App Font License

End User License Agreement for Application Fonts

A license agreement for the use of Delve Fonts’ Font Software on Five (5) Computers and in One (1) Application.


By downloading, installing, or using the Font Software, You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not download, install, or use the Font Software.

Delve Fonts grants to You a non-exclusive license to use the Font Software and Documentation, provided You agree to the following:

1. Definitions
1.1. “Font Software” means coded software that is accompanied by this Agreement and which generates typeface designs when used with the appropriate hardware and software. The term “Font Software” shall also include any Subsets, modified versions, updates, additions, and copies of the Font Software licensed to You by Delve Fonts.
1.2. “Licensed Unit” means an installation of the Font Software that allows up to five (5) concurrent users to use it.
1.3. “Documentation” means related explanatory written materials that accompanies the Font Software and this Agreement.
1.4. “Application” means software for a computer or mobile device which fulfils the requirements set forth in the Delve Fonts Application Criteria.
1.5. “Delve Fonts Application Criteria” means the requirements set forth below in section 9.
1.6. “Embedding” means the action of placing a copy of the Font Software into the Application or into a document, which may or may not be performed as a function of the Application.
1.7. “Subset” means a version of the Font Software wherein the total number of glyphs is less than that of the original but still fulfills the requirements of the Application. Creating a Subset is useful for file size optimization. You may request a custom Subset of the Font Software from Delve Fonts.

2. Grant of License
2.1. Number of users. Delve Fonts grants You a non-exclusive license to use the Font Software in a Licensed Unit for Your own personal or business purposes according to the terms of this Agreement. If the number of users who use the Font Software exceeds those set forth in the definition of Licensed Unit above, then You must request from Delve Fonts or its authorized Distributors an appropriate license covering all users. An additional fee will be charged for this license extension.
2.2. Embedding. Embedding of the Font Software is limited to one (1) Application. If the relevant Application fulfills the minimal requirements defined in section 9 as the Delve Fonts Application Criteria, a Subset of the Font Software may be embedded into the Application. You may request a custom Subset of the Font Software from Delve Fonts. The Subset may be Embedded into an unlimited number of distributable product copies of the Application and subsequent iterations of the Application also known as new versions, software updates, ports, or builds. The Subset may be used to display the user interface of the Application or data used by the Application. If a function of the Application exports documents, the Font Software may be Embedded in those documents only as a rasterized representation.
2.3. Backup Copies. You may make back-up copies of the Font Software for archival purposes only, and only provided that You retain exclusive custody and control over such copies.
2.4. Supplemental Usage. An addendum to this license is required if usage beyond that granted in 2.2 and 2.3 is needed. Purchase of the Addendum will (i) allow users to author content using a Subset of the Font Software and to distribute the content with the Font Software Embedded and (ii) Embed the Font Software in an additional class of software known as plug-ins, templates, skins, decks, or theme. Please request a quote for Extended Usage if You require the Font Software to be distributed as a separate file from documents created by the Application or made accessible to users within the Application by “unlocking” as a paid upgrade, or sold either by itself or in combination with other products as an “in-app purchase”.

2.5. Copying. Except as granted in 2.2. and 2.3. You may not (i) copy the Font Software or allow third parties to copy the Font Software (ii) copy or install the Font Software in the operating system the Application runs on. Any (allowed) copy of the Font Software must contain the same copyright, trademark, and other proprietary information as the original.
2.6. Modifications. Except for the purpose of creating a Subset, You may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or access the source code of the Font Software. If You want to make modifications to the Font Software, You must obtain the prior written consent of Delve Fonts.
2.7. Distribution. Except as granted in section 2.2., You are not allowed to copy, distribute or make the Font Software available to third parties. In particular (but not limited to), You are not allowed (i) to disseminate or make available the Font Software or parts of it through any online service or a file sharing platform or (ii) to sublicense the Font Software to third parties or (iii) to distribute the Font Software with the Application source code.

3. Ownership
The Font Software and Documentation, and all copies thereof, are protected by national and international copyright and/or design law and by international treaties. Any copyright, trademark and other rights belong exclusively to Delve Fonts, except as expressly provided in 2.1. You do not gain ownership of the Font Software or Documentation under the terms of this Agreement. The structure, organization, and the code of the Font Software are trade secrets of Delve Fonts, and You agree to treat them as such.

4. Transfer of License
Except as expressly provided herein, You may not give, rent or lease the Font Software or parts of it or the Documentation to third parties. You may transfer all Your rights to use the Font Software and Documentation to another person or legal entity provided that (i) the transferee accepts and agrees in writing (with copy to Delve Fonts) prior to such transfer to be bound by all the terms and conditions of this Agreement, and (ii) You destroy all copies of the Font Software and Documentation, including all copies stored in the memory of a hardware device. Without limiting the generality of the foregoing, You agree that You will not distribute or disseminate all or any part of the Font Software through any online service.

5. Limitation of Liability
If the Font Software does not perform substantially in accordance with the pertaining documentation, the entire and exclusive liability of Delve Fonts shall be limited to either, at Delve Fonts’ option, the replacement of the Font Software or the refund of the license fee You paid for the Font Software. Delve Fonts and its suppliers do not warrant the performance or results You may obtain by using the Font Software. Delve Fonts and its suppliers make no warranties express or implied, as to non-infringement of third party rights, merchantability, or fitness for any particular purpose. In no event will Delve Fonts or its distributors be liable to You for any consequential, incidental or special damages, including any lost profits or lost savings, even if an Delve Fonts representative has been advised of the possibility of such damages, or for any claim by any third party. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitations may not apply to You. This warranty does not affect any claims You might have against Your retailer.

6. Termination
Delve Fonts has the right to terminate Your license immediately if You fail to comply with any term of this Agreement. Upon termination, You must destroy the original and any copies of the Font Software.

7. General Provisions
You agree to inform all users who have access to the Font Software about the content of this Agreement and to make sure that they comply with the terms of this Agreement. This Agreement may only be modified in writing signed by an authorized officer of Delve Fonts.

8. Governing Law
This Agreement will be governed by the laws in force in the State of California excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on 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. You agree that the Font Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by You to comply with its terms.

9. Delve Fonts Application Criteria
This lists the minimal requirements for application formats to which the Delve Fonts Application Fonts EULA is applicable.
9.1. Application for Apple iOS version 3.2 and later
9.1.1. Application bundle
Definition: A .zip compressed directory structure. Requirements: Must contain the Application executable file and the required support and resource files.

9.1.2. Application executable
Definition: An executable file containing the source code of the Application. Requirements: The Application executable must make use of all Embedded Font Software.

9.1.3. Info-plist
Definition: A file containing configuration data of the Application. Requirements: Must list all Embedded Font Software in the ‘UIAppFonts’ section.

9.1. 4. Application icon
Definition: An image file used to represent the Application. Requirements: Must be included in the application bundle.

9.1.5. Launch image
Definition: A full screen image displayed when the Application launches. Requirements: Must be included in Application bundle.

9.2. Application for the Android platform
9.2.1. Android Application package file
Definition: A JAR compressed directory structure with the .apk extension. Requirements: Application is compiled and packaged in a single file that includes all of the application’s code (.dex files), resources, assets, and manifest file.

9.2.2. Application executable
Definition: Compiled Android application code file. Android programs are compiled into .dex files, which are in turn zipped into a single .apk file on the device. Requirements: The Application must use all Embedded Font Software.

9.2.3. Manifest file
Definition: An XML file that each Application must define, to describe the Application’s package name, version, components (activities, intent filters, services) and imported libraries. Requirements: Application must have an AndroidManifest.xml file (with precisely that name) in its root directory.

Delve Fonts
2717 Santa Clara Ave.
Alameda, CA 94501

Phone: 415.699.5222

Updated: September 30, 2014