no additional licensing costs.

Copies

C4. You are permitted to make a duplicate copy of this Licensed Software product only for initial archive purposes, program error verification or to replace defective media, and all such copies made must bear the copyright notices contained in the original with no modifications.

Font Formats

C5. The Foundry Types Ltd Licensed App & ePub Font(s) are made available in the following standard file formats: .OTF (OpenType) and .TTF (TrueType). You are strictly forbidden to make your own Font Software, or any derivative font formats. This license is only for rendering in an application environment. Desktop or Web licenses must be purchased for usage within desktop or online environments.

Usage

C6. The Use of the Font Software for the aim of developing the Licenced App & ePub is permitted, provided that the third party developers who are creating the App & ePub are also licensed to use the Font Software. Incremental version numbers are permitted (second prints, revisions or corrections) though sequels, prequals, serials, ‘remixes’, compendiums, or other extended uses are not permitted without prior express written approve of The Foundry Types.

C7. This App & ePub Software Licence covers a per App or & ePub title and on a download basis, regardless whether the App or ePub title is for desktop, tablet or a mobile device. You are required to purchase an App & ePub Software Licence for each subsequent App or ePublication title that the Font Data is displayed, functional and implemented in.

C8. You are permitted to embed The Foundry Types Ltd App & ePub Fonts, or the designs forming the App & ePub Fonts, in software including PDF and ePub formats, hardware, digital documents, apps, devices, mobiles including iOS, Windows Mobile or Android applications and the like as an End User.

Security

C9. The use of the Font Data and Software inside the App & ePub must be embedded using reasonable security measures and not downloadable or accessible for third parties or End Users to exploit. You are permitted to use the Font Data and Software providing you are the owner, have permission to modify and control the Licensed App & ePub and its development which entitles you to use the Font Software in relation to that App or ePub, as is stated in your Sales Receipt.

C10. You must agree and undertake all responsibility to implement reasonable security precautions, protocols and protective measures to ensure the App & ePub Font Data security against unlicensed use of or access to the Font and Software, including hot-linking, crosslinking, re-serving or redirecting and downloading and that allows access to and the use of the Font or Software by any person or to any third party which is not licensed by The Foundry Types Ltd.

Application

C11. You are permitted to use the Licenced Software to style, view and edit the text fields as content in your specified App or ePub title per your Sales Receipt. You and the End User are permitted to use the Fonts to render static files such as PDF, PNG, JPEG, provided that the End User does not have the capability to extract, modify or edit the Font Data final output format.

Distribution

C12. There are no limits to how you distribute the App & ePub or download facility, nor is it governed by us.

Downloads

C13. Downloads are permitted up to the limit of the App & ePub Licence that you have purchased in relation to the total number of downloads and App or ePub title as stated per your receipt. We strongly recommend that you use a widely accepted tracking service (e.g. Google Analytics tools) to record, maintain and measure your download usage prior and after purchase of the Font Licence. If you exceed the number of downloads for three consecutive months or are over the limit multiple times, a licence extension must be purchased. If the volume of downloads increase past your allocated amount, you must contact The Foundry Types at your earliest convenience for an upgrade. Please contact us at [email protected] for an extension upgrade.

D – App & ePub Licence restrictions

Audit

D1. The Foundry Types Ltd reserves the right to request and you hereby agree to provide a detailed account of your App & ePub download counts. You must ensure that App downloads are recorded by an appropriate method such as mentioned in C3. From time to time we may carry out our own audit to determine the correct amount of downloads. Any inaccurate calculations on your part may be seen as a breach of Licence and will be billed accordingly.

No Modifications

D2. You are not permitted to edit or modify the Font Data and its letterforms or intellectual property or make representations of the forms, imitations or similar shapes indicating the Font Data. Under no circumstance should the Font Data be downloaded and removed from the App or ePub device for other gains than the sole use of the Licensed App.

D3. This Licence does not permit you to decompile, modify, adapt, translate, reformat, reverse engineer, disassemble, alter or investigate its contents to uncover the computer code of the Fonts Data or the design structure contained therein.

D4. You are strictly forbidden to create any derivative typeface or font, copy outlines or vectors, or the conversion, modification, customisation, adaptation of any Font Software.

D5. Renaming the Font Data is strictly Forbidden in all cases and variations. If you require a name modification please put this in writing to us at [email protected].

Usage – Games

D6. This Licensed Font Software does not permit the User to use the Font Data in any interactive Web or Games App or console. The Licensed Software does not permit the User to allow or enable any feature for a user to install, save or export files containing the Licensed Font Software in any way whatsoever.

Non-transferable

D7. This App Licence is non-transferrable. If you no longer use the Font Software, or the App & ePub is offline, or the fonts are no longer required, you are strictly forbidden to use or pass the Font Software to another client, individual or business. You are not permitted to distribute, share, lend, rent, gift, or sell the Fonts to any third party. All Font Software and Data is non transferable, and belongs to The Foundry Types Ltd at all times unless stated.

Uploading to Repositories

D8. You must not commit the Licensed Software files to any public GIT repositories, even to make available to licensed users. Any such act would constitute an unlicensed distribution (making the Licensed Software and outputs, including glyphs that are protected as artistic works, available to unlicensed users) of our Font which is strictly not permitted. Any unauthorised distribution via such repositories shall constitute a material breach of our licence terms. We expressively omit the permission of uploading font files to data repositories, community forums and networks. Uploading to GIT repositories is strictly forbidden, even for storage purposes. Uploading to Cloud based services is also expressively and strictly forbidden.

Political Use

D9. The Licensed Software shall not be used for, or in relation to, political messaging or by political parties, political organisations, lobbying organisations, or activists, without the prior written consent of The Foundry Types Ltd.

E – Ownership

E1. The Licensed Software belongs to The Foundry Types Ltd at all times and is the intellectual property of the owners at The Foundry Types Ltd.

F — Termination

F1. The Foundry Types Ltd reserves the right to immediately terminate this licence on notice upon breach of any of the above conditions or you become, in the reasonable opinion of The Foundry Types Ltd, unable to pay your debts (to it, or any third party) including either as a result becoming insolvent or making arrangements with administrators. In the event of termination, you must immediately irretrievably delete the Licensed Software from all systems, and either return all copies of this product to The Foundry Types Ltd or, with The Foundry Types Ltd prior consent, provide The Foundry Types Ltd with a certificate of destruction of all copies.

F2. The Foundry Types Ltd will revoke the Agreement without refund or compensation where the Font data and The Foundry Types Ltd integrity is compromised and damaged. After the termination of the Agreement, you must destroy all data and copies, (including all backup or archived copies on external storage devices, USB drives or uploaded to Git repositories).

G – Term

G1. This Agreement is a perpetual licence and is effective forever, except if terminated in accordance with its terms.

H – Warranty and Liability

H1. The Foundry Types Ltd (Licensor) warrants that the Font Software will perform materially in accordance with its stated specifications and that the media will be free from defects in material and workmanship. This warranty is for a period of thirty (30) days from date of purchase, during which time defective data will be replaced at no charge. Any remedy under this warranty is limited to return of the original data to The Foundry Types Ltd for replacement and you shall not be entitled to any refund, damage, or otherwise.

H2. This clause H sets out The Foundry Type Ltd’s entire liability to you for (a) a breach of this Agreement and (b) any statement, representation, tortious act or omission (including negligence) arising under this Agreement. This includes liability for acts or omissions of our employees, agents, subcontractors or consultants.

H3. Any and all other warranties, conditions or other terms implied by statue or common law are, as far as legally possible, excluded. Other than as set out, The Foundry Types makes no warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

H4. The Foundry Types Ltd shall not be liable for any loss of profits, goodwill, reputation, business, anticipated savings, contracts, goods, data (or corruption of that data) or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

H5. The Foundry Type Ltd’s liability for all other claims which arise in connection with this Agreement shall be limited to the monies paid by you in the 12 months immediately preceding the date of the event giving rise to the claim. Nothing in this section, or elsewhere in this Agreement, excludes or limits our liability for:
• death or personal injury resulting from negligence; or
• any damage or liability you incur as a result of fraud or fraudulent misrepresentation by
The Foundry Types Ltd.

I – Miscellaneous 

I1. This Agreement shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim on, or in relation to, this Agreement and any dispute between the parties (where not prevented by law). This Agreement constitutes the entire agreement between The Foundry Types Ltd and you and supersedes any prior discussions or negotiations, whether verbal or in writing. No amendment, modification, or waiver will be valid or enforceable unless materialised in an agreement signed by both parties. If any part of this Agreement is found void or unenforceable, it will not affect the validity of the rest of the Agreement, which shall remain valid and enforceable according to its terms. The Foundry Types Ltd’s failure or election not to enforce a provision of this Agreement is not a waiver of its right to do so later. The numberings and section titles within this Agreement are for convenience and shall not affect or alter the meaning or construction of any terms or provisions of the Agreement.

I2. The Foundry Types Ltd will not be liable for a delay or failure to perform its obligations if the delay or failure results from circumstances beyond its reasonable control. This includes (but is not limited to) acts of God, flood, pandemic, fire, accident or impossibility of obtaining materials.

I3. You may not assign, charge, sub-contract, sub-license (unless expressly permitted to do so in this Agreement) or otherwise dispose of any of its rights or obligations under this Agreement without The Foundry Types Ltd’s prior written consent.

I4. If any provisions of this Agreement are held to be invalid, illegal or unenforceable, then such provision(s) shall be severed from it and the validity, legality and enforceability of its remaining provisions shall not be affected or impaired.

I5. Waiver of any right(s) at any time shall not constitute waiver of any right(s) at any future time.

Thank You

Thank you for taking the time to read this Licence carefully to be sure you understand the terms and conditions in relation to your purchase. If you have any doubts or questions big or small about its terms and conditions, please contact us at [email protected].

The Foundry Types operates exclusively on a B2B basis, it does not contract directly to the general public. It does not deal with consumer sales and/or licensing. By continuing you are confirming that you are not a consumer for the purposes of the Consumer Credit, Consumer Rights, and Sale of Goods legislation and that you are in business and placing an order for the purpose of that business and not for personal use.

A – General

A1. This Trial Desktop End User License Agreement (the “Agreement”) constitutes a binding legal agreement between you (“the User”, “Customer”, “Licensee”, “Individual”, “Company”, “Corporation”, or “Organisation”) and The Foundry Types Ltd (“The Foundry Types Ltd”, “Licensor”, “Us” or “We”) and establishes the terms and conditions by which you are permitted to install and use the Font Software that is the subject of this Agreement (and the typographic glyphs generated by using that Font Software and all electronic data contained or generated by the same), (“Licensed
Software”, “Fonts”, “Font Data” or “Typefaces”).

B – Important notice to users

B1. The right to use this The Foundry Types Ltd Licensed Software product is granted only on the condition that the customer agrees to the terms and conditions in this Licence Agreement.

B2. When you use this product on behalf of any other party, you warrant that you have the legal authority to enter into this contract on behalf of that party.

B3. By downloading, installing and/or using The Foundry Types Ltd Licensed Software, you indicate that you have read, understand and agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, do not proceed and install the Licensed Software and/or you must terminate the order process immediately.

B4. You are prohibited from distributing, transmitting, leasing, loaning, selling or sub-licensing, in whole or in part, the Font Software, to any third party (which includes a subsidiary, affiliate, franchisee, assignee, customer or agent). You are also prohibited from renaming, modifying, reimaging, reverse engineering, reformatting or decompiling for any purpose other than as permitted herein,
or as permitted by law.

B5. You do not own the Licensed Software, including any glyph or glyphs generated by the Licensed Software, or any other electronic data comprised in the Licensed Software. You are permitted to use the Licensed Software. Trial Fonts will remain, in whole, copyright to The Foundry Types Ltd at all times.

B6. The Foundry Types Ltd is and shall remain the sole owner of all Intellectual Property Rights in the Licensed Software and any typographic elements generated by the same. You hereby acknowledge that the Licensed Software, and all elements thereof, are protected under the Copyright, Designs and Patents Act 1988 and equivalent international and national laws and treaties including as literary and artistic works, as the context requires. This title and ownership extends to copies of the data installed on any computer, downloaded to any output device, or retained on other media by you as a backup. The use of this Trial Software licence does not transfer any right, title, or interest in this Font Software (or element thereof) to you, except as specifically set forth in this Agreement.

C – Trial Font Permitted usage

C1. You can download this font as a free trial version, allowing you to use the fonts in mock-ups, analysis and client presentations, before licensing the full version. The trial version has a limited character set containing; capitals, lowercase, figures and basic punctuation, with no OpenType features. The trial fonts are not for commercial use.

C2. If you intend to use the Licensed Software in multiple locations you agree to supply full details of all locations where you intend to use the fonts. The Licensed Software may not be passed to other locations without prior written permission from The Foundry Types Ltd.

C3. The use of this Trial Licensed Software is limited to preview and test purposes only. This Licence does not permit embedding of this Font Software into any documents that allow editing or altering, or into any websites, products, or devices completely or partially.

C4. Specific licensing may be available on request and upon written approval of The Foundry Types Ltd.

D – Software Licence restrictions

No public or commercial use

D1. If you wish to use the Trial Fonts for commercial purposes, you must purchase an appropriate Licence from our website for the full version of the Fonts.

D2. You are prohibited to upload bitmapped images and graphics such as a PNG, JPEG, GIF or TIFF created using the Trial Licensed Software to your website, you cannot embed the Licensed Software in a website, app (mobile or otherwise) or device with this licence set out in this Agreement.

Audit

D3. This Licensed Software product may not be duplicated or copied except as permitted by law and for initial archive purposes, program error verification or to replace defective media, and all such copies made must bear the copyright notices contained in the original (as outlined in C.3). Subject to the granting of a separate multi-workstation licence, the required number of copies may be made to enable the use of the product simultaneously on the number of workstations
that are licensed.

D4. No copies of this font software product may be produced for the supply or use by third parties or for any purpose other than those purposes expressly permitted above. This Licence and Font Software product is non-sublicensable, non-transferable. You are strictly not permitted to provide the Licensed Software to unlicensed parties (including colleagues, print bureaus, business, individuals or clients) and to do so would constitute a breach of licence and infringement of our intellectual property rights.

Licensing

D5. In the event you are trialing this licence for use on behalf of your client (e.g. you are an agency acting on behalf of a client) your client must purchase its own license to use the Licensed Software. Any supply and onward use, to and by an end client without the appropriate licence will be a breach of licence and infringement of intellectual property rights.

D6. If you hire an external, 3rd party designer (including freelancers) or design studios to create a project for you, you are not permitted to share the Licensed Software to the same except in non-embedded image formats; external, 3rd party designers who need to make edits using the Licensed Software must license the Font Software separately.

D7. The Use by you of The Foundry Types Ltd Licensed Software (or part thereof) without a licence or adequate licensing will, without prejudice to any other rights or remedies available to The Foundry Types Ltd in law, require a license to be paid for the usage of the Licensed Software retroactively. Where this is the case The Foundry Types Ltd reserves the right to charge you, on a full indemnity basis, for management time, expenses, legal work undertaken and damages, lost profits and loss of earnings.

No imitations

D8. You are strictly forbidden to auto trace, redraw and recreate The Foundry Types Ltd Licensed Software and any output data, images, glyphs of the same, in part or in full. Where this is the case The Foundry Types Ltd reserves the right to charge you, on a full indemnity basis, as it sees fit for time, expenses, management time, legal work undertaken and damages, lost profits or loss of earnings. The reproduction of The Foundry Types assets, the creation of mock ups and imitations or holding yourself out as The Foundry Types is against all copyright laws, trademarks and violates The Foundry Types integrity. To do so will cause material and irrevocable damage.

No Modifications

D9. If you want to modify or create a new glyph, “swap” alternates or move characters to different Unicode or keystroke positions, it is subject to The Foundry Types Ltd’s permission, and any design work to the Licensed Software must be designed and created only by The Foundry Types Ltd. You are not permitted to either yourself, or via a third party, modify the Licensed Software without the prior written consent of The Foundry Types Ltd.  Any violation of this provision will render you liable, on a full indemnity basis, for damages calculated on the basis of The Foundry Types’ highest charges for font software development and modification, damages, infringement and the license for the use.

Embedding

D10. This License does not permit you use or embed the Font Software on the web or in any documents that allow sub-setting (completely or partially) as live text editing or altering, Mobile App products, ePub/eReader devices or Apps, Games for Mobiles or consoles, embedded applications, or in any dynamically updated, procedurally generated, or other applications and that the font data is never accessible to others. Including without limitation those wherein a human operator does not conduct the final output of the work such as Document Composition and Automation Systems.

D11. This licence does not permit you to use the Licensed Software and outputs from the same, on a broadcast/TV channel; if you want to use the Licensed Software for broadcasting, Web, App, Games or Servers please contact us.

D12. The Trial Licence does not permit the use of A.I (Artifical Intelligence) in any way.

Security

D13. You are required to implement reasonable security precautions, protocols and protective measures to prevent the unauthorized use, distribution, duplication, transmission or dissemination of the Licensed Software.

Uploading to Repositories

D14. You must not commit the Licensed Software files to any public GIT repositories, even to make available to licensed users. Any such act would constitute an unlicensed distribution (making the Licensed Software and outputs, including glyphs that are protected as artistic works, available to unlicensed users) of our Font which is strictly not permitted. Any unauthorised distribution via such repositories shall constitute a material breach of our licence terms. We expressively omit the permission of uploading font files to data repositories, community forums and networks. Uploading to GIT repositories is strictly forbidden, even for storage purposes.

Political Use

D15. The Licensed Software shall not be used for, or in relation to, political messaging or by political parties, political organisations, lobbying organisations, or activists, without the prior written consent of The Foundry Types Ltd.

Alphabet Products

D16. The Licensed Software is not permitted to be used in the production of prefabricated alphabet or letterform products including products that reproduce or display font glyphs as aesthetic objects, but not limited to: stencil products, adhesive alphabet stickers, dry transfer lettering, t-shirts, merchandise and novelty ampersands. If you would like to make such products, please contact us.

E – Ownership

E1. The Licensed Software belongs to The Foundry Types Ltd at all times and is the intellectual property of the owners at The Foundry Types Ltd.

F – Termination

F1. The Foundry Types Ltd reserves the right to immediately terminate this licence on notice upon breach of any of the above conditions or you become, in the reasonable opinion of The Foundry Types Ltd, unable to pay your debts (to it, or any third party) including either as a result becoming insolvent or making arrangements with administrators. In the event of termination, you must immediately irretrievably delete the Licensed Software from all systems and either return all copies of this product to The Foundry Types Ltd or, with The Foundry Types Ltd prior consent, provide The Foundry Types Ltd with a certificate of destruction of all copies.

F2. The Foundry Types Ltd will revoke the Agreement without refund or compensation where the Font data and The Foundry Types Ltd integrity is compromised and damaged. After the termination of the Agreement, you must destroy all data and copies, (including all backup or archived copies on external storage devices, USB drives or uploaded to Git repositories).

G – Term

G1. This Trial Licence Agreement is a perpetual licence and is effective forever, except if terminated in accordance with its terms.

H – Warranty and Liability

H1. The Foundry Types Ltd (Licensor) warrants that the Font Software will perform materially in accordance with its stated specifications and that the media will be free from defects in material and workmanship. This warranty is for a period of thirty (30) days from date of purchase, during which time defective data will be replaced at no charge. Any remedy under this warranty is limited to return of the original data to The Foundry Types Ltd for replacement and you shall not be entitled to any refund, damage, or otherwise.

H2. This clause H sets out The Foundry Type Ltd’s entire liability to you for (a) a breach of this Agreement and (b) any statement, representation, tortious act or omission (including negligence) arising under this Agreement. This includes liability for acts or omissions of our employees, agents, subcontractors or consultants.

H3. Any and all other warranties, conditions or other terms implied by statue or common law are, as far as legally possible, excluded. Other than as set out, The Foundry Types makes no warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

H4. The Foundry Types Ltd shall not be liable for any loss of profits, goodwill, reputation, business, anticipated savings, contracts, goods, data (or corruption of that data) or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

H5. The Foundry Type Ltd’s liability for all other claims which arise in connection with this Agreement shall be limited to the monies paid by you in the 12 months immediately preceding the date of the event giving rise to the claim. Nothing in this section, or elsewhere in this Agreement, excludes or limits our liability for:
• death or personal injury resulting from negligence; or
• any damage or liability you incur as a result of fraud or fraudulent misrepresentation by The Foundry Types Ltd.

I – Miscellaneous

I1. This Agreement shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim on, or in relation to, this Agreement and any dispute between the parties (where not prevented by law). This Agreement constitutes the entire agreement between The Foundry Types Ltd and you and supersedes any prior discussions or negotiations, whether verbal or in writing. No amendment, modification, or waiver will be valid or enforceable unless materialised in an agreement signed by both parties. If any part of this Agreement is found void or unenforceable, it will not affect the validity of the rest of the Agreement, which shall remain valid and enforceable according to its terms. The Foundry Types Ltd’s failure or election not to enforce a provision of this Agreement is not a waiver of its right to do so later. The numberings and section titles within this Agreement are for convenience and shall not affect or alter the meaning or construction of any terms or provisions of the Agreement.

I2. The Foundry Types Ltd will not be liable for a delay or failure to perform its obligations if the delay or failure results from circumstances beyond its reasonable control. This includes (but is not limited to) acts of God, flood, pandemic, fire, accident or impossibility of obtaining materials.

I3. You may not assign, charge, sub-contract, sub-license (unless expressly permitted to do so in this Agreement) or otherwise dispose of any of its rights or obligations under this Agreement without The Foundry Types Ltd’s prior written consent.

I4. If any provisions of this Agreement are held to be invalid, illegal or unenforceable, then such provision(s) shall be severed from it and the validity, legality and enforceability of its remaining provisions shall not be affected or impaired.

I5. Waiver of any right(s) at any time shall not constitute waiver of any right(s) at any future time.

Thank You

Thank you for taking the time to read this Licence carefully to be sure you understand the terms and conditions in relation to your purchase. If you have any doubts or questions big or small about its terms and conditions, please contact us at [email protected]

We are very appreciative for supporting our business with the purchase of the appropriate licence and we hope you enjoy using our font software. We are always happy to see great work using our typeface designs, so if you want to share your work with us, feel free to do so.