The Global Licence allows you to install the fonts on any number of devices you own or control in the limit of number of users specified on the invoice. It allows you to use the fonts in personal or commercial documents, to host the fonts on the websites you own in the limit of number of domain names specified on the invoice, and to embed the fonts in apps, products, or applications you distribute in the limit of number of Apps specified on the invoice.
Terms and definitions
The “Fonts” are fonts offered on the website www.black-foundry.com and embodied in software and embedded in a mobile application (“AppFonts”).
The “Font software” means any font in any digital format.
The “End User” is the recipient of the present agreement.
The “Global License” (hereinafter “Agreement”) is the present End User Licence Agreement between you and BlackFoundry granting you 3 different types of licenses for the Fonts:
Global License overview
The Desktop license allows you to:
Use Fonts for the purpose of embedding it in electronic documents (Adobe Portable Document Formats) and system templates. That allows recipients of the electronic document or template to view, print and further edit or modify the text and structure of the document in which the fonts are embedded without the recipient having the actual font installed.
The Web license allows you to:
The App license allows you to:
You may not for any license granted:
You may not for App license:
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 Global License
1 – RIGHTS GRANTED BY THE GLOBAL LICENSE
Upon a payment full, BlackFoundry grants you a perpetual within the period of protection granted by author’s right, worldwide, non-exclusive and non-transferable license to install and/or use the Fonts licensed from BlackFoundry according to the terms specified in this Agreement, and any license confirmation and invoice
2 – REQUIREMENTS / PERMITTED INSTALLATIONS AND USE
The present license exclusively allows for the following uses:
2.1. Requirements regarding the Desktop license:
2.1.1. Installing and using the Fonts on the number of users mentioned on the corresponding invoice and which must all belong to the End User.
2.1.2. Installing the Fonts on a file server for use on a local area network (LAN), provided that the total number of workstations using of the Fonts via this server is expressly limited to the number of workstation authorized by the present agreement. The Fonts may be installed on not more than one (1) computer per user. For the purposes of clarity, the Licensed End User may install the Fonts on his or her laptop, iPad or portable device used as a substitute for a workstation type computer.
2.1.3. Transferring a copy of the 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 Fonts are used. However, the service provider must destroy the copy of the Fonts once he has completed his work.
2.1.4. Importing the 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.
2.1.5. Making one back-up copy of the software contained in the 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.
2.1.6. 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.
2.2. Requirements regarding the Web license:
2.2.1. The Fonts is limited by monthly “unique visitors” which is a unit used to measure traffic to your website. The maximum number of monthly unique visitors must not exceed 1 million. If you require a license that allows for additional unique visitors, please see with firstname.lastname@example.org for more information.
2.2.2. The End User undertakes to host the Fonts on its own server.
2.2.3. You may import characters from the Fonts as graphical objects into a drawing program and modify such graphical objects.
2.2.4. This Global license is perpetual, which means you pay once and use it forever. BlackFoundry does not require you to install any cumbersome unique visitors tracking scripts for Fonts use. We trust you.
2.2.5. Fonts may only be installed on Websites owned or controlled by the End User.
2.2.6. The End user may temporarily provide the Fonts to a website developer or other agent who is working on behalf of the Licensee, only if they agree to use the Fonts exclusively for End User’s work, agree to the terms of this Agreement, and retain no copies of the Fonts upon completion of the work.
2.3. Requirements regarding the App license:
2.3.1. The End User may embed the Fonts into ONLY the number of Apps specified in the Receipt.
2.3.2.The End User may embed the Font in reports that the App saves or exports, provided that the reports are not sold for profit.
2.3.3. Proceeding to the modification, correction, decompilation, disassembly, recompilation, reverse engineering, except for the public policy rights granted to the user of software.
3 – RESTRICTIONS
3.1. Common restrictions for any license granted by the present Agreement:
3.1.1. You may not assign the present Global license and rent, sublicense, sell, lend, give or distribute the Fonts.
3.1.2. 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 Fonts 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 Fonts 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.
3.1.3. This Global 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. 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 Global License.
3.2. Particular restrictions regarding the App license:
3.2.1. The End User may not redistribute the Fonts with the App’s source code.
3.2.2. The End User may not embed the Fonts in any application software considered to be a plug-in, template, skin or theme.
3.2.3. The End User may not embed the Fonts in an App that enables an end user to create custom typesetting with the Font.
4 – PROVISION TO THIRD PARTIES
If the End User is a graphic design studio or an advertisement agency and proposes the Fonts for use to a final client, the latter also acquire a personal license adapted to its own website.
The End User may temporarily provide the Fonts 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 Fonts exclusively for Licensee’s work, according to the terms of this Agreement, 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 Agreement.
5 – WARRANTY
Pursuant to legal provisions, BlackFoundry warrants the End User against all latent defects affecting the 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 Fonts which have been recognized defective by its services.
6 – DELIVERY
The Fonts will be available for download from the Website upon receipt of the payment of the price.
7 – INTELLECTUAL PROPERTY RIGHTS
The 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 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.
8 – TRADEMARKS
You agree to use trademarks associated with the Font software according to accepted trademark practice, including identification of the trademark owner’s name. Trademarks can only be used to identify printed output produced by the font software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark and all use of any trademark shall inure to sole benefit of BlackFoundry.
9 – 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.
10 – TERMINATION
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.
The termination of the Agreement shall not preclude BlackFoundry from suing for damages in case of any breach of the Agreement.
11 – 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 courts of Paris, France.
This agreement is exclusively governed by French law.