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 Studio Licence?
This, as the name suggests, is our basic studio licence and is intended for use by design studios, creative agencies, marketing agencies, manufacturers and printers, individuals, freelancers and in-house design and marketing teams. In fact, everyone at the creative end of the business.
Schedule 1 he more users you have, the higher the Licence fee, as you would expect. Remember though, this Licence is just for your company!
- If you buy a single User Licence, you can use the font on one Workstation.
- You can install the font on your server (just buy a Licence for the number of employees using the font in your company)
- You can use the fonts to make bitmap graphics such as gif, jpg and png for use on a website or mobile app.
- A Studio Licence only permits you to use the font in the country of purchase. (other offices will need their own Studio Licence or you can purchase an SME Licence)
Things not included:
- You cannot embed the fonts into a website using @font-face (go to Digital Licence).
- You cannot use in Document Composition systems - Billing etc (go to Brandfont® licence).
- You cannot use this licence as a broadcaster/TV channel (go to Brandfont® licence).
- You cannot embed the fonts into Mobile Apps (go to Digital Licence)
- You cannot use the fonts in more than one country (go to SME Licence)
- You cannot supply the font to suppliers or other companies to use.
- 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.
Orders and Licence Parameters
- 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.
- Subject to you purchasing the “User Licences” in accordance withthe terms and conditions of this agreement, Fontsmith hereby grants you a non-exclusive, non-transferable right to permit the “Authorised Users” (being an individual in your employ or control whom is to be permitted to use the Font Software under a nominated User Licence) to each install and use the “Font Software” (being software or instructions which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments), on a single “Workstation” (being a hardware component in which a user is able to give commands that are followed by the Font Software or implement the Font Software) solely for your use of the Font Software for your internal business purposes and benefit only in the territory stated by you in the order process (the “Territory”). This shall not permit any distribution whatsoever of the Font Software.
- In relation to the Authorised Users, you undertake that:
- the maximum number of Authorised Users that you authorise to access and use the Font Software, and number of Workstations on which the Font Software is installed shall not exceed the number of User Licences it has purchased;
- you will not allow or suffer any User Licence to be used by more than one individual Authorised User. You are permitted to reassign a User Licence in its entirety to another individual Authorised User only in the event that your control or engagement of the current Authorised User terminates (e.g. employment comes to an end). Should Fontsmith request proof of the grounds for reassignment, you shall promptly provide this to Fontsmith’s satisfaction;
- you shall maintain a written, up to date list of current Authorised Users and Workstations on which the Font Software is installed and provide such list to Fontsmith within 5 business days of our written request at any time or times;
- you shall permit Fontsmith to audit your use of the Font Software in order to establish the number of Workstations on which the Font Software is installed and number of users accessing and using it. Such audit may be conducted no more than once per quarter, at Fontsmith’s expense, and this right shall be exercised with reasonable prior notice, in such a manner as not to substantially interfere with your normal conduct of business;
- if any of the audits referred to in Clause 1.3.4 reveal that you have underpaid fees to Fontsmith, then without prejudice to Fontsmith’s other rights, you shall pay to Fontsmith an amount equal to such underpayment as calculated in accordance with the Fontsmith’s current up to date price list as in force from time to time within 10 business days of the date of the relevant audit.
- You shall not:
- use the Font Software for any purpose other than use of the Font Software for your internal business purposes and benefit only;
- use the Font Software outside of the Territory;
- embed the fonts into any website using @font-face;
- use the Font Software in any broadcast branding (i.e. to brand a tv channel, tv programme distribution network, or broadcast network);
- use the Font Software in any document composition systems (e.g. billing systems);
- embed the Font Software into any mobile or computer application;
- supply the Font Software to any third party, including suppliers or printers you may use.
- For the avoidance of doubt, you may use Fontsmith typefaces (as generated by the Font Software) to create logos. Provided that the fonts are licensed correctly and the Font Software files (i.e. Opentype, TrueType, WOFF or EOT) are not embedded within, or distributed with, the logo artwork.
Additional User Licences
- Subject to Clause 2.2 and 2.3, you may, from time to time purchase additional User Licences and Fontsmith shall extend the licence granted in accordance with Clause 1 to such additional Authorised Users in accordance with the provisions of this agreement.
- If you to purchase additional User Licences, you shall notify Fontsmith in writing. Fontsmith shall evaluate such request for additional User Licences and respond with approval or rejection of the request and confirm how much such additional User Licences will cost.
- If Fontsmith approves your request to purchase additional User Licences and you agree with the fee proposed in accordance with Clause 2.2, you shall pay to Fontsmith the relevant fees for such additional User Licence as set out by Fontsmith in accordance with Clause 2.2 as directed by Fontsmith.
Fees and Payment
- 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 calculated in accordance with the information provided during this order process of which acceptance of this agreement is a necessity and and Fontsmith’s then current price list. To use the Font Software in accordance with Clause 1, you must purchase the required number of User Licences which is a licence that entitles a single Authorised User to access and use the Font Software in accordance with this agreement.
- You will pay our invoices within 14 days of the invoice date or as part of this order process, whichever is applicable.
- Where we raise an invoice, 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.
- 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.
- 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