App End User Licence Agreement

BY CLICKING ON THE “ACCEPT” BUTTON (IF ORDERING ONLINE), PROVIDING DIGITAL SIGNATURES AND/OR BY CONTINUING TO ACCESS OUR SERVICE AND USE OUR FONT AND/OR RETURNING YOUR ACCEPTANCE (IF ORDERING VIA ANY OTHER MEANS) YOU AGREE TO THE TERMS OF THIS AGREEMENT WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST DISCONTINUE THE ORDER PROCESS NOW. WHERE YOU ARE USING THIS SERVICE ON BEHALF OF A BUSINESS, YOU WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER THIS CONTRACT ON BEHALF OF YOUR COMPANY (OR OTHER LEGAL ENTITY).

Fontsmith Limited operates exclusively on a B2B basis, it does not contract directly to the general public. It does not deal with consumer sales and/or licensing. By continuing you are confirming that you are not a consumer for the purposes of the Consumer Credit, Consumer Rights, and Sale of Goods legislation and that you are in business and placing an order for the purpose of that business and not for personal use.

What is the Mobile Licence?

This Mobile Licence allows you to embed the font within your Mobile Applications (to the maximum number of applications you purchase a licence for).

You can use our desktop fonts to make bitmap graphics such as gif, jpg and png for use in your Mobile Application. This is needed regardless of whether it is for static or dynamic text.

Where you have opted in the order process to purchase a subscription based time limited licence, the licence shall continue in force for the period of time for which you have purchased it, subject to renewal as set out below.

For self hosted solutions for use in your website, please see our Web Licence.

This Mobile licence allows you to embed the font within your Mobile Applications (to the maximum number of applications you purchase a licence for).

You can use our desktop fonts to make bitmap graphics such as .gif, .jpg and .png for use in your Mobile Application. This is needed regardless of whether it is for static or dynamic text.

For self hosted solutions for use in your website, please see our Web Licence.

Things included:

  • You can embed the fonts into the number of Mobile Applications that you purchase the licence for.

Things not included:

  • You cannot embed in any documents, applications or devices other than what you’ve licensed for.
  • You cannot use the fonts for other services that are rendering the fonts, such as pre-press.
  • Manufacturers/developers who want to include our fonts within their software product or service must contact us for a separate license.
  • You must not commit the Font to any public GIT repository, even to make available to licensed users. Any such act would constitute an unlicensed distribution (making available the Font to unlicensed users) of our Font which is strictly not permitted. Any unauthorised distribution via such repositories shall constitute a material breach of our licence terms.
  1. Orders and Licence Parameters

    1. This agreement shall come into force when you [tick the box/click accept] if purchasing online, or upon your acceptance of an offer we make to you, or if you continue to engage Fontsmith following receipt of these terms. Our agreement shall continue in accordance with these terms and conditions.
    2. Subject to you purchasing the Mobile Licence in accordance with the terms and conditions of this agreement, Fontsmith hereby grants you a non-exclusive, non-transferable right to use and embed the Font Software (being software or instructions, in OpenType and TrueType formats, which when used on an appropriate device or devices, generates typeface and typographic designs and ornaments including all bitmap representations of typeface and typographic designs and ornaments created by or derived from the software) in the Mobile Applications (meaning an application (or applications) owned and operated by you that operates on a personal device and which is made available via Google Inc’s ‘Google Play’ store, Apple Inc’s ‘App Store’, and/or the Windows App ‘Store’ (and such other sources as Fontsmith may permit from time to time) ) only. The usage is permitted within the Mobile Applications that you have identified to us during the order process, up to the limit of the Mobile Licence you have purchased in relation to the total number of Mobile Applications you wish to embed the Font Software within, as notified during the order process.
    3. Where the licence purchased is for an agreed subscription period as agreed during the order process with Fontsmith, the licence granted in accordance with Clause 1.2 shall remain in force for the agreed period. Unless you provide Fontsmith with written confirmation no later than 30 days prior to the end of the then current licence period, the licence granted shall renew for a further period of equal time to the initial period chargeable at Fontsmith’s then current published price list (if available) or if no price list is available, at the same price as was charged for the initial period. Fontsmith shall raise an invoice to you following such renewal and you shall pay such amount in accordance with Clause 3.
    4. You shall not use the Font Software for any purpose other than to be embedded within the Mobile Applications.
  2. Extension to Mobile Licence

    1. Subject to Clause 2.2 and 2.3, you may, from time to time purchase an extension to the Mobile Licence and Fontsmith shall extend the licence granted in accordance with Clause 1 to such additional mobile applications in accordance with the provisions of this agreement.
    2. If you to purchase an additional Mobile Licence, you shall notify Fontsmith in writing. Fontsmith shall evaluate such request for additional Mobile Licence and respond with approval or rejection of the request and set out the additional fees due.
    3. If Fontsmith approves your request to purchase additional Mobile Licences, you shall, within 5 days of the date of Fontsmith’s invoice, pay to Fontsmith the relevant fees for such additional Mobile Licence as set out in accordance with Clause 2.2.
  3. Fees and Payment

    1. Any rights or licence granted to you under this agreement is in consideration of, and subject to, you paying the fees in full to Fontsmith for the required ‘Mobile Licence’ calculated in accordance with the information provided during this order process of which acceptance of this agreement is a necessity. Prior to confirming your order, Fontsmith shall set out the fees. The different levels of Mobile Licence depend on the number of Mobile Applications you wish to embed the Font Software in.
    2. You will pay our invoices within 14 days of the invoice date or immediately as part of this order process. Payment must be made in full to our bank account stated on our invoice and as directed by Fontsmith.
    3. Where applicable, if for any reason you are late paying any invoice, we may decide to charge you compounding interest at a rate of 3% above the base rate of HSBC (UK). Whilst there are any outstanding invoices, we may suspend any licence granted in relation to the Font Software.
    4. If this agreement terminates for any reason, all amounts due to us shall become immediately payable. This is without prejudice to any other right of ours to claim interest under the law or under this agreement.
  4. Other terms

    1. 4.1. This agreement incorporates by reference all of the terms and Standard Conditions of Sale that can be seen on our website which you hereby confirm you have read and agree to as part of this agreement. If you would like a hard copy of these, please request them from Fontsmith.

Issue Date: 1 January 2018