| 许可证描述： |
App Font Package Licence
This is a licensing agreement between Formist and you, the Authorised User: ie, the initial purchaser whose name and address details appear on the invoice for the App Font Package, which is comprised of the font and the software that produces that font, including bitmaps or similar graphics created by the software.
The licence is for embedding the fonts provided in the App Font Package into an Application or piece of software for styling, viewing or editing text. For the licence to be valid (and to remain valid), the Authorised User must also own the Application and control its content.
Definitions
The following definitions apply:
I. The ÒApp Font PackageÓ includes type face font software that has been created or specially modified for embedding within an Application for styling, viewing or editing text.
II. The ÒApplicationÓ or ÒAppÓ is application software designed to run and function on operating systems including desktop operating systems (such as MacOS and Windows), mobile device operating systems (such as iOS and Android) and video game systems (such as Xbox or PlayStation). Web Apps are also included. A single App Font Package licence covers Apps that are functionally equivalent across multiple operating systems.
Duration and Limit
The duration of the licence is ongoing and grants the Authorised User worldwide usage. There are no download or distribution limits in this licence. It is, however, limited to the specified Application. In addition, the licence is revocable, non-exclusive and non-transferable.
Authorised Formats
The fonts in the App Font Package may be embedded in the App specified on your invoice. Only the files provided by Formist may be used. The use of alternate formats is expressly prohibited.
You may use the fonts in the App Font Package for styling, viewing or editing text in your App. However, using the fonts provided in the App Font Package to allow users or other third parties to edit text to create customised products or new documents (such as personalised greeting cards or resumes) is expressly prohibited.
You may also use the fonts to display content you own on a third-party application or platform provided you are able to ensure the third party does not cause you to breach the terms of this Agreement. Any breach of this agreement by a third party will be deemed a breach by the Authorised User.
If you would like to use Formist fonts to style text on a website or to create and print documents or static images, separate Web Font and Desktop Font licences are available. A Test Font licence is also available.
Who can use the Font Package?
The App Font Package may only be used in the Authorised Formats by you, the Authorised User, on the specified App. Transferring the rights to a different App or a third party is prohibited.
Rights and obligations
The Authorised User may:
I. View and interact with the App Font Package
II. Make one copy of the App Font Package for backup purposes only; and
III. Use the App Font Package to embed the fonts provided into an Application or piece of software for styling, viewing or editing text.
The Authorised User must:
I. Keep the App Font Package (including any authorised back-up copy) secure; and
II. Take reasonable steps to protect the copyright in the App Font Package from being infringed by unauthorised third parties.
What you canÕt do
Except as provided above, this licence does not authorise the Authorised User or any third party to:
I. Modify or alter the App Font Package in any way; any modifications made will remain the exclusive property of Formist
II. Share the App Font Package with - or make it available to - any third party (including any contractor, freelancer or affiliated company or organisation
III. On-sell the App Font Package, or any modified version of the App Font Package, to third parties
IV. Use the App Font Package in any format other than the Authorised Format. Using the App Font Package on a desktop, laptop or workstation computer, or for styling text via the CSS @font-face rule on a website, is expressly prohibited.
Further terms and conditions
I. This licence terminates and all rights to use the App Font Package cease if you breach this licence.
II. This licence constitutes the entire terms and conditions relating to the App Font Package and its use, and supersedes any other agreement, representation or licence.
III. Formist may from time to time amend the terms of this licence (Òthe TermsÓ) by providing the Authorised User with a copy of the amended Terms; if Formist notifies the Authorised User of amended Terms, continued use of the App Font Package signifies the Authorised UserÕs acceptance of the Terms as amended.
IV. If any provision of this licence is held to be unenforceable, the rest of this licence will, to the maximum extent permissible, remain in full force and effect.
V. The construction, validity and performance of this licence are governed by the laws of New South Wales and the Authorised User unconditionally submits to the jurisdiction of the courts of New South Wales.
VI. Except as expressly stated in this licence (and to the maximum extent permitted by law), all implied terms and all conditions, warranties, statements, assurances and representations in relation to the App Font Package or arising from this licence are expressly excluded.
VII. If any of the exclusions or limitations set out in this licence are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by this licence, then, to the maximum extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of the App Font Package or the supply of an equivalent App Font Package.
VIII. Formist - including its agents, employees or contractors - will not be liable for any direct or indirect or consequential loss, even if it is aware of the possibility of such loss or if such loss was otherwise foreseeable (including, but not limited to, loss of profits, production, data, opportunity or goodwill and/or business interruption) however caused and on any theory of liability including, without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of FormistÕs performance or non-performance under this licence.
IX. To the maximum extent permitted by law, FormistÕs maximum cumulative liability under this licence will not exceed an amount greater than the price paid by the Authorised User for the App Font Package.
Who is Formist?
Formist is Mark Gowing Studio Pty Ltd, ABN 93 084 639 583, of 15 Lord St Newtown, New South Wales Australia 2042, trading as Formist.
Contact Formist
If you would like to use the Font Package other than as set out in this licence, please contact us at hello@formist.co. We are happy to discuss your licensing needs. |