FONT END-USER LICENSE AGREEMENT
This End-User License Agreement ("EULA") is a legal agreement between you and Nick Nadeau LLC governing the terms of use of the Font Software (collectively, the "Font" or "Font Software") that you are downloading or purchasing from Nick Nadeau LLC, for yourself, your company, or your employer (hereafter collectively referred to as "you" or "The Licensee"). Please read this entire document before agreeing to be bound. By purchasing the Font Software, you agree to the terms of this EULA agreement.
The Font Software licensed under this Agreement is supplied to you by Nick Nadeau LLC for USAGE ONLY, and remain the intellectual property of the designer(s) of the Font Software. Nick Nadeau LLC and/or the designer(s) reserve all rights not expressly granted to you under this Agreement. Upon purchase of the Font Software, you are granted a non-exclusive, terminable, and non-transferable license to use the Font Software per the following terms and conditions. You may not exceed the scope of this License.
1.0 END-USERS, DEVICES AND COMPATIBILITY
1.1 - END-USER
Individuals and legal entities (companies) as indicated at the time of purchase.
1.2 - USERS AND DEVICES
Use of the Font Software is explicitly limited to the number of Desktop Users selected at the time of purchase and displayed on your receipt. When purchased as part of a multi-product bundle or unless otherwise stated, the Font Software is licensed for use by up to 2 desktop users.
The Font Software can be installed on one device per user (including mobile devices and iPads).
You must purchase a license that covers each user who will use the Font Software. If you are a company purchasing a multi-user license for your employees, your employees must use the Font Software subject to the terms of this Agreement. You must notify all employees who will use the Font Software of the terms and conditions of this Agreement, and you are responsible for any misuse of the Font Software by your employees.
1.3 - USE BY LARGE BUSINESSES, CORPORATIONS, AND LEGAL ENTITIES
Companies, organizations, and employees thereof generating more than $250 million USD annual revenue are not permitted to use the Font Software without purchasing an extended license.
To obtain a quote for an extended license, please reach out to nick@nicknadeau.com.
1.4 - DEVICE COMPATIBILITY
You are responsible for ensuring your device meets the minimum requirements to install and use the Font Software.
USAGE
This Agreement permits both commercial and non-commercial use.
"Commercial" use is any use: (a) that involves an exchange of money or other consideration, (b) that promotes a business, product, or service, or (c) where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee's use of the Graphic Asset.
"Non-commercial" use is a use for solely personal purposes; any use that meets the definition of "Commercial use" can not be a Non-commercial use.
Use of the Font Software in the creation of printed and digital design works, rasterized images for web sites and otherwise for your personal use is permitted. If you design or create works for third parties, such as clients, you are considered a "Designer" and you may use the Font Software to design or create design works for third parties, subject to the uses and limitations described in this Agreement, and providing that you notify those third parties of those obligations and restrictions in writing. You may not allow any third party to use your copy of the Font Software.
2.0 PERMITTED USES
You may use the Font Software for commercial and non-commercial uses within the limitations and described below.
2.1 - Create Physical End-Products: You may use the Font Software to create physical end-products for free or for sale including, but not limited to, apparel, greeting cards, stationery, stickers, mugs, stamps, homewares, posters, signs, etc. up to a combined limit of 250,000 units.
2.2 - Physical Product Packaging: Licensee may create physical packaging products used for resale or wholesale, including but not limited to, boxes, labels, jars, stickers, containers, etc., up to a combined limit of 250,000 units.
2.3 - Digital Product Packaging: Licensee may create unlimited digital packaging such as digital book covers, podcast covers, audiobook covers and music album covers.
2.4 - Digital designs: Licensee may create unlimited digital designs in a non-embedded, static, rasterized (bitmap) form for clients or for resale such as static designs, static website elements, graphics, graphs, illustrations, NFT's etc.
2.5 - Logos & Branding: Licensee may create unlimited logos, branding and collateral such as logos, letterheads, business cards, promotional materials and signage. Licensee is not permitted to supply the Font Software to the end-user or client with the finished logo design. Where the Font Software is used to create a logo, the typeface design cannot be included as part of any trademark, service mark or design mark registration and must be disclaimed in any such registration.
2.6 - Print and Digital Publications: Licensee may use the Font Software to create unlimited print or digital publications such as magazines, newspapers, novels, flyers, comics, picture books, record covers or e-books providing the finished design uses the Font in a non-embedded, static, rasterized (bitmap) or outlined format.
2.7 - Limited Document and E-Publication Embedding: Documents and E-Publications (e-books) distributed to third parties for free or for sale with fonts embedded, must be READ-ONLY by those recipients. Distribution of such documents is limited to 250,000 copies on any combination of publications including but not limited to PDF, Microsoft Word, Microsoft Powerpoint Google Docs and any format for use with E-book reading devices and apps. Embedding of the Font Software in any way that allows text to be edited by the recipient within the document or extracted and used elsewhere is prohibited.
2.8 - Social Media: Licensee may create unlimited content for personal, individual, Licensee owned and/or client-owned and managed company social media accounts.
2.9 - Physical (Printed) Advertisements in Local and National Markets: Such as billboards, signage, printed advertisements, etc. for commercial use. "Local" markets are defined as any distribution or display of advertisements within a 200mile / 320km radius within the borders of a single nation/country. "National" markets are defined as distribution or display of advertisements beyond a 200mile / 320km radius within a single nation/country.
2.10 - Digital Banner Advertisements: Unlimited internet banner advertisements such as advertisements served by Google Ads, Bings Ads, Facebook Ads, Linkedin Ads, etc.
2.11 - Video Advertisements: Broadcast, cinema and/or streaming via network, cable, internet, satellite, pay-per-view, video on demand, digital billboards and social media platforms allowed up to a limit of 500,000 lifetime views.
2.12 - Content and titles for Film, Broadcast & Streaming: such as motion picture and /or audio visual works, entertainment, music videos, documentaries and TV series via broadcast, cinema and/or streaming via network, cable, jumbotrons, video-billboards, gas-pump screens, internet, satellite, pay-per-view, cinema, video on demand and social media platforms allowed up to a limit of 500,000 lifetime views.
2.13 - Rasterized Graphics displayed on Websites, Software Apps, Mobile Apps, Desktop Applications, and Video Games: Licensee may use the Licensed Asset solely in a non-embedded, static, rasterized (bitmap) form in an unlimited number of mobile or desktop applications, websites, or video games.
3.0 PROHIBITED USES
3.1 - Resale, Distribution or Sub-Licensing the Font Software or any modification of it in source file form is strictly prohibited. (e.g., as a stock asset or template).
3.2 - Making public or distributing the Font Software in any way that allows others to download, extract, copy, save or redistribute the Font Software is prohibited.
3.3 - Reverse engineering, decompiling, disassembling, modifying or otherwise attempting to re-create the Font Software is prohibited.
3.4 - Embedding in or inclusion with editable templates, whether distributed for free or for sale is prohibited. This includes but is not limited to downloadable or installable website templates, presentation templates, logo-templates, social media image templates and word-processing templates.
3.5 - Use in Personalized Create-On-Demand services: Any use that allows anyone other than the Licensee to customize made-to-order physical end products using the Graphic Assets is prohibited. This includes, but is not limited to, "print-on-demand", "made-to order", "download-on-demand" and "design-it-yourself" applications and services.
3.6 - Embedding in Software or Electronic Devices: Embedding Font Software into software applications, games, computer hardware, mobile devices and games consoles is prohibited. To request an extended license quote covering such use, please reach out to nick@nicknadeau.com
3.7 - Use of dingbats and emojis as singular works: Dingbats, emojis and other non-alphabetical glyphs that are part of the Font Software are not permitted to be used as the sole design element in any logo or on a product for sale such as a coffee cup, t-shirt, greeting card, etc.
3.9 - Falsely representing authorship and/or ownership of the Graphic Assets is strictly prohibited.
3.8 - Use in future technologies not yet in existence is excluded from the scope of this License.
3.9 - Use of the Graphic Asset in illegal, harassing, threatening, fraudulent, or defamatory material, is strictly prohibited, including but not limited to: Material intended to cause physical or mental injury, emotional distress, death, disability, disfigurement, to any other person; Material that promotes racism, bigotry, hatred or physical harm to racial, sexual, religious or ethnic minority groups or individuals; Material intended to cause damage to any person or property; Material that seeks to harm or exploit children by exposing them to inappropriate content; Material that may constitute or contribute to a crime; Material containing information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, harassing, humiliating to other people (publicly or otherwise), libelous, threatening or otherwise objectionable.
3.10 Any other use that is not expressly permitted in this EULA is strictly prohibited.
4.0 ADDITIONAL PROVISIONS
4.1 - SOFTWARE BACKUP
You are permitted to keep a single backup copy of licensed Font Software in the cloud, locally on a desktop, laptop or mobile device, or on a studio server provided you are the only party who maintains or has access to this backup copy.
4.2 - ASSET MANAGEMENT
Licensee may only upload the Font Software to (i) a non-public server owned and controlled by Licensee or (ii) a non-public cloud storage service, cloud-based design app, or digital asset manager, account controlled by Licensee, in each case for the use of the Font Software by Licensee only, in accordance with the number of users governed by section 1.2 of this EULA.
4.3 - SERVICE PROVIDERS
The Licensee may temporarily provide a single copy of the Font Software to a service provider or agents such as a graphic designer, commercial printer, web developer, or independent contractor who is working on behalf of the Licensee. The Agents temporarily using the Font Software will be treated as licensed, providing the maximum number of desktop users specified on the Licensees receipt will not be exceeded. If the maximum number of desktop users allowed have already been allocated, the service provider must purchase a license separately.
The service provider must:
(a) Agree in writing to use the Font Software exclusively for Licensee's work, according to the terms of this Agreement.
(b) Delete the Font Software upon completion of the work.
4.4 - REFUNDS
The Font Software may be exchanged only if defective. If you wish to claim a refund, you must (a) certify that no copy of the Font Software remains in your possession or control and (b) provide proof of a valid sale and a valid sales receipt from Nick Nadeau LLC. All claims for a refund must be made within one (1) week of purchase and are at the discretion of Nick Nadeau LLC.
5.0 IMPORTANT LEGAL PROVISIONS
5.1 - RIGHTS RESERVED
The Font Software and the design of the Font embodied therein are the exclusive property of Nick Nadeau LLC and/or the designer and are protected under both domestic and international copyright, trademark and unfair competition laws. Licensee may not assert any ownership in the Font Software itself nor any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the Font Software. Any reference to the "purchase" or "sale" (or similar terms) of the Font Software refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself. As a licensee, Licensee's ownership of the media and/or device on which the Font Software is recorded, if any, is distinct from and does not grant any ownership right, title or interest in and to the design of the Font Software itself. Except as stated herein, this Agreement does not grant you any rights to trademark or any other intellectual property rights in the Font Software or in any typeface design.
5.2 - TERMINATION
Any breach of the terms of this Agreement shall be cause for termination of this License. In the event of termination, and without limitation of any remedies under law and equity, you agree to immediately return or destroy the Font Software, at the discretion of Nick Nadeau LLC and certify that no copy remains in your possession or control.
5.3 - REVOCATION OF WARRANTIES
Subject to the representations and warranties stated herein, the Font Software is provided "AS IS" and without obligation to you or other warranties of any kind. NICK NADEAU LLC AND THE DESIGNER OF THE FONT SOFTWARE EACH HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NICK NADEAU LLC DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE THE FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. THE FONT SOFTWARE IS NOT FAULT TOLERANT AND IS NOT INTENDED FOR USE IN THE CONTROL OR OPERATION OF DEVICES OR EQUIPMENT FOR MANUFACTURING, OR FOR USE IN NAVIGATIONAL DEVICES. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
5.4 - LIMIT OF LIABILITY
IN NO EVENT WILL NICK NADEAU LLC BE LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE (INCLUDING DAMAGE FROM LOSS OF BUSINESS PROFITS OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) OR FOR CLAIM BY ANY PARTY ARISING OUT OF THE USE OF OR INABILITY TO USE THE FONT SOFTWARE, EVEN IF NICK NADEAU LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES, SUBJECT TO THE CONDITIONS NOTED HEREIN, SHALL NICK NADEAU LLC OR THE DESIGNER'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE REPLACEMENT COST OF FONT SOFTWARE OR THE PROVISION OF SUBSTITUTE SOFTWARE, AT THE SOLE DISCRETION OF NICK NADEAU LLC. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
5.5 - INDEMNIFICATION
You agree to defend, indemnify and hold Nick Nadeau LLC and their suppliers including any designers of the Font Software harmless from and against any losses, damages, expenses, and costs, including reasonable attorneys' fees, from any claim by a third party arising from or related to your breach of this Agreement or your act, error, or omission.
5.6 - GOVERNING LAW
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the Australia.
5.7 - GENERAL
You acknowledge that you have read this Agreement and understand it and that by using the Font Software, you will be bound by its terms and conditions. No variation of the terms of this Agreement or any different terms will be enforceable against Nick Nadeau LLC unless without its express written consent. In the event any collection or enforcement effort or any legal action is instituted by Nick Nadeau LLC to interpret or enforce this Agreement, you will be responsible for paying reasonable attorneys' fees incurred by Nick Nadeau LLC. Nick Nadeau LLC expressly reserves the right to amend or modify this Agreement at any time and without prior notification.
5.8 - TRANSACTION FEES
All transactions are processed in The United States. Your bank or financial institution may charge an international transaction fee even when a transaction is processed in your local currency.
Should you require any additional use that is not described within this Agreement, please do reach out to nick@nicknadeau.com.