Gaming 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 Game Licence?

This Game Licence allows you to use our fonts within your game title.

The licence allows you to choose which platforms (e.g. PS platforms, Xbox platforms, Nintendo platforms, Steam) you wish to make the game available via that includes the font.

The licence allows localisation of the title without need for any further licence. There is no limit on the number of downloads and/or installations of your game.

If you need to use the font for the creation of any advertising, website, or other promotional material relating to the game, please let us know and we can discuss our other licences (SME, Studio, Web etc.) with you to ensure you are granted the rights needed.

The licence is for the life of the game title, as notified to us during the order process.

Things included:

  • Use the font within your game.
  • Unlimited installations and downloads of the game.
  • Permitted on the platforms notified to us during the order process.
  • Localisations of the game title are permitted.
  • Usage of the font in any game text including titles credits, assets, menus and onscreen HUD is permitted.
  • No territorial restrictions.

Things not included:

  • You can’t use the fonts for print.
  • You can’t use the font on any website, advert or other promotional material relating to the game title.
  • You cannot distribute the fonts other than with the game.
  • 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 Game Licence in accordance with the terms and conditions of this agreement, Fontsmith hereby grants you a non-exclusive, non-transferable right to embed the Font Software (meaning software or instructions in OTF and TTF formats (or such other formats as agreed with us during the order process) 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) within your Game (being the game title notified to us during the order process) which is to be made available via the platforms indicated during the order process only (e.g. Xbox platforms, PS platforms, Nintendo platforms, Steam). The usage is limited to the Game title made known to us during the order process only. Localised versions do not count separate Game titles HOWEVER sequels shall constitute a new title and shall require a further Game Licence or extension purchased as per Clause 2.
    3. You must take such steps as are necessary to protect, encrypt or make the Font Software unavailable to end users of the Game (other than as used/viewed/accessed in the course of the Game).
    4. On request from Fontsmith you shall promptly provide written documentation confirming your use of the Font Software and the Game it is used within.
    5. You shall not:
      1. use the Font Software for any purpose other than within the Game notified to us;
      2. embed the Font Software into any mobile application or other software format not permitted under this Game Licence;
      3. distribute the Game with the Font Software on any platform not notified to us during the order process;
      4. use the Font Software for any print purposes.
  2. Extension to Game Licence

    1. Subject to Clause 2.2 and 2.3, you may, from time to time purchase an extension to the Game Licence and Fontsmith shall extend the licence granted in accordance with Clause 1 to such additional Game titles in accordance with the provisions of this agreement.
    2. If you to purchase an extension, you shall notify Fontsmith in writing. Fontsmith shall evaluate such request for the additional Game Licence and respond with approval or rejection of the request and set out to you what additional fees will be due.
    3. If Fontsmith approves your request to purchase an extension to the Game Licence, you shall, within 14 days of the date of Fontsmith’s invoice, pay to Fontsmith the relevant fees for such extension of the Game 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 ‘Game 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.
    2. You will pay our invoices within 14 days of the invoice date or as part of the order process as applicable. Payment must be made in full to our bank account stated on our invoice.
    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. 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.