EULA
FONTUAL End User License Agreement (EULA)
This End User License Agreement ("Agreement") is a legally binding contract between you (the "Licensee") and Fontual, governing the use of the Font Software provided by Fontual. By purchasing, downloading, accessing, or using the Font Software, you agree to the terms and conditions set forth in this Agreement. If you do not agree to these terms, do not install, use, or access the Font Software.
1. Definitions
"Font Software" refers to the software provided by Fontual that generates typeface and typographic designs. This includes all vector representations of the typeface, any updates, permitted copies, and related documentation.
"Licensor" refers to the individual, company, or organization that grants the Font Software license.
"Licensee" refers to the individual, company, or organization purchasing the license to use the Font Software.
"License" refers to the non-exclusive, non-transferable right granted by Fontual to the Licensee to use the Font Software in accordance with this Agreement.
"Commercial Use" refers to the usage of the Font Software in any project that generates revenue, whether for the Licensee’s own use or on behalf of clients.
2. Grant of License
Fontual grants the Licensee a non-exclusive, non-transferable, worldwide license to use the Font Software across all media, including desktop, web, and PDFs, upon full payment of the purchase price.
2.1 Usage Rights
All Media License: The Licensee may use the Font Software on any media, including desktop computers, websites, apps, digital documents (such as PDFs), and other project environments, based on the attached licence and the order number (from the purchase confirmation email).
Transfer Rights: The Licensee is allowed to transfer the rights to use the Font Software to their client(s) only when delivering a project, provided that the client adheres to this EULA. The Licensee will also transfer a copy of the license document along with the order number mentioned above. The licensee can transfer the right only to their clients and not to other design service providers.
Modifications: The Licensee may adapt, personalize, or modify the Font Software to fit the needs of specific projects. However, the Licensee may not use the modified fonts to create new font families or products for resale.
Multi-client Usage: The Licensee may use the Font Software in projects for multiple clients, provided that the license covers such usage.
2.2 Third-Party Collaboration
The Licensee may provide the Font Software to third-party collaborators (e.g., printers, developers) strictly for use in a specific project design projects and part of a collaboration. The Licensee must ensure that these third parties do not retain or reuse the Font Software for other projects without purchasing their own license.
3. Non-Refundable Policy
Due to the nature of digital font software and the impossibility of ensuring deletion upon refund, all sales are final. Fontual does not offer refunds, exchanges, or returns after the Font Software has been delivered, as per standard industry practices.
4. License Transfer
The Licensee may transfer the license to their client as part of delivering a project, and the client will be bound by this EULA. Along with the Font Software files, the licensee must transfer a copy of the attached license along with the order number (from the purchase confirmation email). Once transferred, the Licensee must ensure the client understands and agrees to the terms of this Agreement.
5. Restrictions
The Licensee agrees to the following restrictions:
No Redistribution or Resale: The Licensee may not distribute, sell, sublicense, or transfer the Font Software to any third party other than their clients as part of a project.
No Unapproved Embedding: The Font Software may not be embedded in documents or platforms where users can extract, modify, or reuse the font.
No AI or Machine Learning: The Licensee may not use the Font Software to train AI models, machine learning algorithms, or generate new fonts through any generative process.
6. Data Collection and Use
Fontual maintains a database of clients and potential clients, extracted from publicly available profiles on Behance, Facebook, Dribble, LinkedIn, X, and other social platforms. Fontual uses this data for marketing purposes, such as sending promotional emails or contacting designers directly. By using Fontual's services, you agree to the collection and use of this data as part of our marketing strategy.
7. Ownership
The Font Software, including the typeface designs and all associated intellectual property rights, remains the exclusive property of Fontual. The Licensee does not acquire any ownership rights through the purchase of the license, and this Agreement grants no such rights.
8. Liability and Warranties
Limitation of Liability: Fontual will not be held responsible for any indirect, incidental, or consequential damages, including lost profits or business disruptions. The Licensee's sole remedy will be the replacement or update of defective files.
9. Termination
Fontual reserves the right to terminate this Agreement if the Licensee violates any terms of this EULA. Upon termination, the Licensee must immediately cease using the Font Software and delete all copies in their possession.
10. Governing Law
This Agreement is governed by and construed in accordance with the laws of the Licensor's jurisdiction, without regard to its conflict of law provisions.
11. Amendments
Fontual reserves the right to modify this EULA at any time. An copy of this licence will be always part of the purchase. Any changes will apply to future purchases but will not retroactively affect licenses purchased before the modification.