By downloading, installing and/or embedding font software (“Fonts”) offered for license by Rachel Kick (“Licensor”), you (“Licensee”) agree to be bound by the following terms and conditions of this End User Licensing Agreement (“EULA”):
1. Rights Granted
Licensor grants to Licensee a perpetual, worldwide, non-exclusive and non-transferable license to install the Fonts, and create, reproduce, modify, display, and distribute artwork created with the Fonts in accordance with the terms and conditions of this EULA.
1.1 Installation, Storage, & Backup
The Licensee is permitted to distribute the Fonts along with this EULA to the specified number of licensed users (“Licensed User[s]”) as indicated on the applicable order receipt (“Receipt”).
Each Licensed User is permitted to install the Fonts on desktop, laptop, and handheld computers directly operated by such Licensed User.
Cloud Design Apps
Each Licensed User is permitted to upload the Fonts to cloud-based design application accounts controlled by the Licensed User[s], and used only by the Licensed User[s] for the purpose of creating artwork with the Fonts.
The Licensee is permitted to upload the Fonts to a server or a cloud-based storage service that is owned, leased, or otherwise controlled by Licensee, for the purpose of storage, asset management, and retrieval by Licensed Users only.
The Licensee is permitted to make a reasonable number of backup copies of the Font for disaster recovery purposes only.
Digital Documents and Artwork
Licensed Users are permitted to use the Fonts in static, digital files, documents, and artwork (“Documents”) including Portable Document Format (“PDF”), subject to embedding restrictions in Section 1.3.
Books and Physical Goods
Licensed Users are permitted to use the Fonts in artwork for an unlimited number of physical goods such as books, collateral, clothing, signage, and promotional items.
Licensed Users are permitted to use the Fonts to create logos and logotypes.
Licensed Users are permitted to use the Fonts to create artwork for all forms of video, animation, television, cinema, and broadcast (“Broadcast”). These uses include titles, credits, overlays, slides, and interstitials.
No Dingbat Products
Licensed Users are prohibited from using non-letterforms (“Dingbat[s]”) from the Font, as the primary design element of the product. Examples include: a coffee cup featuring a Dingbat image, or a logo that uses a Dingbat as the logomark.
No Typesetting Products
Licensed Users are prohibited from using the Fonts to create typesetting-like products where individual letterforms from the Fonts can be composed by End Users to create words. Examples include: kits of individual letters using rubber stamps, stickers or stencils; or dry-rub lettering sheets.
Limited Digital Document Embedding
Licensed Users are prohibited from distributing or embedding the Fonts in Documents to unlicensed End Users in any format other than read-only PDF. The Fonts used in other Document formats distributed to unlicensed End Users must be (a) rasterized into a pixel-format image, or (b) converted into static vector outlines.
Licensed Users are permitted to distribute or embed the Font in editable Documents (including PDF, Microsoft Word® & Microsoft Powerpoint®) only to other Licensed Users.
No Other Systems/Product Embedding
Licensed Users are prohibited from embedding the Fonts in:
- Websites and digital ads using CSS @font-face
- Desktop applications, mobile apps, and other software
- Cloud-based apps allowing third-party, End User Font usage
- Electronic devices
- Digital games
- Editable templates and editable PDFs
1.4 Third Parties
The Licensee is permitted to temporarily provide the Fonts to a third-party designer or agent (“Agent”) who is working on behalf of the Licensee. Any Agent using the Fonts is treated as a Licensed User and counts toward the total number of Licensed Users. All Agents of the Licensee must: (a) agree in writing to Licensee that the Fonts will be used exclusively for Licensee’s work, in accordance with the terms of this EULA; and (b) destroy all copies of the Fonts upon completion and delivery of the work to Licensee.
2. Font Modifications
Licensed Users are prohibited from modifying the Fonts, or creating derivative Fonts without prior written consent from Licensor or the Font’s copyright holder except where derivative Fonts are necessary for embedding or linking in accordance with this EULA.
The Fonts are protected by United States and international copyright and other laws and treaties. The copyright holder is the sole, exclusive owner of all intellectual property rights, including rights under copyright and trademark law. Licensee agrees not to use the Fonts in any manner that infringes the intellectual property rights of the copyright holder or violates the terms of this EULA. Licensee will be held legally responsible, and indemnifies Licensor, for any infringements on the copyright holder’s rights caused by failure to abide by the terms of this EULA.
This EULA is effective until terminated. If Licensee fails to comply with any term of this EULA, Licensor may terminate the EULA with 30 days notice.
5. Refunds & Disclaimer
At Licensee’s request, Licensor may, at its discretion, provide a refund for the Fonts if the following conditions have been met:
- The Fonts have never been used in any published or released artwork by Licensee.
- No more than 30 days have passed since the date of purchase, specified on the Receipt.
- The Fonts have been completely removed or destroyed from all Licensee’s installations, servers, and backups.
The Fonts are provided “as is.” Licensor 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.
Licensor shall not 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 product even if Licensor has been advised of the possibility of such damages.
Because some U.S. states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to Licensee.
7. Governing Law
This EULA is governed by the laws of the United States of America and the State of California.
8. Entire Agreement
This EULA, in conjunction with the Receipt that accompanies each Font licensed from Licensor, constitutes the entire agreement between Licensor and Licensee.
9. Agreement Modification
The Licensor and Licensee may modify or amend this EULA when agreed to in writing.
The waiver of one breach or default hereunder shall not constitute the waiver of any subsequent breach or default.