Font Software for Mobile Applications End User License Agreement
THIS END USER LICENSE AGREEMENT (HEREINAFTER “AGREEMENT”) IS A LEGAL CONTRACT BETWEEN YOU, OR THE LEGAL ENTITY YOU ARE REPRESENTING, (HEREINAFTER “YOU”) AND DELVE FONTS LLC (HEREINAFTER “DELVE FONTS”), AND IS APPLICABLE TO THE FONT SOFTWARE (AS DEFINED BELOW) THAT IS ACCOMPANIED BY THIS AGREEMENT.
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, non-assignable, non-transferable license (subject to all of the terms and conditions of the Agreement) to embed the Font Software into an iOS, Android or Windows Phone Application in a secure manner which does not allow an End User to access the Font Software outside of the Application; and to distribute worldwide (subject to export restrictions set forth in Section 8 of this Agreement) such Application to the End Users of Your Application.
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 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 for the development of mobile applications (apps) and embedding the Font Software in one (1) distinct Application.
1.3. “Documentation” means related explanatory written materials that accompanies the Font Software and this Agreement.
1.4. “Application” and “App” means software for a mobile device. Subsequent iterations or versions of the Application (also known as updates, or ports) are considered the same Application. An Application with a recognizably different title, significantly different features or functionality is considered a separate Application and will require a separate license. A fee will be charged for the separate license. You may contact Delve Fonts via email at firstname.lastname@example.org or by postal mail to the address provided below.
1.5. “In-App Purchase” means the action of selling goods or services to the users of Your Application, which may or may not be performed entirely within the Application.
1.6. “Publicly Available Software” means any software that contains, or is derived (in whole or in part) from any software that is distributed as free software, open source software, or similar licensing or distribution models.
- 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 an extended license sufficient to allow the number of users. An additional fee will be charged for the license extension. You may contact Delve Fonts via email at email@example.com or by postal mail to the address provided below.
2.2. Embedding. Embedding of the Font Software is limited to one (1) distinct Application. The number of installations by end users of Your Application with the Font Software embedded is unlimited. The Font Software may be embedded into subsequent iterations of the Application (also known as new versions, software updates, ports, or builds). You may not embed the Font Software in any Application that allows the generation of output such as PDFs, word processing documents, spreadsheets, labeled photos, static images, scalable images, advertisements or other documents or data files. The Font Software may only be embedded in an Application where the Font Software does not represent a substantial component of, and does not represent the primary value or the functionality of the Application.
2.3. Backup. You may make backup copies of the Font Software for archival purposes only. You must retain exclusive custody and control over such copies. Any backup copy of the Font Software must contain the same copyright, trademark, and other proprietary information as the original.
2.4. Additional Usage. If the Application allows users of Your Application to author or distribute new content using the embedded Font Software or creates documents with the Font Software embedded, a special provisional addendum to this license for additional usage “Addendum 1” must be purchased from DelveFonts. Embedding of the Font Software in plugins, templates, skins or themes for in-App-purchase whether provided for free or for a price requires the purchase of a special provisional addendum. You may contact Delve Fonts via email at firstname.lastname@example.org or by postal mail to the address provided below.
2.5. Copying. Except as granted in Sections 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 into the mobile device’s operating system that the Application runs on. Any allowed copy of the Font Software must contain the same copyright, trademark, and other identifying proprietary information as the original.
2.6. Modifications. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or attempt to discover 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. You may contact Delve Fonts via email at email@example.com or by postal mail to the address provided below.
2.7. Distribution. Except as granted in Section 2.2., You are not allowed to disseminate, distribute or otherwise make the Font Software available to third parties. In particular (but not limited to), You are not allowed to distribute the Font Software separately from the compiled Application source code. You agree that you will take no action which will have the direct or indirect effect of causing the Font Software to become Publicly Available Software or otherwise be subject to a Publicly Available Software agreement.
The Font Software is owned by Delve Fonts. You do not gain the ownership of the Font Software or any part hereof under this Agreement. The structure, organization and code of the Font Software are valuable trade secrets of Delve Fonts, and You agree to treat them as such. The Font Software, and all copies thereof, is protected by the United States Copyright Law, by the copyright and design laws of other nations, and by international treaties. You may not copy the Font Software or the Documentation, except as set forth in Section 2.2. Any copies that You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Font Software. Trademarks shall be used in accordance with 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. Such use of any trademark does not give You any rights of ownership in that trademark. Except as stated above, this Agreement does not grant You any intellectual property rights in the Font Software.
Delve Fonts warrants to you that the Font Software will perform substantially in accordance with its documentation for the thirty (30) day period following delivery of the Font Software. To make a warranty claim, you must, within the thirty (30) day warranty period, contact Delve Fonts and provide sufficient information regarding your acquisition of the Font Software so as to enable Delve Fonts to verify the existence and date of the transaction. The entire, exclusive and cumulative liability and remedy shall be that Delve Fonts will use commercially reasonable efforts to cause the Font Software to conform to the documentation as soon as commercially practicable. Delve Fonts DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR DELVE FONTS’ BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, DELVE FONTS 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 DELVE FONTS BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF DELVE FONTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF DELVE FONTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 such limitations may not apply to you. In those jurisdictions, you agree that Delve Fonts’ liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), 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. The Font Software is non-returnable and nonrefundable. For further warranty information, please contact Delve Fonts via email at firstname.lastname@example.org or by postal mail to the address provided below.
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 a 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.
Upon failure by You to comply with the terms of this Agreement, Delve Fonts shall be entitled to terminate this Agreement upon notice by email, regular mail, or telefax. The termination of the Agreement shall not preclude Delve Fonts 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 Delve Fonts.
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 applicable export laws, restrictions or regulations.
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.
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.
Delve Fonts LLC, 2601 Blanding Ave #C512, Alameda, CA 94501
Last updated: November 10, 2019