End-User License Agreement (EULA)
This End-User License Agreement (hereinafter ‘Agreement’ or ‘EULA’) constitutes a binding legal Agreement between you, or, if you represent a legal entity, that legal entity (hereinafter ‘you’ or ‘Customer’) and Davide Rossetto Typografische Systeme (hereinafter ‘DRTS’), and is applicable to the Font Software that is accompanied by this Agreement or that you have ordered online. By downloading or installing the Font Software you confirm that you have read, understood and agreed to the terms of this Agreement.
1.1 Subject to the terms of this Agreement, DRTS grants to Customer a non-limited, non-exclusive, non-transferable, revocable License.
1.2 This Agreement does not grant to Costumer any right, title or interest in or to the DRTS Properties, other than the grant of rights expressly provided in this Agreement. All rights not granted by this License are expressly reserved.
1.3 The Font Software and its related documentation may not be resold, rented, leased, sub-licensed or lent to another person or entity.
1.4 The Customer is obliged to take appropriate actions to make sure the Font Software is only used within the scope defined in the Agreement and not made available by any means to third parties other than permitted herein. The Customer agrees to inform all users who have legitimate access to the Font Software about the content of this Agreement and to make sure that they comply with the terms of this Agreement.
1.5 If the Costumer is acting for the benefit of a third party client (such as an independent contractor or freelance Licensee creating content for the benefit of an end user client), the third party client must purchase the appropriate License if the third party client needs to install the Font data itself.
1.6 For using the Font Software in broadcasts, video or film, an additional broadcasting License is needed and needs to be acquired prior to first use. Broadcast and film usage refers to the use of the Font Software in titling, credits or other text for any onscreen broadcast via television, video or motion picture.
Copies or Modifications
2.1 The Font Software or any portion of the service may not be copied or duplicated in any form except for storage or caching as may temporarily occur during proper use of the Licensed Software, and, optionally, a single copy solely for backup purposes.
2.2 Any modification or converting of the Font Software is prohibited. The Customer agrees not to adapt, modify, alter, translate, convert, or otherwise change the Font Software, or to create Derivative Works from the Font Software or any portion thereof.
Embedding and Digital Transfer of the Font
3.1 Embedding and digital transfer of the Fonts is prohibited except as expressly provided in this section.
3.2 The Customer may embed the Fonts into electronic documents or graphic image files for personal, academic, or internal business use, provided that only subsets of the Fonts, consisting only of the characters used in the document or file, are embedded and the electronic documents or graphic files are distributed in a format that allows only printing and viewing, and prohibits editing or modifying the text.
3.3 The Customer may transmit a document or graphic data file containing embedded Fonts to a printer or service bureau only in a format that allows only printing and viewing, and prohibits editing or modifying the text.
3.4 The Customer may not embed the Fonts in an electronic document, graphic file, or other format or in an application or Software system that is offered for distribution as a commercial product – a product for which a fee, subscription, or other consideration is charged or exchanged or an upgrade or supplement to such a commercial product, including, but not limited to, an electronic publication such as an e-book e-magazine, or e-newspaper.
4.1 The Desktop-License grants you the right to install the Font Software on desktops, laptops or workstations. The amount of computers you can install or use the Desktop-Fonts depends on the amount of Licenses purchased. Their geographical location is not limited but the users must belong to the same organization or household.
4.2 Any use of a Desktop-Font with the CSS rule @font-face or other forms of Font linking or embedding (except PDF) are prohibited.
4.3 The Customer may convert Fonts into path or pixels and create outline artworks based upon Desktop-Fonts.
5.1 The Web-License is licensed on a per Domain basis. For the purposes of clarity, this License covers use of the licensed Software in connection with only one Domain (e.g. one website accessible from one root domain name). The use of the licensed Software on more than one Domain requires the purchase of an upgraded License, which can be obtained by contacting DRTS.
5.2 Irrespective of the License(s) purchased, the Font Software must, at all times during the licensing term, remain in your exclusive and actual control during the use, serving, display and transmission of the licensed Software.
5.3 The only use allowed of the Font Software and Fonts and glyphs generated thereby in accordance with this Agreement is web Font (CSS @fontface) embedding for displaying formatted text in web browsers.
6.1 The App/Epub-License permits the use of Font Software within one mobile phone and tablet application or epub (electronic publication).
6.2 Each App/Epub License grants the use of the Font Software in one Application/Electronic publication title only; sequels or updates of the initial App or Epub are permitted.
6.3 Each App/Epub License requires a one-time payment. There is no limit to the number of installations, users or sales of your App or Epub.
6.4 The Customer agrees to not use the Font Software in an Application that outputs files in formats such as PDF, JPG, PNG (or any other static image file type), vector images, text documents or any possible third-party exportable files. The use of the Font Software is strictly limited to within your Application for text display only purposes.
7.1 The Trial-License is intended to be used for testing and evaluation only. They may be used in any local application to typeset and use to help aid in the decision to purchase a full License. If the Customer wants to use the Font in any other way, except testing, the full version has to be purchased.
7.2 The use of the Trial Fonts in any final files for any commercial or public project is permitted; furthermore, the use of the Trial Fonts in Cascading Style Sheets (CSS) employing the “@font-face” tag is expressly prohibited.
Intellectual Property Rights
8 The Customer agrees to the fact that the Font Software and Fonts embodied herein are copyright-protected, and that all intellectual property rights including copyrights, design rights and other rights to the Font Software and the Fonts (including the design and art work, the metadata, Font Software etc.) rest solely with DRTS. These rights are not limited to any geographical area but apply worldwide.
9.1 The Font Software is provided ’as is’.
9.2 DRTS does not provide any warranties for the Font Software under this Agreement. Especially, DRTS disclaims all warranties, representations and guarantees, express or implied, as to fitness for any particular purpose, merchantability or otherwise with respect to the Font Software.
Disclaimer and Limitation of Liability
10.1 In no event will DRTS or its suppliers be liable to the Customer for any loss, cost or damage, including without limitation indirect, special, consequential, or incidental damages, including any lost profits or lost savings, loss of goodwill, business interruption, work stoppage, loss of data, or computer failure, damage or malfunction, or for any claim by any party, even if licensor has been apprised of the possibility of such damages, and regardless of the theory (including contract, tort, strict liability, negligence or otherwise) upon which such claim is based.
10.2 The Customer acknowledges and agrees that these limitations are an essential element of this Agreement and that the price for the licensed Software is determined in part by taking into account the existence of these limitations.
11.1 DRTS has the right to terminate this Agreement and all granted usage rights immediately if the Customer fails to comply with any of the terms herein.
11.2 Upon termination, the License granted is immediately cancelled, and the Customer must destroy immediately all Font Software and documentation, including any (backup)copies of it and stop using the Font Software.
11.3 The Customer waives any challenges to, defenses or claims to defense as regards DRTS’s right to the Font Software and DRTS’s rights to terminate this Agreement in the manner state above.
If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect.
Venue and choice of law
DRTS is a company based in Switzerland. Any dispute arising from this Agreement will be settled according to Swiss law and at DRTS’s venue in Switzerland.