End user license agreement
By downloading, installing and/or embedding font software ("font") offered by Nymark Type, you ("licensee") agree to be bound by the following terms and conditions of this End User Licensing Agreement (“EULA”).
Nymark Type grants licensee a perpetual, worldwide, non-exclusive and non-transferrable license to:
- Use the font to create and distribute graphics, logos, and artwork for display on any surface including computer screens, television screens, paper, physical products, or any other surface. The created graphics may be a fixed size (e.g. JPG, PNG, etc.) or a static vector (e.g. SVG, EPS, etc. made with a “create outlines” tool).
- Embed or link the font in accordance with the rules described in the section “Requirements and restrictions” of this license.
- To link the webfont to websites using the @font-face selector in CSS files.
- Embed the licensed font into an unlimited number of copies and subsequent versions of the application(s) (“app” or “apps”).
- Port the app to any other platform or console (iOS, Windows, Android, Linux, Playstation, Xbox, etc.).
- Subset or convert the font format to improve the font’s performance in the app.
- Embed the font into an unlimited number of copies, format types, and subsequent versions of e-books.
- Modify or convert the font to improve the font's appearance or performance in an e-book.
Requirements and restrictions
Licensee agrees to abide by the following requirements and restrictions:
- Licensee may not use the font to create alphabet or letterform products for resale where the product consists of individual letterforms, including rubber stamps, die-cut products, stencil products, or adhesive sticker alphabet products where the likeness of the font can be reproduced and the end-user of said products can create their own typesetting. An extended license may be available for an additional fee. Licensee may create typographic products using the font if the product consists of commonly recognized words or phrases, for example, a rubber stamp that has the words “Great!” or a sticker that says “Thank you.”
- The font may be simultaneously used by no more than the number of users specified in the size license. A “user” is a single person or single machine, at the discretion of the licensee. All users must belong to the same company or household purchasing the font except for temporary use by third parties as described in section “Provision to third parties” of this license. The font may be installed on a server for the purpose of deploying to licensed users with all user restrictions listed above still applying.
- Documents embedding the font and sent to third parties, must be read-only by those recipients. Documents embedding the font and created for in-house use or sent to third parties working on behalf of the licensee as described in section “Provision to third parties” may be editable.
- Licensee must use the webfont provided. Licensee may not link to the full, CFF OpenType or TrueType font designed for desktop installation.
- Licensee must include the entire commented header in the provided CSS file.
- The total traffic of the website(s), measured in pageviews per month, may be no greater than the number of pageviews specified in the license.
- Licensee may only install the webfont on websites that it owns or controls.
- The maximum number of distinct apps into which the font may be embedded cannot exceed the number specified in the license. Platform-specific versions with the same name and functionality may be counted together as a single app.
- Licensee may not redistribute the font with the app’s source code.
- Licensee may not install the font in the operating system the app runs on.
- Licensee may not embed the font in an app that enables an end user to create custom typesetting with the font (e.g. Photoshop Express for iOS, etc.).
- Licensee may embed the font in reports that the app saves or exports, provided that the reports are not sold for profit.
- Licensee may only embed the font into apps that it owns or controls.
- The maximum number of separate and distinct e-books into which the font may be embedded cannot exceed the number specified in the license.
- When the licensee uses the font provided under this EULA, and the font file is distributed as part of an e-book, the font must be embedded within an archive file format that obscures the original data using compression, encryption, or obfuscation. Valid archive formats for the that meet these criteria include, but are not limited to, PDF, EPUB 2.01, EPUB 3, and KF8.
- The font must take the form of a non-executable file that is interpreted by e-reading software or e-reading devices.
- The font may not be installed in the operating system on which the e-book runs.
Provision to third parties
Licensee may temporarily provide the font to a producer, publisher or other agent who is working on behalf of the licensee. The third party designer, developer, agent, or independent contractor must agree according to the terms of this license, and retain no copies of the font upon completion of the work.
Licensee may not modify the font files, or create derivative fonts based on the font without prior written consent from Nymark Type EXCEPT THAT licensee may generate files necessary for embedding or linking in accordance with this EULA.
The font is protected by copyright law. Nymark Type is the sole, exclusive owner of all intellectual property rights, including rights under copyright and trademark law. Licensee agrees not to use the font in any manner that infringes the intellectual property rights or violates the terms of this license. Licensee will be held legally responsible for any infringements caused by failure to abide by the terms of this license.
This license is effective until terminated. If licensee fails to comply with any term of this license, Nymark Type may terminate the license with 30 days notice. This license will terminate automatically 30 days after the issuance of such notice.
The fonts are provided “as is.” Nymark Type makes no warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose.
Nymark Type shall not be liable for any direct, indirect, consequential, or incidental damages (including damages from loss of business profits, business interruption, loss of business information, and the like) arising out of the use of or inability to use the product even if Nymark Type has been advised of the possibility of such damages.
This license shall be governed by and construed under and in accordance with the laws of Sweden.