Terms and definitions
The “AppFonts” are fonts offered on the website www.black-foundry.com and embodied in software and embedded in a mobile application.
The “Font software” means any font in any digital format.
You may not:
PLEASE READ THE ENTIRE LICENSE FOR A DETAILED DESCRIPTION OF ALL RIGHTS AND RESTRICTIONS.
PLEASE READ THIS BINDING LEGAL AGREEMENT BEFORE PURCHASING, DOWNLOADING, INSTALLING OR USING THE FONT SOFTWARE
BlackFoundry End User License Agreement
This end user License Agreement (hereinafter, “EULA,” “License,” “Agreement” or “License Agreement”) is a legal agreement between you and BlackFoundry for the product, designs and software that accompany this Agreement, and is also applicable to any media, printed materials, electronic documentation, updates add-ons, web services and any other material that may be associated with the product now or in the future.
1. RIGHT LICENSE
Upon a payment full, BlackFoundry grants you a perpetual, worldwide, non-exclusive and non-transferable license to use the Font Software for use in and embedding in one (1) product namely,
2. REQUIREMENTS / RESTRICTIONS
2.1. The End User may embed the AppFonts into ONLY the number of Apps specified in the Receipt.
2.2. The End User may not redistribute the AppFonts with the App’s source code.
2.3. If the End User is a graphic design studio or an advertisement agency and proposes the AppFonts for use to a final client, the latter also acquire a personal license adapted to its own website.
2.4. The End User may not embed the AppFonts in any application software considered to be a plug-in, template, skin or theme.
2.5. The End User may not embed the AppFonts in an App that enables an end user to create custom typesetting with the Font.
2.6. The End User may embed the Font in reports that the App saves or exports, provided that the reports are not sold for profit.
2.7. Proceeding to the modification, correction, decompilation, disassembly, recompilation, reverse engineering, except for the public policy rights granted to the user of software.
3. PROVISION TO THIRD PARTIES
The End User may temporarily provide the Font to a producer, publisher or other agent who is working on behalf of the End User, only if the producer, publisher, or other agent (1) agrees in writing to use the Font exclusively for Licensee’s work, according to the terms of this EULA, and (2) retains no copies of the Font upon completion of the work.
The End User may not otherwise distribute the Font to third parties or make the Font publicly accessible or available except by embedding or linking in accordance with this EULA.
The End User may not modify the Font or create derivative works based upon the AppFonts EXCEPT THAT the End User may generate files necessary for embedding or linking in accordance with this EULA.
Pursuant to legal provisions, BlackFoundry warrants the End User against all latent defects affecting the Desktop Fonts and rendering them unfit for their intended use.
In order to obtain the enforcement of the warranty, the End User shall inform BlackFoundry, by registered letter with recorded delivery, of the latent defects existing at the time of delivery and revealed subsequently within fifteen (15) days of the discovery of the defect. Otherwise, the End User’s rights will be deemed forfeited.
The End User shall bear the burden of proving the date on which the defect was discovered.
In the event of a latent defect, the only obligation of BlackFoundry shall be the free replacement or repair of the Desktop Font which has been recognized defective by its services.
The AppFonts will be available for download from the Website upon receipt of the payment of the price.
7. INTELLECTUAL PROPERTY RIGHTS
The AppFonts are protected by copyright and intellectual property laws and international treaties.
The End User undertakes not to suppress the “Font Info” files attached to the AppFonts.
The Font software is licensed, not sold, to you by BlackFoundry, and is licensed for use in accordance with the terms of this Agreement.
8. PERSONAL DATA PROTECTION
Personal data are automatically gathered in order to treat and deliver orders. The addressee of the data is: BlackFoundry – 86, rue du Faubourg Saint-Denis – 75010 Paris – FRANCE.
Pursuant to the French “Computer and freedom” law of January 6, 1978 modified in 2004, the End User has a right to access and rectify the data which concern him and which may be exercised by contacting: BlackFoundry – 86, rue du Faubourg Saint-Denis – 75010 Paris – FRANCE.
The End User can also object, for legitimate reasons, to the treatment of data concerning him.
Each Party retain the possibility to terminate the present agreement if the other Party fails to perform one or several of the obligations incumbent on it by virtue of this agreement in conditions rendering impossible the performance of the agreement on the agreed basis.
The termination of the present agreement could however only intervene fifteen (15) days after the sending by the injured Party of a formal notice to the other Party by registered letter with recorded delivery, indicating the nature of the failing and the absence of remedy to the failing in question.
10. CHOICE OF JURISDICTION AND GOVERNING LAW
All disputes arising between the Parties concerning the existence, the validity, the interpretation and/or the performance of the present agreement that could not be amicably solved shall be exclusively the deferred to the Tribunal of Grande Instance of Paris.
This agreement is exclusively governed by French law.