Positype Appfont End User License Agreement (EULA)
This End User License Agreement (the “Agreement” or “License”) becomes a binding contract between you (“You”, “Your”, “Customer”, “End User”) and Swash and Kern LLC dba Positype (Positype) when you purchase a license or licenses to use/install Positype Appfont Software (“Fonts” or “Appfonts”). You and any entity you purchased the Fonts for are bound by the terms of the Agreement. Please read all of the Agreement before you proceed.
You hereby agree to the following:
When you purchase a Font, you are purchasing a license that grants you specific rights to use that Font under a specific set of conditions. These conditions can vary based on the type of and reach of the license. For example, the number of computers (workstations) the font can be installed on, whether it can be used embedded within digital documents, used online in any capacity, to name a few. Please understand, as much as this Agreement defines the rights Positype reserves as it relates to acceptable use of Positype Fonts, it defines the rights you have regarding this software.
If you believe your needs are not clearly addressed or if the terms and conditions need further clarification, please ask us before completing your purchase.
You agree that you do not own any Positype Font. By purchasing a license, you are purchasing the right to use the Font under specific conditions. You cannot share, transfer, lend, or edit the Font software. You agree that Positype owns all rights, intellectual property rights, title, trademark, and copyright, registered and unregistered, to the Fonts or employed as part of the Font software.
a. “Appfont” is a specialized font software that has been developed, optimized, and specially modified for embedding within an App for displaying, previewing, or editing text.
b. An “App” refers to your mobile “Application” software created to execute and function on iOS, watchOS, Android, and other similar mobile device operating systems. A single App Font license encapsulates Apps that are function universally across multiple mobile operating systems.
2. License: Permitted Use and Restrictions
Appfonts may embedded in the App total specified on your sales receipt. Only Appfont files provided by Positype may be used. The use of independently created formats is expressly prohibited. You may use the App Fonts for displaying, previewing, or editing text within your App. Providing the ability for a user to edit text using the Appfont to create personalized publications of any form, a customized physical product, or any product not imagined or detailed is expressly prohibited. The Appfonts are licensed for your use only. You may not use the Appfonts as a tool or resource for third parties to create customized products, electronic documents, or printed materials in any form.
a. Download and Distribution Limitations. No App download and distribution limitations apply to this license.
b. Appfonts File Protection. You agree to take reasonable measures to ensure the Appfonts cannot be accessed and used by unlicensed third-parties.
c. Archival Copies. You may make up to two (2) copies of the Appfonts for backup purposes only. Any copies must contain the same documentation, copyright, trademark, and other proprietary notices that appear on, in or with the Appfonts. You will not hold Positype liable for any costs, damages or losses associated with your failure to adhere to this clause.
d. App Usage Only. This license does not cover the use of Positype Appfonts on a websites, desktop, laptop, or workstation computer or for any use other than as expressly permitted herein. If You wish to use the Appfonts in a manner not permitted by this license, You must secure a separate license and/or a license extension by contacting Positype directly.
e. No Modifications, No Embedding. Under no circumstances are You permitted to copy, reverse engineer, modify, adapt, manipulate, translate, decompile, disassemble, alter or attempt to discover the source code of the Appfonts or the designs embodied therein. Altering and/or renaming the file name of the Appfont is NOT permitted in any case. The embedding or inclusion of Positype Appfonts or the designs of the fonts thereof in other non-mobile software, digital documents, applications, hardware, devices or in any other form whatsoever is prohibited. Separate licenses and accompanying software are available for each specified purpose. Please contact Positype to implement.
3. All Rights Reserved
You have the rights expressly set forth in the Agreement and no other. All rights in and to the Appfont Software, including unpublished rights, are reserved under the copyright laws of the United States and other jurisdictions. All rights reserved. Notwithstanding the foregoing, to the extent that any law, statute, treaty, or governmental regulation shall be deemed by a court of competent jurisdiction to provide you with any additional or different rights from those provided herein and such rights shall be deemed non-waivable as a matter of law and to supersede the rights specifically provided herein, then such law, statute, treaty, or governmental regulation shall be deemed to be made a part of the Agreement. To the extent that any such rights created by any law, statute, treaty or governmental regulation are waivable, you agree that your acceptance of the Agreement shall constitute an effective and irrevocable waiver of such rights. The Agreement may be enforced by Positype or by an authorized agent acting on behalf of Publisher.
a. Exclusivity. You agree that the Appfonts and the design of the Glyphs embodied therein are owned exclusively by Positype and that the Appfonts’ structure, mapping, and code are valuable trade secrets of Positype. You agree you will make no attempt to reverse-engineer any Appfont Software or utilized specific Glyphs or code produced by Positype within any other font product.
b. Copyright Acknowledgement. You acknowledge that the Appfont Software is protected by the copyright and other intellectual property law of the United States and its various States, by the copyright and design laws of other nations, and by international treaties. You may not copy the Font Software, except as expressly provided herein. Any copies that you are expressly permitted to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Font Software.
c. Trademark Use and Acknowledgement. You agree to use trademarks associated with the Appfont Software according to accepted trademark practice, including identification of the trademark owner's name. Trademarks can only be used to identify printed output produced by the Font Software. The use of any trademark as herein authorized does not give you any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit of Publisher. You may not change any trademark or trade name designation for the Appfont Software.
4. Warranties and Limitations
a. Positype warrants to you that the Appfont Software will perform substantially in accordance with its documentation on Workstations that are suitably equipped for Use of the Appfont Software. No warranty is made with regard to third-party software or hardware that is not specified for Use of the Appfont Software. Any refund of any fee paid for the licensing of the Appfont Software will be made at Publisher's discretion. The settlement of any warranty claim will be limited to the refund of the license fee paid to Publisher for Use of the Appfont Software. To make a warranty claim, you must, within a thirty (30) day warranty period, contact the Publisher to verify the occurrence of the transaction and the basis of the warranty claim.
b. Positype does not warrant the performance or results you may obtain by using the font software. The foregoing states the sole and exclusive remedies for publisher's breach of warranty. Except for the foregoing limited warranty, publisher makes no representations or warranties, express or implied, as to non-infringement of third party rights, merchantability, or fitness for any particular purpose. In no event will publisher be liable to you or anyone else for: (i) any consequential, incidental or special damages, including without limitation any lost profits, lost data, lost business opportunities, or lost savings, even if Positype has been advised of the possibility of such damages, or for (ii) any claim against you by any third party seeking such damages even if publisher has been advised of the possibility of such damages.
c. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so that such limitations may not apply to you. In those jurisdictions, you agree that Positype’s liability for such physical injury or death shall not exceed One Dollar (U.S. $1), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction.
5. Governing Jurisdictions
a. The Agreement will be governed by the laws of Georgia applicable to contracts wholly entered and performable within such state. All disputes related to the Agreement shall be heard in the Circuit Court of Jackson County, Georgia, U.S.A. or the United States District Court for the Northern District of Georgia, Atlanta, Georgia, U.S.A. Both you and Positype agree to the personal jurisdiction and venue of these courts in any action related to the Agreement. The Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
b. At any time, Positype may amend these terms under which it licenses the use of the Appfonts to You. Positype will provide you with such amended terms and You agree that your continued use of the Appfont Software is equivalent to acceptance of any changes made to this Agreement. Non-acceptance will result in the immediate termination of this Agreement and you agree to comply with the destruction of all digital copies of the Appfont Software in your possession.
c. This Agreement encompasses the entire understanding of the license shared between Positype and You and supersedes all prior arrangements or agreements written, spoken, or otherwise.
6. Termination Of Agreement
The Agreement shall automatically terminate upon failure by you or any of your authorized agents to comply with its terms. The termination of the Agreement shall not preclude Positype from suing you for damages of any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Positype.
7. Contact and Communication
All inquiries or communications may be submitted through the Contact Form provided on Positype, hosted on its website www.positype.com.