Desktop Font Software End User License Agreement

This Desktop Font Software End User License Agreement (the “Agreement”) is a legal contract between you and FAC3Type that governs your use of the Font Software licensed from a FAC3Type-affiliated website. By clicking “ACCEPT LICENSE AGREEMENT” or similar language, or by accepting the Agreement in any other manner (such as through a purchase order or confirmation email), you create a binding agreement with FAC3Type. If you do not agree to these terms, you must not access, use, or download the Font Software. Please read this Agreement in its entirety before accepting. Defined terms can be found in Section 11.

  1. BINDING AGREEMENT: You acknowledge that by agreeing to this Agreement, you are bound to its terms for all use of the Font Software supplied to you by FAC3Type.

  2. LICENSE GRANTS: Subject to the terms and conditions of this Agreement, you are granted a worldwide, non-exclusive, non-transferable license for your Licensed Desktop Users to: a) Install the Font Software on their Workstations; b) Install the Font Software on a Server that may only be accessed by your Licensed Desktop Users; c) Use the Font Software on Workstations or via the Server to:

    1. Create, edit, view, print, and distribute materials, provided that if you distribute such materials, the Font Software itself is not included; 2) Embed the Font Software into Electronic Documents, which may only be distributed if they are not commercial documents and the Font Software cannot be extracted; 2a) Make backup copies for internal use, ensuring all copies contain the same proprietary notices as the original.

  3. USE BY COMMERCIAL PRINTERS: You may provide the Font Software embedded in an Electronic Document to a commercial printer for printing. You must ensure the printer has its own license for the Font Software.

  4. TRADEMARKS: If you choose to use FAC3Type’s trademarks, you may do so in connection with advertising and promotional materials related to the Font Software, adhering to FAC3Type’s trademark guidelines. All rights in the trademarks are owned by FAC3Type.

  5. LICENSE LIMITATIONS & REPORTING: The number of Licensed Desktop Users must not exceed what is indicated in your account or transaction documentation; You must maintain records of your use and provide documentation to FAC3Type upon request. Exceeding licensed amounts will require purchasing additional licenses.

  6. RESTRICTIONS ON USE: You may not: Transfer your license rights, except as explicitly stated; Rent, lease, or sublicense the Font Software; Modify the Font Software or create Derivative Works, except as permitted by this Agreement; Embed the Font Software in open-source software that may render it publicly available; Use the Font Software for any racist, homophobic, transphobic, sexist, or misogynistic rhetoric. Any violation of this provision will result in immediate revocation of your license, with no refund.

  7. INTELLECTUAL PROPERTY RIGHTS: The Font Software is protected under Australian and international intellectual property laws. You agree that FAC3Type owns all rights to the Font Software, and any unauthorized use constitutes infringement.

  8. LIMITED WARRANTY & LIABILITY: FAC3Type warrants that the Font Software will reproduce the typeface design in accordance with industry standards. To make a warranty claim, you must notify FAC3Type in writing within the Warranty Period. FAC3Type’s liability is limited to re-delivering the Font Software. There are no other warranties regarding performance or results, and FAC3Type will not be liable for any indirect or consequential damages.

  9. TERMINATION: Failure to comply with this Agreement allows FAC3Type to terminate it. Upon termination, you must destroy all copies of the Font Software. The Agreement can only be modified in writing signed by an authorized FAC3Type representative.

  10. ADDITIONAL TERMS: You agree to FAC3Type's standard Terms and Conditions, which include provisions regarding governing law, jurisdiction, and export restrictions. In case of conflict between these Terms and the Agreement, the Agreement will prevail.

  11. DEFINITIONS: Account: Your account at a FAC3Type-affiliated website through which you purchased the Font Software; Commercial Electronic Document: An electronic document distributed as a commercial product; Derivative Work: Any work based on or derived from the Font Software; Electronic Document: A digital file created using the Font Software; Font Software: Software that generates typeface designs and related files; Licensed Desktop User: Individuals authorized to use the Font Software as indicated in your Account; Server: Any server under your control or operated by a third party on your behalf; Trademarks: All trademarks associated with the Font Software as listed on FAC3Type’s website.

By accepting this Agreement, you agree to comply with all terms and conditions herein.