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Font Licenses

 
 
Desktop Font Package Licence

This is a licensing agreement between Formist and you, the Authorised User: ie, the initial purchaser whose name and address details appear on the invoice for the Font Package, which is comprised of the font and the software that produces that font, including bitmaps or similar graphics created by the software.

Duration and Limit
The duration of the licence is ongoing and, except as set out below, is limited to the number of devices identified on your invoice. That means that the Font Package may only be installed or used on the number of devices identified. In addition, the licence is revocable, non-exclusive and non-transferable.

Authorised Formats
This licence is for print and digital use only. It allows you to install the Font Package on your devices and use it to create and print documents, including paper publications such as newspapers, magazines, books, print advertising, printed signage, newsletters and annual reports. Embedding the font in digital documents such as pdfs is also permitted, provided the font is subset and cannot be edited or extracted in any way (see “Creating documents for distribution” below).
    This licence also allows you to create static images, including logos and logotypes, that may be used for print, on the web, or be embedded in apps, digital documents and publications.
    It does not allow you to use the Font Package to format text for online rendering or to use CSS-based font linking (such as the @font-face rule), or any form of font linking for online use. It also does not allow you to embed, include, call or link the Font package within hardware and software in any form including video games, server-side applications, mobile apps and kiosks. Embedded logos or static images created using the Font Package are, however, permitted.
    If you would like to use Formist fonts in apps or online, separate Web Font and App Font licences are available. A Test Font licence is also available.

Who can use the Font Package?
The Font Package may only be used in the Authorised Formats by you, the Authorised User, and commercial printers and/or service bureaus producing copies of printed material on your behalf (“Authorised Third Parties”).

Rights and obligations
The Authorised User may:
  • View and interact with the Font Package
  • Copy the Font Package to back up or install it on computers and other devices, provided that the Limit is not exceeded at any one time; and
  • Use the Font Package to create documents to be distributed or otherwise made available in the Authorised Formats.

The Authorised User must:
  • Keep the Font Package (including any authorised back-up copy) secure
  • Take reasonable steps to protect the copyright in the Font Package from being infringed by unauthorised third parties; and
  • Ensure that Authorised Third Parties using the Font Package delete all copies of the Font Package after each print order for the Authorised User.

Creating documents for distribution
If creating a document or text to be distributed or used other than by the Authorised User and an Authorised Third Party, the Authorised User must:
  • Only embed the font into digital documents such as pdf
  • Ensure all elements of the Font Package are subset
  • Ensure the document text cannot be edited; and
  • Take reasonable steps to ensure people reading the document cannot extract or otherwise use the embedded font. The distribution of rasterised images of the font in the Font Package is permitted only if a few of the characters in the Font Package are made available. Distributing rasterised images that make available all or substantially all of the characters in the Font Package is not permitted.

What you can’t do
Except as provided above, this licence does not authorise the Authorised User or any third party to:
  • Modify or alter the Font Package in any way; any modifications made will remain the exclusive property of Formist
  • Share the Font Package with – or make it available to – any third party (including any contractor, freelancer or affiliated company or organisation)
  • On-sell the Font Package, or any modified version of the Font Package, to third parties
  • Use the Font Package in any format other than the Authorised Formats; and
  • Use the Font Package to create “alphabet” products (including, without limitation, house numbers, stamps, adhesive lettering and alphabet blocks, punches, stamps and die sets).

Further terms and conditions
  • This licence terminates and all rights to use the Font Package cease if you breach this licence.
  • This licence constitutes the entire terms and conditions relating to the Font Package and its use, and supersedes any other agreement, representation or licence.
  • Formist may from time to time amend the terms of this licence (“the Terms”) by providing the Authorised User with a copy of the amended Terms; if Formist notifies the Authorised User of amended Terms, continued use of the Font Package signifies the Authorised User’s acceptance of the Terms as amended.
  • If any provision of this licence is held to be unenforceable, the rest of this licence will, to the maximum extent permissible, remain in full force and effect.
  • The construction, validity and performance of this licence are governed by the laws of New South Wales and the Authorised User unconditionally submits to the jurisdiction of the courts of New South Wales.
  • Except as expressly stated in this licence (and to the maximum extent permitted by law), all implied terms and all conditions, warranties, statements, assurances and representations in relation to the Font Package or arising from this licence are expressly excluded.
  • If any of the exclusions or limitations set out in this licence are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by this licence, then, to the maximum extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of the Font Package or the supply of an equivalent Font Package.
  • Formist – including its agents, employees or contractors – will not be liable for any direct or indirect or consequential loss, even if it is aware of the possibility of such loss or if such loss was otherwise foreseeable (including, but not limited to, loss of profits, production, data, opportunity or goodwill and/or business interruption) however caused and on any theory of liability including, without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of Formist’s performance or non-performance under this licence.
  • To the maximum extent permitted by law, Formist’s maximum cumulative liability under this licence will not exceed an amount greater than the price paid by the Authorised User for the Font Package.



Web Font Package Licence

This is a licensing agreement between Formist and you, the Authorised User: ie, the initial purchaser whose name and address details appear on the invoice for the Web Font Package, which is comprised of the font and the software that produces that font, including bitmaps or similar graphics created by the software.
    The licence is for using the fonts provided in the Web Font Package for styling text via the CSS @font-face rule on a specified Website, the Domain of which also appears on the invoice. For the licence to be valid (and to remain valid), the Authorised User must also own the Domain and control the content of the licensed Website.

Definitions
The following definitions apply:
  • The “Web Font Package” includes type face font software that has been created or specially modified for styling or viewing text on an Internet website.
  • The “Domain” is the host name of the home page of the Website. It may be comprised of one unique second-level domain name (for example, as in “mysite” of http://www.mysite.com), multiple top-level domains (as in .com, .org, .net), and multiple sub-domains (such as blog.mysite.com, shop.mysite.com or info.mysite.com).
  • A “Website” is defined as a collection of related web pages with a single domain. The website may be viewed with a web browser and/or via a web-based mobile app as long as the Web Fonts are not embedded in or otherwise included with the app.

Duration and Limit
The duration of the licence is ongoing and grants the Authorised User worldwide usage. It is, however, limited to the specified licensed Website. In addition, the licence is revocable, non-exclusive and non-transferable.

Page view limitations
A page view is a request to load any single HTML page of the licensed Website. The average monthly number of page views allowed under the licence, measured over a period of at least three consecutive months, will be shown on your invoice. If the number of page views exceeds that amount, you must contact Formist to purchase a licence upgrade.

Authorised Formats
This licence is only for using the fonts provided in the Web Font Package for styling text via the CSS @font-face rule on the Website specified on your invoice. You must use the WOFF (“.woff”, “.woff2”, Web Open Font Format) and EOT (“.eot”, Embedded OpenType) Web Font files provided by Formist in the Web Font Package. Converting the files to any alternative format is expressly prohibited.
    The viewing and printing of pages of the Website is allowed. However, using the fonts provided in the Web Font Package to allow remote users or other third parties to edit text to create customised products or new documents (such as personalised greeting cards or resumes) is expressly prohibited.
    If you would like to use Formist fonts in apps or to create and print documents or static images, separate App Font and Desktop Font licences are available. A Test Font licence is also available.

Who can use the Font Package?
The Font Package may only be used in the Authorised Formats by you, the Authorised User, on the specified Website. In the event of a Domain change, you may transfer the rights to use the Web Font Package to a different Domain owned by you and the content of which you control. To do so, you must notify Formist (in writing) of the transfer. Further, you must immediately delete the fonts provided from the server on the previously licensed domain. Transferring the rights to a third party is prohibited.

Rights and obligations
The Authorised User may:
  • View and interact with the Web Font Package
  • Make one copy of the Web Font Package for backup purposes only; and
  • Use the Web Font Package for styling text using the CSS @font-face rule on the Domain specified on your invoice.

The Authorised User must:
  • Keep the Web Font Package (including any authorised back-up copy) secure; and
  • Take reasonable steps to protect the copyright in the Web Font Package from being infringed by unauthorised third parties. “Hotlinking” or allowing the direct download of any fonts provided in the Web Font Package is strictly prohibited.

What you can’t do
Except as provided above, this licence does not authorise the Authorised User or any third party to:
  • Modify or alter the Web Font Package in any way; any modifications made will remain the exclusive property of Formist
  • Share the Web Font Package with – or make it available to – any third party (including any contractor, freelancer or affiliated company or organisation); for clarity, the hosting or serving of fonts from the Web Font Package by any third-party service, such as “TypeKit”, is prohibited
  • On-sell the Web Font Package, or any modified version of the Web Font Package, to third parties
  • Use the Web Font Package in any format other than the Authorised Format. Using the Web Font Package on a desktop, laptop or workstation computer, or embedding the fonts in software, hardware, digital documents, apps, applications and devices, is expressly prohibited.

Further terms and conditions
  • This licence terminates and all rights to use the Web Font Package cease if you breach this licence.
  • This licence constitutes the entire terms and conditions relating to the Web Font Package and its use, and supersedes any other agreement, representation or licence.
  • Formist may from time to time amend the terms of this licence (“the Terms”) by providing the Authorised User with a copy of the amended Terms; if Formist notifies the Authorised User of amended Terms, continued use of the Web Font Package signifies the Authorised User’s acceptance of the Terms as amended.
  • If any provision of this licence is held to be unenforceable, the rest of this licence will, to the maximum extent permissible, remain in full force and effect.
  • The construction, validity and performance of this licence are governed by the laws of New South Wales and the Authorised User unconditionally submits to the jurisdiction of the courts of New South Wales.
  • Except as expressly stated in this licence (and to the maximum extent permitted by law), all implied terms and all conditions, warranties, statements, assurances and representations in relation to the Web Font Package or arising from this licence are expressly excluded.
  • If any of the exclusions or limitations set out in this licence are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by this licence, then, to the maximum extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of the Web Font Package or the supply of an equivalent Web Font Package.
  • Formist – including its agents, employees or contractors – will not be liable for any direct or indirect or consequential loss, even if it is aware of the possibility of such loss or if such loss was otherwise foreseeable (including, but not limited to, loss of profits, production, data, opportunity or goodwill and/or business interruption) however caused and on any theory of liability including, without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of Formist’s performance or non-performance under this licence.
  • To the maximum extent permitted by law, Formist’s maximum cumulative liability under this licence will not exceed an amount greater than the price paid by the Authorised User for the Web Font Package.



App Font Package Licence

This is a licensing agreement between Formist and you, the Authorised User: ie, the initial purchaser whose name and address details appear on the invoice for the App Font Package, which is comprised of the font and the software that produces that font, including bitmaps or similar graphics created by the software.
    The licence is for embedding the fonts provided in the App Font Package into an Application or piece of software for styling, viewing or editing text. For the licence to be valid (and to remain valid), the Authorised User must also own the Application and control its content.

Definitions
The following definitions apply:
  • The “App Font Package” includes type face font software that has been created or specially modified for embedding within an Application for styling, viewing or editing text.
  • The “Application” or “App” is application software designed to run and function on operating systems including desktop operating systems (such as MacOS and Windows), mobile device operating systems (such as iOS and Android) and video game systems (such as Xbox or PlayStation). Web Apps are also included. A single App Font Package licence covers Apps that are functionally equivalent across multiple operating systems.

Duration and Limit
The duration of the licence is ongoing and grants the Authorised User worldwide usage. There are no download or distribution limits in this licence. It is, however, limited to the specified Application. In addition, the licence is revocable, non-exclusive and non-transferable.

Authorised Formats
The fonts in the App Font Package may be embedded in the App specified on your invoice. Only the files provided by Formist may be used. The use of alternate formats is expressly prohibited.
    You may use the fonts in the App Font Package for styling, viewing or editing text in your App. However, using the fonts provided in the App Font Package to allow users or other third parties to edit text to create customised products or new documents (such as personalised greeting cards or resumes) is expressly prohibited.
    You may also use the fonts to display content you own on a third-party application or platform provided you are able to ensure the third party does not cause you to breach the terms of this Agreement. Any breach of this agreement by a third party will be deemed a breach by the Authorised User.
    If you would like to use Formist fonts to style text on a website or to create and print documents or static images, separate Web Font and Desktop Font licences are available. A Test Font licence is also available.

Who can use the Font Package?
The App Font Package may only be used in the Authorised Formats by you, the Authorised User, on the specified App. Transferring the rights to a different App or a third party is prohibited.

Rights and obligations
The Authorised User may:
  • View and interact with the App Font Package
  • Make one copy of the App Font Package for backup purposes only; and
  • Use the App Font Package to embed the fonts provided into an Application or piece of software for styling, viewing or editing text.

The Authorised User must:
  • Keep the App Font Package (including any authorised back-up copy) secure; and
  • Take reasonable steps to protect the copyright in the App Font Package from being infringed by unauthorised third parties.

What you can’t do
Except as provided above, this licence does not authorise the Authorised User or any third party to:
  • Modify or alter the App Font Package in any way; any modifications made will remain the exclusive property of Formist
  • Share the App Font Package with – or make it available to – any third party (including any contractor, freelancer or affiliated company or organisation
  • On-sell the App Font Package, or any modified version of the App Font Package, to third parties
  • Use the App Font Package in any format other than the Authorised Format. Using the App Font Package on a desktop, laptop or workstation computer, or for styling text via the CSS @font-face rule on a website, is expressly prohibited.

Further terms and conditions
  • This licence terminates and all rights to use the App Font Package cease if you breach this licence.
  • This licence constitutes the entire terms and conditions relating to the App Font Package and its use, and supersedes any other agreement, representation or licence.
  • Formist may from time to time amend the terms of this licence (“the Terms”) by providing the Authorised User with a copy of the amended Terms; if Formist notifies the Authorised User of amended Terms, continued use of the App Font Package signifies the Authorised User’s acceptance of the Terms as amended.
  • If any provision of this licence is held to be unenforceable, the rest of this licence will, to the maximum extent permissible, remain in full force and effect.
  • The construction, validity and performance of this licence are governed by the laws of New South Wales and the Authorised User unconditionally submits to the jurisdiction of the courts of New South Wales.
  • Except as expressly stated in this licence (and to the maximum extent permitted by law), all implied terms and all conditions, warranties, statements, assurances and representations in relation to the App Font Package or arising from this licence are expressly excluded.
  • If any of the exclusions or limitations set out in this licence are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by this licence, then, to the maximum extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of the App Font Package or the supply of an equivalent App Font Package.
  • Formist – including its agents, employees or contractors – will not be liable for any direct or indirect or consequential loss, even if it is aware of the possibility of such loss or if such loss was otherwise foreseeable (including, but not limited to, loss of profits, production, data, opportunity or goodwill and/or business interruption) however caused and on any theory of liability including, without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of Formist’s performance or non-performance under this licence.
  • To the maximum extent permitted by law, Formist’s maximum cumulative liability under this licence will not exceed an amount greater than the price paid by the Authorised User for the App Font Package.



Test Font Package Licence

This is a licensing agreement between Formist and you, the Test User: ie, any person (representing an individual or an organisation) who downloads and uses any Formist Test Font Package, which is comprised of the font and the software that produces that font, including bitmaps or similar graphics created by the software. The agreement grants a limited right to use the Test Font Package for evaluation and testing purposes only.

Duration and Limit
You may use the Test Font Package only for as long as is required to evaluate the fonts in order to decide whether you will purchase a full licence. To reach that decision, you may install the Test Font Package on as many devices as you require. However, should you decide not to purchase a full licence, the Test Font Package must be deleted from each device.
    The licence is revocable, non-exclusive and non-transferable. In addition, by entering into this Agreement, you acknowledge Formist retains full ownership of the Test Font Package, and all intellectual property rights, including copyright.

Authorised Formats
This licence is for test use and evaluation purposes only. It allows you to install the Test Font Package on your devices and use it to create test visualisations for evaluation (including for presentation within your organisation but not to third parties) only.
    You must not use the Test Font Package for any commercial purpose. If you would like to use Formist fonts for commercial purposes, you must purchase a separate licence. Desktop Font, Web Font and App Font licences are available.

Who can use the Font Package?
The Test Font Package may only be used in the Authorised Formats by you, the Test User.

Rights and obligations
The Authorised User may:
  • View and interact with the Test Font Package
  • Install it on computers and other devices; and
  • Use the Test Font Package to create test visualisations.

The Authorised User must:
  • Keep the Test Font Package secure
  • Take reasonable steps to protect the copyright in the Test Font Package from being infringed by unauthorised third parties; and
  • Ensure that all installed copies of the Test Font Package are deleted at the conclusion of the licensing agreement.

What you can’t do
Except as provided above, this licence does not authorise the Test User or any third party to:
  • Modify or alter the Test Font Package in any way; any modifications made will remain the exclusive property of Formist
  • Share the Test Font Package with – or make it available to – any third party (including any contractor, freelancer or affiliated company or organisation)
  • On-sell the Test Font Package, or any modified version of the Test Font Package, to third parties
  • Use the Test Font Package in any format other than the Authorised Formats.

Further terms and conditions
  • This licence terminates and all rights to use the Test Font Package cease if you breach this licence.
  • This licence constitutes the entire terms and conditions relating to the Test Font Package and its use, and supersedes any other agreement, representation or licence.
  • Formist may from time to time amend the terms of this licence (“the Terms”) by providing the Test User with a copy of the amended Terms; if Formist notifies the Test User of amended Terms, continued use of the Test Font Package signifies the Test User’s acceptance of the Terms as amended.
  • If any provision of this licence is held to be unenforceable, the rest of this licence will, to the maximum extent permissible, remain in full force and effect.
  • The construction, validity and performance of this licence are governed by the laws of New South Wales and the Test User unconditionally submits to the jurisdiction of the courts of New South Wales.
  • Except as expressly stated in this licence (and to the maximum extent permitted by law), all implied terms and all conditions, warranties, statements, assurances and representations in relation to the Test Font Package or arising from this licence are expressly excluded.
  • Formist – including its agents, employees or contractors – will not be liable for any direct or indirect or consequential loss, even if it is aware of the possibility of such loss or if such loss was otherwise foreseeable (including, but not limited to, loss of profits, production, data, opportunity or goodwill and/or business interruption) however caused and on any theory of liability including, without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of Formist’s performance or non-performance under this licence.



Who is Formist?
Formist is Mark Gowing Studio Pty Ltd, ABN 93 084 639 583, of 15 Lord St Newtown, New South Wales Australia 2042, trading as Formist.

Contact Formist
If you would like to use the Test Font Package other than as set out in this licence, please contact us at hello@formist.co. We are happy to discuss your licensing needs.