Terms and definitions
The “Desktop Fonts” are fonts offered on the website www.black-foundry.com and embodied in software. 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. GRANT OF LICENSE
Upon a payment full, BlackFoundry grants you a perpetual, worldwide, non-exclusive and non-transferable license to install and/or use the Desktop fonts licensed from BlackFoundry according to the terms specified in this EULA, and any license confirmation and invoice.
2. PERMITTED INSTALLATIONS AND USES
The present license exclusively allows for the following uses:
2.1. Installing and using the Desktop Fonts on the number of users mentioned on the corresponding invoice and which must all belong to the End User.
2.2. Installing the Desktop Fonts on a file server for use on a local area network (LAN), provided that the total number of workstations using of the Desktop Fonts via this server is expressly limited to the number of workstation authorized by the present agreement. The Desktop Font may be installed on not more than one (1) computer per user. For the purposes of clarity, the Licensed End User may install the Desktop Font on his or her laptop, iPad or portable device used as a substitute for a workstation type computer.
2.3. Transferring a copy of the Desktop Fonts to an external service provider (such as a printer bureau) in order to allow him to create and modify an electronic document in which the Desktop Fonts are used. However, the service provider must destroy the copy of the Desktop Font once he has completed his work.
2.4. Importing the Desktop Fonts as graphical objects into a drawing program and modify them, for example in order to create a logotype. Use of the Font Software in the creation of design works, rasterized images for web sites and for your personal use and professional use are each permitted provided that no unauthorized uses or copies of the Font Software are transferred to any unlicensed party. Other restrictions to the use of the Font Software are set forth in this Agreement.
2.5. Making one back-up copy of the software contained in the Desktop Fonts. The End User undertakes to retain exclusive custody and control over said copy and, upon termination of the present license, to destroy said copy.
2.6. Creating physical goods for retail sale, by way of example only, using the Font Software as a resource to create individually customized T-shirts, greeting cards, mugs, postage stamps, stickers, post cards, business cards, invitations on a customized, per order basis for retail sale, provided that the image is a fixed size.
2.7. Using the Font Desktop for Web pages only in raster formats like PNG, JPG, GIF, etc. and for texts in video formats (e.g. for movie credits). Broadcast, Exhibition, Internet and Film Usage includes the use of the Font Software to create titling and/or credits for any broadcast via television, on the Internet and/or cable and/or motion picture theatrical distribution and/or exhibition.
3.1. Except as may be otherwise expressly permitted by your specific License, you may not distribute, sell, modify, include, adapt, translate, reverse engineer, decompile, disassemble, translate into other font formats or other formats for use with other forms of devices or otherwise copy and/or include the Font Software or the design of the Font embodied therein without the express written consent of BlackFoundry. All rights not expressly granted are reserved to BlackFoundry. Any modifications, derivations and/or adaptations of the Font
Software or the design embodied therein, requires the express permission of BlackFoundry which expressly reserves a right to create any such modifications, derivations or adaptations. This term is contractual in nature.
3.2. This license does not permit the transmitting of the Font Software over the Internet for the purposes of font serving or font replacement by means of technologies such as, but not limited to, Cufón, EOT, sIFR or other technologies that now exist or may be developed in the future. Web Font Uses include but are not limited to serving the Font Software to remote viewers. If you wish to use the Font Software for such purposes, a web font license must be purchase and is required. Translation or adaptation of the Font Software and/or serving translated Font Software to viewers on the Internet, such as, by of illustration only, via Cufón, WOFF, sIFR, TypeKit, embeddable Open Type, etc., is not permitted under this License.
3.3. The embedding or other use of the Fonts or the outlines thereof, in software or other works distributed electronically and/or via physical media for sale is prohibited under this License. The use of the Font Software for any on-screen display or in an electronic devices include electronic books, electronic book readers, such as, by way of illustration, not limitation, Kindle, iBook, Nook, electronic kiosks or gaming devices and machines. Upon the purchase of a license upgrade, the Font Software may be embedded and resident within an electronic device provided it cannot be extracted from the device. NOTE: This restriction may not apply to a laptop or notebook depending upon the license you purchased.
3.4. 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 BlackFoundry and may or may not require the purchase of a BlackFoundry AppFont license.
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 Desktop Fonts will be available for download from the Website upon receipt of the payment of the price.
6. INTELLECTUAL PROPERTY RIGHTS
The Desktop Fonts 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 Desktop Fonts.
The Font software is licensed, not sold, to you by BlackFoundry, and is licensed for use in accordance with the terms of this Agreement.
7. 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.
9. 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.