This is the Nova Type Foundry Font Software End User License Agreement (“EULA”). Please read this document carefully and we recommend You keep a copy for future reference.
The EULA is a legal agreement between the end user of the Font Software (“You”) and Joana Correia – Type Unipessoal LDA (“Nova Type Foundry”).
The EULA takes effect when You purchase any Font Software. “Font Software” means software which, when used on an appropriate device, generates typeface designs. Font Software shall include all bitmap representations of typeface designs created by or derived from the Font Software.
Your order summary will identify the prices and the type of license(s) You are purchasing and the relevant restrictions, such as maximum number of uses / installations / unique website visitors / mobile app downloads.
Desktop licenses are based on the number of computers the Font Software will be installed in. You can use the Font Software in any computer used for personal and commercial use. You can use the Font Software in most applications, such as Adobe Indesign and Microsoft Word.
The license granted is a limited, non-exclusive, and non-transferable license to use the Font Software subject to the terms and conditions of this EULA.
Webfont licenses allow You to embed the Font Software into a single website (single top level domain) to be displayed in any browser. The price is based on the monthly number pageviews. If the maximum number of allowed unique visitors is exceeded for three (3) consecutive months, the purchase of an additional license is required.
The license granted is a limited, non-exclusive, and non-transferable license to use the Font Software subject to the terms and conditions of this EULA.
The Font Software will be transmitted for Your use in WOFF and WOFF2 formats. You will be able to use the Font Software to style HTML and SVG documents using the CSS @font-face mechanism. You may not use desktop formats like OTF and TTF.
Mobile App licenses allow You to embed the license into a mobile application. It can used in iOS, Android or Windows. The price is based on the number of downloads on the App Store, Google Play or other relevant mobile application store. If the number of downloads exceed the contracted amount You must purchase additional licenses.
The license granted is a limited, non-exclusive, and non-transferable license to use the Font Software subject to the terms and conditions of this EULA.
For the following uses You will need a special license:
· Alphabet or letterform-related products for resale or letterform creation products or devices.
· Embedding in electronic devices; electronic books, all gaming uses and/or devices.
· Embedding in software.
· Storing, caching, serving or otherwise providing access to the Font Software to third parties via the Internet for use or display on the in Internet, irrespective of the format or technology used.
· Use in film, flash-type animations, television or broadcast via cable television or on the internet.
· Use of “Dingbats”, or images in or formatting a part of the Font Software used as an element in or part of a logo or trademark or use of the same on goods for sale.
· Use of any illustration embodied in the Font Software or products for resale with the purchase of a special license.
· Installation of the Font Software on a server for serving to end users.
If you need a special license please contact info@novatypefoundry.com
The following terms apply to all types of licenses.
1. Nova Type Foundry reserves all intellectual property rights not specifically granted to You under this EULA.
2. Unless permitted by applicable law, You may not modify, reverse engineer, convert into different formats, disassemble part of the Font Software or adapt in whole or in part the Font Software.
3. You agree not to copy the Font Software or create derivative works based upon the Font Software.
4. This License is non-transferable. You may not assign Your rights or obligations to any other person or entity. You may not share, sell, lend, sell, sublicense, lease, distribute, donate, reveal or transfer to any third party or entity. You agree to take reasonable actions to prevent others from accessing and distributing the Font Software.
5. You may make one backup copy of the Font Software for archival purposes, provided You agree to control such copy.
6. If You are a design consultancy, advertising agency, or purchasing this License for use by or in behalf of such organization, the ultimate end user must also purchase a License for the intended use of the Font Software. This license does not permit the use of the Font Software by third parties, such as temporary employees, freelancers or independent contractors.
7. If no other option exists, You may take a temporary copy of the Font Software for use by a commercial printer or service bureau solely for use in the production of Your own materials, provided that You ensure that the vendors delete or return the Font Software to You at the conclusion of the services.
8. You may embed the Font Software in Adobe Acrobat (PDF) documents only as Non-Editable documents, provided You take reasonable measures that ensure that the Font Software cannot be extracted. You may use the Font Software to create graphic images such as GIF but only for static images.
9. Nova Type Foundry warrants that the Font Software will be free from defects in materials and workmanship under normal use for ninety (90) days following delivery of the Font. Nova Type Foundry hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. R-TYPOGRAPHY DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT IS WITHOUT DEFECTS.
10. UNDER NO CIRCUMSTANCES SHALL NOVA TYPE FOUNDRY BE LIABLE TO YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONT EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. You hereby agree that Your entire, exclusive, and cumulative liability and remedy shall be limited to the cost of the Font Software or replacement thereof, at Nova Type Foundry’s discretion.
11. This EULA may be terminated by You at any time by deleting the Font Software together with any printed and/or non-print materials and any copies of the Font Software.
12. Either party may terminate this EULA in case of material breach of any term of this EULA.
13. In the event of termination for whatever reason, You agree to immediately discontinue using the Font Software and certify that no copies remain in Your possession or control.
14. You agree to be responsible for compliance with all laws, foreign and domestic relating to the control of exports or the transfer of technology.
15. If You are purchasing this license for government use, or under a government contract, You agree to familiarize Yourself with and follow any applicable rules and regulations relating to the purchase of a license to use software and the actual use thereof.
16. This EULA shall be governed by the laws of Portugal, as they apply to contracts without respect to its conflict of laws provisions or the conflict of laws provisions of any other jurisdiction. Parties accept the jurisdiction of the Portuguese courts. The United Nations Convention of Contracts for the International Sale of Goods shall not apply.