factus fonts - END USER LICENSE AGREEMENT
END USER LICENSE AGREEMENT (EULA) - Standard License (1 User)
Factus Creative LLC, (aka Factus)
Last updated: April 6, 2021
THIS IS A BINDING LEGAL AGREEMENT - Please read this Agreement before purchasing, downloading, installing or using the Font Software. Any of these actions shall indicate your express agreement to these terms and conditions.
1. grant of license
This license to use the Font Software is non-exclusive, terminable and non-transferable and the use of the Fonts must be in accordance with the following terms and conditions.
2. PERMITTED DESIGN USES
Use of the Font Software in the creation of 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 such works for those third parties, provided that the use by those third parties is subject to the obligations and restrictions (but none of the privileges of the Font Software license) in this Agreement as if those third parties were you. You may use the Font Software to print multiple copies of products, including clothing, packaging, posters, coffee mugs or similar commercial products, provided you do not exceed the 250,000 instance limit as defined in item 8 below or violate any of the other restrictions in this Agreement. You may use the Font Software to create a company logo, however you may not include the typeface design in any trademark registration.
Use of the Factus Font Software is limited to the number of End Users identified when this License was purchased. The Font Software may be installed on not more than two (2) computers (workstation and laptop, iPad or other portable device used as a substitute for a workstation type computer for each licensed End User), provided that both computers are not used simultaneously. For the purposes of clarity, a Licensed End User may install the Font Software on their laptop, iPad or portable device and their workstation, provided both are not used at the same time. Serving of the Font Software to Unlicensed End Users over a network, LAN, WAN or the Internet is strictly prohibited. If you need or otherwise desire to install and use the Font Software in such a manner, contact Factus for a special license.
4. ONE FONT SOFTWARE BACK-UP
You are permitted to make a single back-up copy of the Font Software. The Factus Font Software or documentation may not be sublicensed, sold, leased, rented, lent, or given away to another person or entity.
5. SERVICE PROVIDERS/BUREAUS
In the event that you require the services of a third party for the production of color proofs, film or preparation for digital pre-press production or printing, upon completion of your job, the service provider must delete the Font Software or purchase their own license for continued use of the Font Software with other clients or projects it is hired to produce.
The Factus Font Software may be exchanged only if defective. If you do not agree to the terms of this Agreement and you wish to claim a refund you must (a) certify that no copy of the Fonts remains in your possession or control and (b) provide proof of a valid sale and a valid sales receipt. All claims must be made within one (1) week of purchase.
Except as may be otherwise expressly permitted by your specific License, you may not distribute, sell, modify, include, adapt, translate, reverse engineer, decompile, disassemble, translate into other font formats or other formats for use with other forms of devices or otherwise copy and/or include the Factus Font Software or the design of the Font embodied therein without the express written consent of Factus. All rights not expressly granted are reserved to Factus. Any modifications, derivations and/or adaptations of the Font Software or the design embodied therein, requires the express permission of Factus which expressly reserves a right to create any such modifications, derivations or adaptations. This term is contractual in nature. If you are unsure whether your use of Font Software is specifically permitted under this Agreement, contact Factus Creative.
8. LARGE VOLUME COMMERCIAL USE
A Large Volume Commercial License is required for any usage that results in the creation of more than 250,000 reproductions, including print and digital. A Large Volume Commercial License is also required for any usage of the Font Software on the web that results in more than 250,000 monthly pageviews. A Large Volume Commercial License can be purchased by contacting Factus.
9. USING THE FONT SOFTWARE TO CREATE COMMERCIAL VIDEO CONTENT
The use of Font Software to create content that is broadcast or streamed on TV subscription services, via any terrestrial, satellite or internet service that exists now or in the future, or in a commercial video content including movie titles and digital billboards/ads, requires a broadcast license extension. If you require this type of use, please contact Factus.
10. LIMITED EMBEDDING
You are permitted to embed or otherwise include the Font Software within a PDF, PowerPoint, Word or similar-type electronic document, distributed physically or online for personal or commercial use ONLY IF: A) the Fonts cannot be extracted (“read-only”); AND B) the document is not for sale, resale or mass-market distribution of any kind; AND C) the online use is not a redistribution of usable versions of the Font Software; AND D) the distribution of the document is restricted to fewer than 250,000 instances. If documents containing embedded copies of the Font Software will be sold, a separate ePub License must be purchased. If the distribution of the document consists of more than 250,000 instances, a separate Large Volume Commercial license extension must be purchased. If you require any of these types of use, please contact Factus.
11. EMBEDDING FONTS IN SOFTWARE/APPS/GAMES
Unless an App & Software License has been purchased, you are not permitted to embed the font(s) in application content or user interfaces, or other content for smart phones, gaming consoles, smart televisions, or other works distributed electronically and/or via physical media for sale. One App & Software License is required per title. Multiple licenses are not needed for each platform/system the title is to be released on. An App & Software License can be purchased by contacting Factus. Font(s) cannot be used in an application or software which allows the user to edit the font text and generate personalised content. If you wish to use the Font Software for such purposes, please contact Factus. For example, if you want to sell or distribute software for other platforms, such as, but not limited to, Playstation, XBOX, Wii, Mac OS or Windows that contains embedded copies of the Font Software, a license extension is required. If you require this type of use, please contact us for a quote. If you will be selling or distributing software for mobile devices (defined as any device running the iOS, Android, Windows Phone, Blackberry, PalmOS, WebOS, or Symbian operating systems) containing embedded copies of the Font Software, an App & Software License extension is required. Please contact Factus for any license extensions.
12. WEB USE
Using the Font Software on the web, for styling HTML web pages, is permitted using CSS @font-face. If the monthly page views exceed 250,000 views, a separate Large Volume Commercial License extension must be purchased. Please contact Factus for any license extensions. You may use the Font Software on one domain name (URL) only, unless additional licenses are purchased. You cannot link the Font Software across multiple domains. The Font Software may be used on any web site owned/controlled by the licensee. You may only convert to, put online and/or link to EOT, WOFF, and/or Web-Only TTF formats. You may not put online and/or link to any other file format, including OpenType. The Font Software may not be used in any web-based applications where users of the site can select and/or use any Font Software for any text composition or editing use; where the Font Software are used within an application that is sold or made available for free, or in any other way is distributed for use outside of use within a web browser, an e-Pub or PDF document of any kind; where users can select and/or use any Font Software for printing purposes, or in any merchandising scenario (i.e. greeting cards, apparel design, et al); where the Font Software are displayed on subdomains at which the content is not controlled by you; where the Font Software are displayed within an online editor or design tool.
13. YOU MAY NOT ALLOW YOUR USERS TO PERSONALISE CONTENT WITH THE FONT
You may not embed the font in any app, software, template or theme which allows users to type with the font and generate their own personalized content, digital or physical. This includes, but is not limited to, customized T-shirts, greeting cards, mugs, stickers, business cards, invitations, digital image and video content. If you wish to use the Font Software for such purposes, please contact Factus.
14. DESIGN CREDIT
If your use of the Font Software is within a format where credits are displayed, for example a movie or television show, or an awards ceremony, or printed production credits, etc., you agree to credit Factus as the trademark and copyright owner and creator of the Factus Fonts, in the following manner: (Font Name) © Factus – www.factuscreative.com. (This type of credit is ONLY required where credits are shown as part of the format. You would not need to add a credit on a product package, for example.)
15. DERIVATIVE WORKS PROHIBITED
You may not alter Font Software in any manner whatsoever. Reformatting the Font Software into other formats or for use in other operating systems is expressly prohibited. Altering or amending the embedding bits characteristics of the Font Software is expressly prohibited. The Font Software may not be used to create or distribute any electronic document in which the Font Software, or any part thereof, is embedded in a format that permits editing, alterations, enhancements, or modifications by the recipient of such document. Derivative works based upon the Factus Font Software may not be sublicensed, sold, leased, rented, lent, or given away without written permission from Factus. Factus shall not be responsible for unauthorized, modified and/or improperly regenerated, adapted or translated software or derivative works.
16. RIGHTS RESERVED
This Software is licensed, not sold, to you by Factus, and is licensed for use in accordance with the terms of this Agreement. As a licensee, your ownership of the magnetic and/or optical media on which the Software is recorded, if any, is distinct from and does not grant any right, title or interest in and to the design of the Font or the Font Software itself. All copies of the Software downloaded or installed, including the copy(ies) of any Software that accompanies this document either as part of a downloaded file or on recorded media, such as, but not limited to, magnetic or optical media, remain the exclusive property of Factus. The Factus Font Software and the design of the Font embodied therein are the exclusive property of Factus and are protected under both domestic and international copyright, trademark and unfair competition laws. The various names of the Factus Fonts are the trademarks of Factus. All other trademarks are the property of their respective owners, and may be registered in the United States and/or other jurisdictions. Direct any questions, in writing, to Factus.
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 the Font Software to Factus and certify that no copy remains in your possession or control. If you've carefully read this far, please be aware that the Font Software has been programmed to know when Font Software is being misused, and will automatically change to Comic Sans. If this process occurs, please take a screen shot and send to Factus Creative as this would be solid entertainment.
18. REVOCATION OF WARRANTIES
Subject to the representations and warranties stated herein, the Font Software is provided “AS IS” and without fiduciary obligation to you or other warranties of any kind and Factus hereby expressly disclaims all warranties, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Factus 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. Under no circumstances shall the designer be liable to you, or any third 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 Software even if notified in advance of such possibility.
19. LIMIT OF LIABILITY
In no event will Factus 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 Factus has been advised of the possibility of such damage. Under no circumstances, subject to the conditions noted herein, shall Factus’ 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 Factus.
19.a. animal rights
No animals were harmed in the creation of this Font Software. Maybe some cute doggos were laying at the feet of the designer during the creative process. We reserve the right to use cute, slightly awkward or embarrassing photos of the company dogs ("Juno" and/or "Jet") on the website.
You agree to indemnify and hold the Factus harmless from and against any claims or damage which may result from your breach of this License Agreement. Factus confirms that the typeface is an original design, created in good faith. The typeface uses and/or copies no material or work from an existing typeface to the best of Factus’s knowledge. Factus agrees to indemnify and hold you harmless against claims of plagiarism regarding the typeface design.
21. OTHER LAW - CONSUMERS ONLY
Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, implied warranties or implied warranties as they relate to sales to non-business purchases to consumers. ANY IMPLIED WARRANTY OR CONDITION CREATED BY LAW IS ONLY EFFECTIVE FOR A THIRTY (30) DAY WARRANTY PERIOD OR THE SHORTEST PERIOD ALLOWED BY ANY APPLICABLE RULE, LAW OR STATUTE. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE SHORTEST APPLICABLE WARRANTY PERIOD. The exclusions noted above may not apply to you. Otherwise, and to the extent permissible by law, you agree that all implied warranties are not to be effective for more than thirty (30) days.
22. GOVERNING LAW
This Agreement will be governed by the laws of the Great State of Colorado as applies to contracts entered into Factus - Standard License and wholly performed therein without application of its conflict of law provisions or the conflict of law provisions of any other jurisdiction. You hereby expressly consent to the personal jurisdiction of the local, county or federal courts selected by Factus for the hearing or resolution of any dispute or action arising out of or related to this License and you hereby further expressly waive any jurisdiction or venue defenses and agree to services of process by certified mail return receipt requested. All remedies are cumulative not exclusive.
23. COMPLETE AGREEMENT
You acknowledge that you have read this agreement and understand it and that by using the software you will be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Factus and you which supersedes any proposal or prior agreement, oral or written, and any other communications between Factus and you relating to the subject matter of this Agreement. No variation of the terms of this agreement or any different terms will be enforceable against Factus unless Factus gives its express written consent, including a written express waiver of the terms of this. If any provision of this agreement is held void or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions of this agreement will remain in full force and effect. Factus expressly reserves the right to amend or modify this License Agreement at any time and without prior notification.