Font Software for Desktop 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 OR INSTALLING 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 use the Font Software and Documentation, provided You agree to the following:
1.1. “Font Software” means coded software that is accompanied by this Agreement and which generates typeface designs when used with the appropriate 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 a maximum of three (3) installations or simultaneous Use of the Font Software for Your use. If You require additional installations, You must purchase a license upgrade from Delve Fonts.
1.3. “Use” means to design Your own personal or business materials with the typeface embodied in the content of such materials using the respective Font Software as detailed in Section 2 below. Use does not include the restrictions set forth in Section 3 below.
1.4. “Documentation” means related explanatory written materials that accompanies the Font Software and this Agreement.
1.5. “Electronic Document” means a portable electronic document file including but not limited to: PDFs, eBooks, ePubs, and other file formats that allow Font Software to be embedded within the file structure.
Grant of License
PROVIDED THE TOTAL NUMBER OF INSTALLATIONS DOES NOT EXCEED THE LICENSED UNIT, YOU MAY (i.) install the Font Software on a file server on a secure network under Your control for Use of the Font Software over such a network. (ii.) output files that may subset or encapsulate the Font Software exclusively for the purpose of sending the file to output devices (e.g. printers and plotters) either connected to Your computer or over a secure network. (iii.) install the Font Software on secure computers at separate geographic locations for Use by Your employees working remotely as part of a distributed workforce. (iv.) provide a copy of the Font Software used to style the content of Your file to: (1) a commercial printer for the purpose of processing Your file, provided such commercial printer represents to You that it is also a licensed User of the Font Software; or (2) Adobe Fonts via Adobe Creative Cloud’s online font hosting service, which is authorized by Delve Fonts to receive and host a copy of the Font Software You have licensed, for Use by You. (3) a contractor using a secure computer under Your control.
Restriction of Use
3.1 Restriction of Use. The Font Software is licensed for Your use, subject to the following restrictions:
3.2 No Distribution. Except as described in Section 2. above, You are not allowed to copy, distribute or make the Font Software available to third parties for their use. 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 rent, lease, sublicense or lend the Font Software to third parties so that they can use it (e.g.- for websites) or (iii.) to use the Font Software in an interactive web application where users can select the Font Software and enter or edit text using it. (iv.) to distribute the Font Software to a contractor that is not licensed for Use of the Font Software.
3.3. No Conversion. Conversion, or other such use of the Font Software is expressly prohibited. For example, but not limited to, conversion of the Font Software to webfont formats for installation or use on a website is not allowed. If You wish to Use the Font Software for such purposes, You must obtain a separate license for such Use from Delve Fonts.
3.4. Embedding. Provided the documents are not sold as a product or service, You may embed the Font Software in Electronic Documents. A separate license must be purchased from Delve Fonts to embed the Font Software within electronic documents sold as a standalone product. You may not host, provide access to, or facilitate Use of the Font Software for users of a website by embedding the Font Software on a publicly accessible web server. Such Use requires a separate license for Webfonts to be purchased from Delve Fonts.
3.5. No 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 wish to make modifications to the Font Software, You must obtain the prior written consent of Delve Fonts.
3.6. 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.
3.7. No Illegal or Harmful Use. You may not Use the Font Software to produce or disseminate messages or materials that are illegal or harmful to humans, animals, or the environment, including but not limited to: forgery, disinformation, illegal pornography, the violation of human rights, gun violence, hate speech, and any form of discrimination such as harmful language concerning race, gender, age, caste, religion, or sexual orientation. Use of the Font Software in such a manner will result in the revocation of this End User License Agreement.
The Font Software is owned by Delve Fonts. You do not gain the ownership of the Font Software or any part thereof 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. 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.
If the Font Software includes, or in connection with the acquisition of the Font Software You receive two or more versions, two or more language translation versions, or two or more copies of the Font Software by way of an upgrade to the Font Software, the total aggregate number of computers on which all versions of the Font Software are used may not exceed the permitted number of computers.
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 $100,000 USD, 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 non-refundable.
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 distributors 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 or postal service. 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 by an officer of Delve Fonts.
This Agreement is 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 may contact Delve Fonts by sending email to email@example.com.
Delve Fonts LLC, 2717 Santa Clara Ave, Alameda, CA 94501
Last updated: January 19, 2023