| License Description: |
© 2020 Mark Gowing Studio Pty Ltd. trading as Formist. All Rights Reserved.
Fiction is either a registered trademark or a trademark in Australia and/or other countries of Mark Gowing Studio Pty Ltd. trading as Formist.
Desktop 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 Font Package, which is comprised of the font and the software that produces that font, including bitmaps or similar graphics created by the software.
Duration and Limit
The duration of the licence is ongoing and, except as set out below, is limited to the number of devices identified on your invoice. That means that the Font Package may only be installed or used on the number of devices identified. In addition, the licence is revocable, non-exclusive and non-transferable.
Authorised Formats
This licence is for print and digital use only. It allows you to install the Font Package on your devices and use it to create and print documents, including paper publications such as newspapers, magazines, books, print advertising, printed signage, newsletters and annual reports. Embedding the font in digital documents such as pdfs is also permitted, provided the font is subset and cannot be edited or extracted in any way (see ÒCreating documents for distributionÓ below).
This licence also allows you to create static images, including logos and logotypes, that may be used for print, on the web, or be embedded in apps, digital documents and publications.
It does not allow you to use the Font Package to format text for online rendering or to use CSS-based font linking (such as the @font-face rule), or any form of font linking for online use. It also does not allow you to embed, include, call or link the Font package within hardware and software in any form including video games, server-side applications, mobile apps and kiosks. Embedded logos or static images created using the Font Package are, however, permitted.
If you would like to use Formist fonts in apps or online, separate Web Font and App Font licences are available. A Test Font licence is also available.
Who can use the Font Package?
The Font Package may only be used in the Authorised Formats by you, the Authorised User, and commercial printers and/or service bureaus producing copies of printed material on your behalf (ÒAuthorised Third PartiesÓ).
Rights and obligations
The Authorised User may:
I. View and interact with the Font Package
II. Copy the Font Package to back up or install it on computers and other devices, provided that the Limit is not exceeded at any one time; and
III. Use the Font Package to create documents to be distributed or otherwise made available in the Authorised Formats.
The Authorised User must:
I. Keep the Font Package (including any authorised back-up copy) secure
II. Take reasonable steps to protect the copyright in the Font Package from being infringed by unauthorised third parties; and
III. Ensure that Authorised Third Parties using the Font Package delete all copies of the Font Package after each print order for the Authorised User.
Creating documents for distribution
If creating a document or text to be distributed or used other than by the Authorised User and an Authorised Third Party, the Authorised User must:
I. Only embed the font into digital documents such as pdf
II. Ensure all elements of the Font Package are subset
III. Ensure the document text cannot be edited; and
IV. Take reasonable steps to ensure people reading the document cannot extract or otherwise use the embedded font. The distribution of rasterised images of the font in the Font Package is permitted only if a few of the characters in the Font Package are made available. Distributing rasterised images that make available all or substantially all of the characters in the Font Package is not permitted.
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 Font Package in any way; any modifications made will remain the exclusive property of Formist
II. Share the Font Package with Ð or make it available to Ð any third party (including any contractor, freelancer or affiliated company or organisation)
III. On-sell the Font Package, or any modified version of the Font Package, to third parties
IV. Use the Font Package in any format other than the Authorised Formats; and
V. Use the Font Package to create ÒalphabetÓ products (including, without limitation, house numbers, stamps, adhesive lettering and alphabet blocks, punches, stamps and die sets).
Further terms and conditions
I. This licence terminates and all rights to use the Font Package cease if you breach this licence.
II. This licence constitutes the entire terms and conditions relating to the 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 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 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 Font Package or the supply of an equivalent Font Package.
VIII. Formist Ð including its agents, employees or contractors Ð 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 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. |