Storm Type Foundry Desktop End User License Agreement
1. Subject of this Agreement
1. 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. Desktop License Grant
2.1 You may install and use the Licensed Font(s) on only a specified number of computers (stated in your Invoice) at one single location (Company Name). These computers can be connected to, and the font software used with, any number of output devices, such as a laser printer, ink jet printer, an imagesetter or a film recorder. You may use the Licensed Font(s) to create texts and images on any surface such as computer screens, paper, web pages, photographs, movie credits, printed material, T-shirts, and other surfaces where the image is a fixed size. You may use the Licensed Font(s) to create EPS files or other scalable drawings provided that such files are only used by the household or company licensing the font.
2.2 Embedding. You may embed the Licensed Font(s) into any document you send to third parties. Such documents may be viewed and printed (but not edited) by the recipients.
2.3 Modifications. You may import characters from the Licensed Font(s) as graphical objects into a drawing application and modify such graphical objects as vector outline artwork. Similarly, you may do so in in rasterized bitmap editors.
2.4 Restrictions of use. You may not under any circumstances embed the Licensed Font(s) into software or hardware products in which the fonts will be used by the purchasers of such products. Such use requires a different license which may be offered by Stormtype. Please contact [email protected] for further information.
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.
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).
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.
7. Warranty; Limitation of Liability
7.1. 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).
7.2 Stormtype DOES NOT WARRANT THE 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.
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.