The Font Software will be transmitted for your use in Applications or Apps using the iOS, Windows Mobile, and Android mobile operating system formats. Commercial reserves the right to include or omit additional formats and to amend the existing software, at its discretion.
We will provide the fonts in the most appropriate format for use on all common mobile operating systems. The supplied format may change as mobile OSes evolve.
This non-exclusive, revocable license grants you limited rights to use the Commercial Font Software to style live text only in applications built to run natively on mobile operating systems including but not limited to iOS, Android, and Windows Mobile.
You can embed the actual font software in your mobile apps. Under this license, fonts are may not be used in things that are not mobile apps, such as on websites, in server-based PDF generation, embedded in electronic devices, or on merchandise.
You shall make a reasonable attempt to prevent the creation of and/or distribute forms or other files that transmits or otherwise provides a copy of the Software to any third party. If such use is required, an additional license must be purchased. In addition, you agree to use reasonable measures to prevent the access to the Font Software, in the App, by unlicensed parties.
You agree to take reasonable steps to keep the fonts in the app and not transmit them to others.
The use of the Font Software for use in web accessible forms is permitted if a Webfont license is also purchased. However, any other editable use of the Software, such as in templates or for use in the creation of customizable designs or products requires the purchase of a separate license.
This license covers app use. If you want to use the fonts on the web, please get a web license instead or in addition to this license. If your app is a method for creating customized physical products, you may need to upgrade your license to cover this use. Please contact us at info[at]commercialtype.com for more information.
The creation of any derivative designs based upon or of the Font Software itself is expressly prohibited. Any derivative work created which use, incorporate or is otherwise based upon the design of the Fonts or otherwise incorporates any of the Font Software, including, but not limited to, other software, EPS files, unlicensed apps or other works, are considered derivative works and any derivative work shall be the sole and exclusive property of Commercial and shall be subject to the terms and conditions of this License. Derivative works, if any and whether permitted or not, may not be sublicensed, sold, leased, rented, lent, or given away without the express written permission of Commercial. Commercial shall not be responsible or liable for the suitability for use or accuracy of any derivative works not created and/or supplied by Commercial.
You may not modify the fonts without written permission from us. If we do give you permission to modify the fonts, we cannot give technical support for the modified files.
The License granted herein is specific to you and the Apps names identified in Exhibit A and may not, absent the express written permission of Commercial, be transferred, loaned, sold or assigned. All rights not expressly identified and granted herein are expressly reserved to Commercial.
You may not transfer the license to another party without written permission.
The Commercial Software is protected under domestic and international trademark and copyright law. You may, but are not required, to identify Commercial Type as the owner in any design or production credits.
You don't have to give us credit in your app, but it would be appreciated!
Any breach of the terms of this Agreement shall be cause for immediate termination without the obligation of notice or opportunity to cure. In the event of termination, Commercial shall be entitled to seek any and all remedies, under law or equity, including injunctive relief, without the obligation of bond or other limitations. You agree to immediately discontinue using and certify that no copies remain in your possession or control.
If your license is terminated, you must immediately stop distributing the fonts embedded in apps to new end users. You are not required to recall the app from all existing end users, but any subsequent upgrades of your app must not include the fonts.
COMMERCIAL TYPE MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. THE FONT SOFTWARE WAS NOT MANUFACTURED FOR USE IN MANUFACTURING CONTROL DEVICES OR NAVIGATION DEVICES OR IN CIRCUMSTANCES THAT COULD RESULT IN ENVIRONMENTAL DAMAGE OR PERSONAL INJURY OR DEATH. COMMERCIAL TYPE DOES NOT REPRESENT OR WARRANT THAT THE FONT SOFTWARE WILL BE OPERABLE IF CURRENT TRANSMISSION, WIRELESS, OPERATING SYSTEMS AND INTEROPERABILITY STANDARDS CHANGE. WITHOUT LIMITING THE FOREGOING, COMMERCIAL TYPE SHALL IN NO EVENT BE LIABLE TO THE LICENSED USER, ITS INTERNET OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, ARISING OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE. UNDER NO CIRCUMSTANCES SHALL COMMERCIAL TYPE’S LIABILITY EXCEED THE REPLACEMENT COST OF THE SOFTWARE OR THE COMMERCIAL TYPE SOFTWARE LICENSE FEE FOR THE TERM THEN IN EFFECT. The terms of this Agreement are contractual in nature.
We warrant that the fonts will perform as promised in the documentation, and will provide technical support within a reasonable timeframe, to the best of our ability. In the event of a refund, we cannot refund more than the purchase price for the license, and all copies of the fonts in your possession must be destroyed.
The Commercial Type Font Software End User License Agreement is subject to the law of the State of New York as they relate to contracts entered into and wholly performed therein and without regard to its conflict of laws principles or the conflict of laws principles of any other jurisdiction. You expressly consent to the personal jurisdiction of the state and federal courts of New York for the resolution of any disputes arising out of or related to this Agreement and you consent and agree to service of process by Certified Mail, return receipt requested and expressly agree to waive any defenses or objections arising by reason of the jurisdiction and forum selected by Commercial type for the resolution of any dispute. By downloading, accessing and or installing the Font Software, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this License Agreement.
Again, please read this document carefully, because you agree to its terms by downloading the font software. Our main office is in New York City, so this agreement is governed by the laws of New York State.
©2016 Schwartzco, Inc. d/b/a Commercial Type. All Rights Reserved
