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End User License Agreements (EULAs)

Flat-it Type Foundry License Agreements

Flat-it Type Foundry logo
Flat-it's The end user license agreement

A) GENERAL:

Please read this legal agreement(the “EULA”, “License” or “Agreement”) between the end user (“You” or “Licensee” ) and Flat-it carefully before purchasing, downloading, installing or using Flat-it Font Software (“Font” or “Software”). By installing or using the font, you are agreeing to be bound by the terms of this agreement.

B) GRANT OF LICENSE:

This Flat-it font, the design of the font embodied in it and the name of the font are the exclusive property of Flat-it, and all rights not granted to you herein are specifically reserved to Flat-it. This font is licensed, not sold to you, and this license does not transfer any right in the designs produced by the font, or in the font itself. The Flat-it font and all copies made of it remain the property of Flat-it. You are granted the non-exclusive, terminable and nontransferable right to use the font. The use of the font must be in accordance with the following terms and conditions.

C) INSTALLATION AND NUMBER OF USERS:

The maximum number of simultaneous users and installable devices(workstation and laptop, or portable device used as a substitute for a workstation type computer) is specified when the font was purchased by the licensee. The default number of both are five (5). All users must belong to the same company or household purchasing the font. You may install and use the font on a single file server for use on a single local area network (“LAN”) provided that the use of the font is limited to the users and the number of users authorized under this agreement.

D) MULTI-USER LICENSE:

Additional licensing is required if the font is being used by or being installed on more than the authorized number of users or devices as specified when the font was purchased. It is able to purchase multi-user license through most distributers at a discounted price.

E) PERMISSIONS AND RESTRICTIONS:

E1 - USE OF THE FONT

You may use the font in the creation of static images, vector outlines, bitmaps and graphic files (e.g. GIF, JPG, PNG) for your personal and professional use in printings such as, but not limited to, book cover, logos, letterheads, business cards, business forms, banners, presentations, and artwork on clothed, toys and packaging that you or your clients are selling. And you may also use in the creation of rasterized images for web sites.

E2 - THIRD PARTIES

You may provide the font to a graphic designer, web designer, software 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 font on completion of the work or purchase their own license for continued use of the font. You may not provide the font to these parties for any other purpose. You may not provide the font nor make it accessible to any other third parties.

E3 - MODIFICATIONS

You may import characters from the font as graphical objects into a drawing program and modify such graphical objects. You may modify the font solely for your own use. The modified font will be covered by the terms of this agreement. You may convert the font to other font format such as TTF and PS solely for your own use. The converted font will be covered by the terms of this agreement. The modified or converted font may not be sold or distributed. Under no circumstances will Flat-it be responsible to any end user, whether licensed, authorized or not, for the performance of any user modified or converted font nor will Flat-it support any user modified or converted font. Converting to web font format such as WOFF and EOT or using TTF with @font-face linking is not allowed. You may purchase web font license and can be provided web font service from most of distributors.

E4 - BACK-UP

You may make a single back-up copy of the font for archival purposes only. Upon termination of this agreement, you must destroy the original and any copies of the font.

E5 - DOCUMENT EMBEDDING

You may embed the font into PDF files provided that “subsetting” is employed to minimize as far as possible the number of the font characters being embedded and the document created is set to “Print and Preview” so that they cannot be edited, altered, enhanced or modified in any way or by any person other than an authorized user. You may also embed the font into other electronic documents (such as, but not limited to, MS Word, MS Powerpoint files and Flash) in “Print and Preview” format only. Editable embedding may requires an additional licensing for each recipient of the document and font files.

E6 - WEB EMBEDDING

A separate licensing is required in order to convert the font into any web font format (such as WOFF and EOT) for the purpose of embedding the font into internet web sites. You may purchase web font license and available web font cloud service from our partners.

E7 - ePUB OR E-BOOK EMBEDDING

Additional licensing is required in order to embed the font into commercial electronic publications (such as files of ePUB, AZW and PDF for commercial publications).

E8 - SOFTWARE EMBEDDING

You may embed the font into a single software or install the font on a web server provided that the end user cannot use the font to create something. Use of the font for uneditable part such as game title, end-title roll or menu button are permitted. Additional licensing is required in order to use the font as a part of server or browser-based software or service/product that can be editable, or available by the end user (e.g. graphics editing program such as Adobe CS or online personalized service such as a greeting card or a Flash game which can input user name by the font or screen display for unspecific purpose.)

E9 - LETTERFORM PRODUCTS

Additional licensing is required in order to use the font for a commercial product as the principal design element such as, but not limited to, stamps, magnets, stickers, stencil kits or digital product(e.g. clip arts, templates).

E10 - PERSONALIZED PRODUCTS

Additional licensing is required in order to use the font for personalized commercial products you or your customer sell using the font as a resource to create such as, but not limited to, individually customized T-shirts, greeting cards, mugs, stamps, stickers, invitations.

E11 - BROADCAST

For use in film, commercials or in television broadcasts such as, but not limited to, the use of the font to create titling, subtitle, or end-title roll, the terms of the license are limited to an annual broadcast season or the initial release and one country(except internet). Unless otherwise provided for, broadcast usage licensing must be renewed prior to following season (whether original or re-rerun, both foreign and domestic) to retain a valid license.

F) PROHIBITIONS:

You may not give away, resell nor distribute the font through any medium for a reason other than listed above unless you have written authorization from us to be a Flat-it distributor. You may not upload the font to public internet server nor make the font available for download except by licensed users for a reason other than listed above.

G) TERMINATION:

This agreement is effective until terminated. This agreement will terminate automatically without notice from Flat-it if you fail to comply with any provision contained herein. Upon termination, you must destroy all copies, modified copies of the font.

H) DISCLAIMER AND LIMITED WARRANTY:

Flat-it warrants the font to be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of delivery as shown on your receipt. Flat-it's entire liability and your exclusive remedy as to defective font shall be, at Flat-it's option, either return of purchase price or replacement of any such product that is returned to Flat-it with a copy of the invoice or send a new version of the font.

Flat-it shall have no responsibility to replace the font or refund the purchase price if failure results from accident, abuse or misapplication, or if any fonts are lost or damaged due to theft, fire, or negligence. Any replacement product will be warranted for thirty (30) days. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE PRODUCT, IS PROVIDED “AS IS”. NEITHER FLAT-IT NOR THE DISTRIBUTOR MAKES ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

The entire risk as to the quality and performance of the product rests upon you. Neither Flat-it nor the distributor warrants that the functions contained in the product will meet your requirements or that the operation of the font will be uninterrupted or error free.

NEITHER FLAT-IT NOR THE DISTRIBUTOR SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE FONT EVEN IF DISTRIBUTOR OR THE FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

I) COPYRIGHT:

The Flat-it font is copyrighted and contain proprietary information and trade secrets belonging to Flat-it. Unauthorized copying of the font even if modified, merged, or included with other software is expressly forbidden. You may be held legally responsible for any infringement of Flat-it's intellectual property rights that is caused or encouraged by your failure to abide by the terms of this agreement.

We recommend you keep a copy of this agreement for future reference.

Please contact us or distributor to obtain additional license.

http://flat-it.com

info@flat-it.com

EULA version 2.0; applicable from the purchase since April 2012.

End User Licence Agreement for Flat-it Webfonts
This end user Licence Agreement (hereinafter "Agreement") is a legal agreement between you, or, if you represent a legal entity, that legal entity (hereinafter "You") and Flat-it (hereinafter "Flat-it"), and is applicable to the Font Software that is accompanied by this Agreement or that You have ordered online.
By downloading the Font Software or, if You purchased it not online, by installing the Font Software or by opening the package, You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not download, install, or use the Font Software. If You have purchased Font Software in a sealed retail package and do not agree to the terms of this Agreement, return it unopened to the place of purchase.

1. Definitions
"Font Software" means coded software that is accompanied by this Agreement or that You have ordered online and that generates typeface designs when used with the appropriate hard- and software, plus any and all other data including documentation provided with such software.

"Licensed Unit" means installations of the Font Software that allow the design of Your Websites which have - based on any six consecutive calendar months - not more than the overall monthly average of Pageviews stated on Your invoice for the purchase of the Font Software. If no number of Pageviews is given on your invoice, the licensed number of Pageviews is 500,000 per month. If Your Websites averages (based on a period of six consecutive calendar months) at any given time in the future more than the licensed number of Pageviews per month, You must purchase an extended licence from Flat-it or its authorized distributors.

"Use" means to design Your own personal or business Website with the typeface embodied in the Font Software and to make accessible the Font Software together with Your Website on a web server in order to enable a web browser to render the content of such a Website using the respective Font Software. Use does not include the behaviour set forth in Clause 2.2. below.

"Website" as used here is a connected group of related web pages which form an entity whose content is managed by You, and which are organized under a particular domain name, including sub-domains. The Website can be viewed either over Your local area network or over the Internet. For the avoidance of doubt, web pages on sub-domains whose content is managed by other persons are deemed to be not part of Your Website.

"Pageview" is each request to load a single page of each of Your Websites. Pageviews - also referred to as page impressions or page requests - must be recorded by a commonly accepted or recognized performance tracking system. Flat-it reserves the right to request written copies of your average Pageview reporting statistics.

2. Grant of Licence and Restrictions
2.1. Grant of Licence. Flat-it grants You a non-exclusive licence to Use the Font Software in a Licensed Unit for Your own personal or business purposes according to the terms of this Agreement. If the average number of Pageviews under which the Font Software is Used exceeds the amount set forth in the Licensed Unit, then You must request from Flat-it or its authorized distributors an appropriate licence extension covering all Pageviews; an additional fee will be charged for this licence extension.

2.2. Restriction of Use. You are not allowed to copy, distribute or make the Font Software available to third parties so that they can use it for their purposes or for purposes other than the display of Your Websites. In particular (but not limited to), You are not allowed (i) to disseminate or make available the Font Software or parts of it through any online service or a file sharing platform or (ii) to sublicense the Font Software to third parties so that they can use it for their websites (even though such websites are hosted under Your domain name), e. g. for websites in social networks, for individual online shops under a common domain name, in blogging communities, by online editors, as a design tool, etc. If You wish to use the Font Software for such purposes, You must obtain a special licence from Flat-it or its authorized distributors.

2.3. No Embedding. You may not embed the Font Software in any documents (e. g. pdf documents), applications or devices other than your Websites. You may not use the Font Software for other services that are rendering the fonts, e. g. pre-press, plotting, exposing, etc. If You wish to use the Font Software for such purposes, You must obtain a separate pre-press font licence from Mint Type or its authorized distributors.

2.4. Backup. You may make backup copies of the Font Software for archival purposes only, provided that You retain exclusive custody and control over such copies. Any backup copy of the Font Software must contain the same copyright, trademark, and other proprietary information as the original.

2.5. Modifications. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or attempt to discover the source code of the Font Software except as expressly provided for in this Clause 2 and the Definition of Use. If You want to make modifications to the Font Software, You must obtain the prior written consent of Flat-it.


3. Ownership
The Font Software, and all copies thereof, is protected by the United States Copyright Law, by the copyright and design laws of other nations, and by international treaties. Any copyright, trademark and other rights belong exclusively to Flat-it. You do not gain the ownership of the Font Software or any part hereof under this Agreement. The structure, organization, and the code of the Font Software are trade secrets of Flat-it, and You agree to treat them as such.

4. Transfer of Licence
Except as expressly provided herein, You may not give, rent or lease or make available the Font Software or parts of it to third parties. You may completely transfer Your licence right to Use the Font Software to another person or legal entity provided that (i) You stop Using the Font Software Yourself, (ii) the transferee accepts and agrees in writing (with copy to Flat-it) to be bound by all the terms and conditions of this Agreement, and (iii) You destroy all of Your copies of the Font Software, including all copies stored in the memory of a hardware device.

5. Limitation of Liability
If the Font Software does not perform substantially in accordance with the pertaining documentation, the entire and exclusive liability of Flat-it shall be limited to either, at Mint Type's option, the replacement of the Font Software or the refund of the licence fee You paid for the Font Software. Flat-it and its suppliers do not warrant the performance or results You may obtain by using the Font Software. Flat-it and its suppliers make no warranties express or implied, as to non-infringement of third party rights, merchantability, or fitness for any particular purpose. In no event will Flat-it or its suppliers be liable to You for any consequential, incidental or special damages, including any lost profits or lost savings, even if a Flat-it representative has been advised of the possibility of such damages, or for any claim by any third party. This warranty does not affect any claims You might have against Your retailer.

6. Export Restriction
You agree that the Font Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other applicable export laws, restrictions or regulations.

7. Termination
Flat-it has the right to terminate Your licence immediately if You fail to comply with any term of this Agreement. Upon termination, You must destroy the original and any copies of the Font Software.

8. General provisions
You agree to inform all users who have access to the Font Software about the content of this Agreement and to make sure that they comply with the terms of this Agreement. This Agreement may only be modified in writing signed by an authorized officer of Flat-it.

9. Governing Law
This Agreement will be governed by the laws of USA. This agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.