End-User License Agreement for fontalicious font software
This Fontalicious End-User License Agreement (“EULA”) is a legal binding agreement between you (either an individual or a single entity) and Fontalicious (“FONTALICIOUS”), for the software accompanying this EULA, which includes computer software and may include associated media, printed materials, and online or electronic documentation ("FONT SOFTWARE"). By exercising your rights to make and use copies of the FONT SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the FONT SOFTWARE.
1. GRANT OF LICENSE. This license to use the FONT SOFTWARE is non-exclusive, terminable and non-transferable and the use of the fonts must be in accordance with the following terms and conditions. All terms and restrictions contained herein apply universally to all technologies, platforms, formats, media, and methods of use, whether known or unknown, whether existing now or later developed, without limitation.
2. USAGE SCOPE. The FONT SOFTWARE is free to download and use for personal use, in accordance with the terms of this EULA. Any professional and/or commercial use requires a separate license or license upgrade. Professional and/or commercial use means any use of the FONT SOFTWARE in the course of trade, business, or commerce, including any use that generates or is intended to generate revenue, advertising value, brand promotion, or other commercial benefit, among others, whether or not such benefit is realized. Permitted uses, restrictions, and licensing requirements for professional or commercial use are described in this EULA. All use of the FONT SOFTWARE must comply with these terms.
3. PERMITTED INSTALLATIONS AND USES.
3.1 Installations. Use of the FONT SOFTWARE is limited to the number of end users identified when this license was downloaded/purchased. The FONT SOFTWARE may be installed on not more than two (2) computers (workstation and laptop, iPad or other portable device used as a substitute for a workstation type computer for each licensed End User), provided that both computers are not used simultaneously. For the purposes of clarity, a licensed end user may install the FONT SOFTWARE on their laptop, iPad and their workstation, provided each are not used at the same time. Serving of the FONT SOFTWARE to a licensed end users over a network, LAN, WAN or the Internet is strictly prohibited. If you need or otherwise desire to install and use the FONT SOFTWARE in such a manner, contact FONTALICIOUS for a special license.
3.2 Design Uses. Logos may be created for personal and professional/commercial use as follows: 1) Use of the FONT SOFTWARE in the creation of design works and rasterized images for websites is permitted only for personal use; 2) Use of the FONT SOFTWARE in the creation of design works and rasterized images for websites is permitted for professional/commercial use with an appropriate license upgrade. The use of individual characters, monograms, initials, or stylized letterforms in a manner that replicates, distributes, substitutes for, or recreates the functionality of the FONT SOFTWARE is strictly prohibited for either use.
3.3 One FONT SOFTWARE Back-Up. You are permitted to make a single back-up copy of the FONT SOFTWARE. The FONTALICIOUS FONT SOFTWARE or documentation may not be sublicensed, sold, leased, rented, lent, or given away to another person or entity.
3.4 Service Providers/Bureaus. In the event that you require the services of a third party for the production of color proofs, film or preparation for digital pre-press production or printing, upon completion of the project, you shall require the service provider to permanently delete the FONT SOFTWARE from all computers, devices, systems, backups, caches, or storage media. You are fully responsible for enforcing this requirement and must secure written certification from the service provider verifying deletion.
4. REFUNDS. If you do not agree to the terms of this EULA, do not download or install the FONT SOFTWARE. The FONT SOFTWARE may be exchanged only if defective. If you do not agree to the terms of this EULA and you wish to claim a refund you must (a) certify that no copy of the FONT SOFTWARE remains in your possession or control and (b) provide proof of a valid sale and a valid sales receipt. All claims must be made within one (1) week of purchase.
5. EMBEDDING
5.1 Software Embedding. Embedding, incorporating, bundling, packaging, including, referencing, or distributing any portion of the FONT SOFTWARE in any software application, executable program, mobile app, website, electronic publication, e-book, firmware, utility, plug-in, script, or any other digitally distributed product is strictly prohibited without a separate software embedding license. This prohibition applies regardless of whether the FONT SOFTWARE is stored as a separate file, converted into another format, encoded (including but not limited to Base64 or obfuscation), bundled as an asset, or used solely for internal text generation within the application, among other things. No use of the FONT SOFTWARE in or for software is permitted under this EULA unless expressly covered by a separate, written license upgrade. Technical failure, software limitations, or lack of knowledge do not excuse non-compliance with embedding restrictions.
5.2 Flash Type Embedding. Use of the FONT SOFTWARE in flash type animations or otherwise embedding the outlines or designs embodied in the FONT SOFTWARE is expressly prohibited. Any such use requires the express written permission by FONTALICIOUS and may or may not require the purchase of a license upgrade at the sole discretion of FONTALICIOUS.
5.3 PDF Type Embedding. Embedding the FONT SOFTWARE or its outlines into PDF documents is permitted solely for the purpose of fixed, static output documents where the embedded fonts cannot be extracted, edited, or reused in any manner. You are fully responsible for ensuring that their software tools support and correctly apply non-editable, non-extractable embedding. If your PDF creation software cannot guarantee non-extractable embedding, you may not embed the FONT SOFTWARE into PDFs under this EULA. All other forms of embedding—including editable, preview, installable, subsetted, partial, full, or incorrectly flagged embedding—are strictly prohibited without a separate PDF/document embedding license. Any PDF that allows extraction, editing, or recovery of the font data in whole or in part shall constitute an unlicensed redistribution of the FONT SOFTWARE. Technical failure, software limitations, or lack of knowledge do not excuse non-compliance with embedding restrictions.
5.4 Webfont Embedding. This license does not permit any form of webfont use or web-based deployment of the FONT SOFTWARE for commercial use. The FONT SOFTWARE may not be used, referenced, served, transmitted, embedded, linked, encoded, stored, included, or made available—directly or indirectly—in any webpage, stylesheet, script, server process, or web-accessible environment without a separate and additional license. Prohibited uses include, but are not limited to: 1) @font-face embedding of any kind, including WOFF, WOFF2, EOT, SVG, OTF, TTF, or any converted, subsetted, or modified format; 2) embedding or referencing the FONT SOFTWARE via Base64, data-URI, obfuscation, encryption, or any other encoded or inline method; 3) use with font-replacement or dynamic text-rendering technologies (including but not limited to Cufón, sIFR, TypeKit, webfont loaders, OpenType embedding, or any successor technologies); 4) server-side rendering of text into images, SVGs, PDFs, canvas objects, bitmaps, or any other output intended for display on websites or applications when such rendering replaces or simulates webfont usage; 5) use of the FONT SOFTWARE in any manner that results in remote users receiving, accessing, downloading, displaying, requesting, or rendering text using the FONT SOFTWARE. Any method that results in remote viewers—human or automated—having access to, or receiving the benefits of, the FONT SOFTWARE or its glyphs constitutes webfont use and is strictly prohibited without a webfont license. Technical limitations, implementation choices, or alternative delivery methods (including image-based rendering or server-generated typesetting) do not exempt you from these restrictions.
6. RESTRICTIONS. Except where expressly permitted in this license, you may not copy, distribute, modify, alter, adapt, convert, translate, transform, reverse engineer, decompile, disassemble, re-draw, re-digitize, trace, imitate, simulate, reproduce, regenerate, or otherwise create any derivative works of the FONT SOFTWARE or the glyph designs embodied therein, whether in whole or in part. For the avoidance of doubt, prohibited actions include, but are not limited to: 1) recreating or redrawing Glyphs: 2) manually or digitally tracing, redrawing, outlining, re-vectorizing, photographing, rasterizing, or otherwise reproducing the shape or design of any glyph for the purpose of creating a new font, artwork, alphabet product, typeface, or digital asset; 3) creating an “inspired by,” “similar,” “compatible,” or stylistically derivative font that relies on the appearance, proportions, metrics, or design characteristics of the Font Software; 4) extracting glyph outlines from rendered text, vector files, PDFs, EPS files, or other outputs to create reusable letterforms or derivative fonts; 5) conversion, translation, or reformatting: 6) converting the FONT SOFTWARE into any other font format including, but not limited to, OTF, TTF, TTC, WOFF, WOFF2, SVG, EOT, bitmap/bitmap-strike formats, variable font technology, or any successor formats; 7) generating subsets, supersets, modified encodings, variable font versions, or any recompiled forms of the FONT SOFTWARE; 8) embedding or packaging the FONT SOFTWARE inside any file or resource that enables extraction, re-use, installation, or rendering by third parties; 9) circumventing the FONT SOFTWARE and/or any technical limitations, encoding methods, or embedding restrictions; 10) creating derivative works of any kind: any typeface, alphabet, lettering system, logotype system, icon set, or symbol system that is based on, derived from, or that reproduces the design, metrics, weight, style, spacing, or visual identity of the FONT SOFTWARE is a prohibited derivative work, regardless of the degree of modification. Renaming or rebranding altered or traced versions of the FONT SOFTWARE does not create a new, permitted work and is likewise prohibited.
Lack of technical knowledge, tool limitations, or software behavior does not excuse non-compliance. All rights not expressly granted are reserved by FONTALICIOUS.
7. OTHER RESTRICTIONS. Use of the FONT SOFTWARE and the design of the font embodied therein are not permitted for professional/commercial use without purchasing a license upgrade. Professional/commercial use is defined as any use in and on which the FONT SOFTWARE is produced, printed, generated, displayed, or sold in the course of trade, business, or commerce, including any use that generates or is intended to generate revenue, advertising value, brand promotion, or other commercial benefit, among others, whether or not such benefit is realized. In order to obtain a license upgrade, you must contact FONTALICIOUS at licensing@fontalicious.com for more information. If you are unsure whether your use of the FONT SOFTWARE is specifically permitted under this EULA, contact FONTALICIOUS.
The following circumstances or applications are also prohibited without the applicable license upgrade:
1) alphabet of letterform-related products; 2) broadcast on television cable or the internet; 3) commercial exhibition, or film; 4) embedding in electronic devices; 5) all gaming devices; 6) embedding in software; 7) web font uses, among others.
7.1 The FONT SOFTWARE may not be used to create or sell any alphabet, letterform, monogram, initial, character, glyph, SVG, stencil, die-cut, stamp, embroidery pattern, digital file, or artwork whose primary value is the letterform itself. Any product—physical or digital—that reproduces or distributes individual letters or glyphs derived from the FONT SOFTWARE requires a separate license, regardless of format or method of creation.
7.2 Broadcast Use. Any use of the FONT SOFTWARE to create titles, credits, graphics, or on-screen text for video, film, streaming, or digital media requires a Broadcast License. ‘Broadcast’ includes all distribution channels—television, cable, streaming platforms, websites, YouTube, TikTok, social media, apps, and any other medium, whether known or unknown, where video content is publicly or commercially viewed. A ‘season’ means one continuous cycle of released content, regardless of platform. Each season or release cycle requires a separate license.
7.3 Embedding in Electronic Devices. Embedding or including the FONT SOFTWARE in any electronic device or digital product—including apps, e-books (EPUB or similar formats), kiosks, terminals, screens, gaming systems, hardware interfaces, and any software-driven display—requires a device embedding license. Any environment, platform, device, or product, whether known or unknown, that displays text using the FONT SOFTWARE, whether locally or remotely, is considered an electronic device for the purposes of this restriction.
8. RIGHTS RESERVED. This Software is licensed, not sold, to you by FONTALICIOUS and is licensed for use in accordance with the terms of this EULA. As a licensee, your ownership of the magnetic and/or optical media on which the FONT SOFTWARE is recorded, if any, is distinct from and does not grant any right, title or interest in and to the design of the font or the FONT SOFTWARE itself. All copies of the FONT SOFTWARE downloaded or installed, including the copy(ies) of any FONT SOFTWARE that accompanies this document either as part of a downloaded file or on recorded media, such as, but not limited to, magnetic or optical media, remain the exclusive property of FONTALICIOUS. The FONT SOFTWARE and the design of the font embodied therein are the exclusive property of FONTALICIOUS and are protected under both domestic and international copyright, trademark and unfair competition laws, among others. The various names of the fonts are the trademarks of FONTALICIOUS. All title and copyrights in and to the FONT SOFTWARE (including but not limited to any images and text incorporated into the FONT SOFTWARE), the accompanying printed materials, and any copies of the FONT SOFTWARE are owned by FONTALICIOUS.
By downloading, installing, or using the FONT SOFTWARE , you acknowledge that you have read, understood, and agree to be bound by all terms of this EULA.
9. DESIGN CREDIT. Where design or production credits are displayed, you shall credit the FONT SOFTWARE as follows: (Font Name) © Fontalicious. Logo usage does not waive this credit requirement. Any use of the FONT SOFTWARE in a logo, mark, or brand identity must still comply with this credit requirement wherever production or design credits normally appear.
10. ARTWORK RESTRICTED. Any glyph, dingbat, symbol, pictorial element, illustration, ornament, or non-alphabetic artwork contained in the FONT SOFTWARE (“ARTWORK”) may not be used for professional/commercial purposes without a separate license. For clarity, ARTWORK includes any non-textual glyphs or any element that functions as an image, symbol, or icon, whether or not the user refers to it as a dingbat, artwork, or letterform. Use of such ARTWORK in logos, packaging, retail goods, templates, or digital files intended for sale is prohibited without a license upgrade.
11. DERIVATIVE WORKS PROHIBITED. You may not alter, modify, outline, trace, extract, convert, re-vectorize, redraw, distort, adapt, or create derivative works of the FONT SOFTWARE or of any glyph design in any form. Outlining or converting glyphs into vector shapes, paths, curves, or artwork does not remove this restriction; any modifications of the glyph shapes, whether outlined or not, are considered derivative works and are prohibited. No derivative font, artwork, alphabet, or product based on the glyph designs may be created or distributed without a separate written license.
12. TERMINATION. Any breach of this EULA constitutes immediate termination of all rights granted herein. You must cease all use of the FONT SOFTWARE , permanently delete all copies, and confirm deletion in writing. FONTALICIOUS retains the right to seek any and all remedies available under law or equity.
13. COMPLIANCE WITH LAWS. You are solely responsible for ensuring full compliance with all applicable local, national, and international laws, regulations, and export controls relating to the acquisition, use, transfer, installation, distribution, or deletion of the FONT SOFTWARE . You agree not to export, transmit, or make the FONT SOFTWARE available in violation of any law. Non-compliance constitutes a material breach of this EULA and may result in immediate termination and legal action.
14. REVOCATION OF WARRANTIES. Subject to the representations and warranties stated herein, the FONT SOFTWARE is provided "AS IS" and without fiduciary obligation to you or other warranties of any kind and FONTALICIOUS hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FONTALICIOUS DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE THE FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. THE FONT SOFTWARE IS NOT FAULT TOLERANT AND IS NOT INTENDED FOR USE IN THE CONTROL OR OPERATION OF DEVICES OR EQUIPMENT FOR MANUFACTURING, OR FOR USE IN NAVIGATIONAL DEVICES. UNDER NO CIRCUMSTANCES SHALL FONTALICIOUS BE LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. Under no circumstances, subject to the conditions noted herein, shall FONTALICIOUS’ maximum liability to you or any third party exceed the replacement cost of FONT SOFTWARE or the provision of substitute software, at the sole discretion of FONTALICIOUS.
15. AUDIT. FONTALICIOUS reserves the right to audit your use of the FONT SOFTWARE to ensure compliance with this EULA. The audit may include a review of devices or servers where the FONT SOFTWARE is installed. You agree to provide, upon written request from FONTALICIOUS , full documentation and certification that all use of the FONT SOFTWARE complies with this EULA. You must respond within thirty (30) days of the request. If you fail to provide proof of compliance within thirty (30) days of request, FONTALICIOUS reserves the right to suspend or terminate the license and take legal action to recover any damages.
16. CONSUMER RIGHTS. Some jurisdictions do not allow the exclusion of implied warranties for consumer purchases. To the extent required by law, any implied warranty for consumer use is limited to 30 days or the shortest period permitted by law.
17. GOVERNING LAW. This Agreement will be governed by the laws of the State of California as applies to contracts entered into and wholly performed therein without application of its conflict of law provisions or the conflict of law provisions of any other jurisdiction. You hereby expressly consent to the personal jurisdiction of the local, state or federal courts selected by FONTALICIOUS for the hearing or resolution of any dispute or action arising out of or related to this license and you hereby further expressly waive any jurisdiction or venue defenses and agree to services of process by certified mail return receipt requested. All remedies are cumulative not exclusive.
18. COMPLETE AGREEMENT. You acknowledge that you have read this EULA and understand it and that by using the FONT SOFTWARE you will be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between FONTALICIOUS and you which supersedes any proposal or prior agreement, oral or written, and any other communications between FONTALICIOUS and you relating to the subject matter of this EULA. If any provision of this EULA is held void or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions of this EULA will remain in full force and effect. FONTALICIOUS expressly reserves the right to amend or modify this EULA at any time and without prior notification.
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