Font Licensing Agreement.

The following is my standard commercial font licensing agreement. Contact me to discuss options and pricing for commercial uses. 

License Agreement - Fonts (Desktop)

Commercial Use:

Physical and Digital End Products

• Unlimited Physical End Products and Digital End Products

• Embedded Use in websites, electronic books/publications, applications, or video games is prohibited

• Any resale/sublicense of the Licensed Asset in source file form or otherwise competitive with the Licensed Asset is prohibited.

 

Advertisements and Promotion: Unlimited Physical (Printed) Advertisements. Use with personal and business social media accounts is permitted

 

Broadcast Content: No limit on lifetime viewers

Embedded Use: All Embedded Use is Prohibited. “Embedding” means the font file is included in the electronic document, app, or other file, as opposed to a static graphic (raster or bit-mapped) representation.

 

This Desktop License allows only for use of “static” rasterized (bit-map) form of the licensed font.

 

PARTIES TO THE LICENSE AGREEMENT; NUMBER OF USERS (OR SEATS)

This License Agreement is an agreement between:

The “Licensee” who is the individual person indicated as the licensee during the purchase process and Travis Miller Design as licensor.

 

If you are purchasing on behalf of your employer, then only your employer is the “Licensee” and can use the Licensed Asset subject to the terms of this License Agreement; in that case you represent and warrant that you have full legal authority to bind your employer, as the Licensee, to the terms of this License Agreement.

 

The number of individual users permitted to access and use the Licensed Asset (as permitted in this Licensee Agreement) is the number of users (or seats) selected and paid for at the time of purchase. If Licensee requires additional users (or seats), additional licenses to the Licensed Asset must be purchased.

 

ASSET MANAGEMENT

Licensee may only upload the Licensed Asset to (i) a server owned and controlled by Licensee or (ii) a cloud storage service, cloud-based design app, or digital asset manager, account controlled by Licensee, in each case for use of the Licensed Asset by Licensee only, as permitted herein.

 

DESIGN CREDIT

Licensee agrees to credit the copyright owner and creator of the font, in the following manner, (Font Name) © Travis Miller – www.travismiller.graphics, wherever and whenever design production or any other credits are shown.

 

THIS LICENSE AGREEMENT PERMITS BOTH COMMERCIAL USE AND NON-COMMERCIAL USE; COMMERCIAL USE AND NON-COMMERCIAL USE DEFINED

This License Agreement permits Non-commercial use and Commercial use of the Licensed Asset, as expressly specified in the next section (Permitted Uses and Quantity/Impression Limitations).

 

Commercial Use

“Commercial” use is any use: (i) that involves an exchange of money or other consideration, (ii) that promotes a business (e.g., sole proprietorship, corporation, or partnership), product, or service, or (iii) where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee’s use of the Licensed Asset. If any one or more of the criteria in (i), (ii), and (iii) is met, then the use is deemed “Commercial”.

 

Non-Commercial Use (Personal)

“Non-commercial” use is a use for solely personal purposes; any use that meets the definition of “Commercial use” can not be a Non-commercial use.

 

PERMITTED USES AND QUANTITY/IMPRESSION LIMITATIONS

An “End Use” of a Licensed Asset means use of the Licensed Asset only as expressly permitted below:

 

End Products

  Physical Products for Commercial Use or Non-commercial Use: Licensee may create physical end products such as, but not limited to, clothing, cards, invitations, stickers, mugs, stamps, candles, posters, signs, home decor, etc. for Commercial use or Non-commercial use provided that one or more individual characters of the Licensed Asset is not used as a distinct item (for example, Licensee may not use individual characters of the Licensed Asset font to create stickers or stamps where each sticker or stamp consists primarily of a separate character of the Licensed Asset, however Licensee may use multiple characters of the Licensed Asset in a single distinct item, such as a stamp or sticker that says “Welcome” using the characters of the Licensed Asset). Use of the Licensed Asset solely in a non-embedded, static, rasterized (bitmap) form is permitted with printable technologies to produce physical products only if the Licensed Asset is not installed on the printable technology device (e.g., 3D printer).

 

  Product Packaging for Commercial Use of Non-commercial Use: Licensee may create physical or digital end packaging products used for resale or wholesale such as, but not limited to, boxes, labels, stickers, or containers, etc., for Commercial use or Non-commercial use.

 

  Digital Products for Commercial Use or Non-Commercial Use: Licensee may create digital end products solely in a non-embedded, static, rasterized (bitmap) form for resale such as static designs, static website elements for Commercial use or Non-commercial use, provided that one or more individual characters of the Licensed Asset may not used as a distinct item (for example, Licensee may not use individual characters of the Licensed Asset font to create digital stickers or embroidery machine templates where each sticker or template consists primarily of a separate character of the Licensed Asset, however Licensee may use multiple characters of the Licensed Asset in a single distinct item, such as a digital stamp or embroidery template that says “Welcome” using the characters of the Licensed Asset).

 

  Digital or Print Publication for Commercial Use or Non-commercial Use: Licensee may use the Licensed Asset solely in a non-embedded, static, rasterized (bitmap) form in digital or print publications such as magazines, cards, invitations, photo albums, scrap books, or e-books for Commercial use or Non-commercial use.

 

No Quantity Limitations on End Products for Commercial Use: There are no quantity limitations on the above permitted uses.

 

Social Media, Marketing, and Advertisements

  Personal Social Media for Non-Commercial Use: If applicable (e.g., for an individual) personal or individual social media accounts for Non-commercial use.

 

  Company Social Media for Commercial Use: If applicable (e.g., to a business), Licensee owned and managed company social media account is allowed for Commercial use.

 

  Physical (Printed) Advertisements for Commercial Use: Such as billboards, signage, printed advertisement, etc. for Commercial use in Local markets, National markets, and Global markets. “Local” market means that all display or distribution of these permitted advertisements must be within a 200 mile radius within the borders of a single nation/country. “National” market means any distribution or display of advertisements beyond a 200 mile radius within a single nation/country. “Global” market means any distribution of display of advertisements in more than one nation/country.

 

  Digital Advertisements for Commercial Use: Internet advertisements such as advertisements served by Google Ads, Bings Ads, Facebook Ads, Linkedin Ads, etc. for Commercial use.

 

No Quantity Limitations on Promotion and Advertisements: No limit on the number of impressions of social media posts or advertisements incorporating the Licensed Asset for Commercial use or Non-commercial use (where Non-commercial use is applicable).

 

Broadcast and Streaming of Motion Picture and Audiovisual Content

  Broadcast and Streaming: Broadcast and streaming via any method of dissemination, in particular via network, cable, internet, satellite, pay-per-view, video on demand or Streaming of motion picture and audio visual works, including advertisements, is permitted for Commercial use and Non-commercial use.

 

No Quantity Limitations on Broadcast and Streaming: No limit on the lifetime viewers for Commercial use or Non-commercial use.

 

Digital Development

  Website Software Development, Mobile App Development, Desktop Application Development, and Video Game Development for Commercial use or Non-commercial use: Licensee may use the Licensed Asset solely in a non-embedded, static, rasterized (bitmap) form in an unlimited number of mobile or desktop applications, websites, or video games for Commercial use or Non-commercial use.

 

PROHIBITED USES UNDER THIS LICENSE AGREEMENT

End Products

  This License Agreement expressly prohibits all “embedding” in End Products. As stated above, “Embedding” a font means to include the font software Licensed Asset in a file (app, website, e-book, etc.) to be used by the person receiving or accessing the file, as opposed to a static rasterized (or bit-mapped) image of the font characters. For example, this License Agreement prohibits embedding a font file from the Licensed Asset in a website’s code or in an e-book. However, embedding static, rasterized (or bit-mapped) images (of the font character) created by the Licensed Asset is not considered embedding the font Licensed Asset (and is permitted if otherwise allowed by this License Agreement. 

 

  On-Demand Applications (Such as Print-on-Demand and Create-on-Demand Services). Any use that allows anyone other than the Licensee, such as an end user, to customize a digital or physical end product using the Licensed Asset is prohibited, whether for Commercial use or Non-commercial use. This includes, but is not limited to, “print on demand”, “made to order”, or “download on demand” application. For clarity the Licensee may use the Licensed Asset with a print or design on demand service to create a completed end product.

 

Digital Development

  Embedding in Website Software Development, Mobile App Development, Desktop Application Development, and Video Game Development is prohibited for Commercial use or Non-commercial use.

 

Trademark and Copyright

  Trademark: Licensed Asset may not be used as part of a trademark, service mark, design mark, trade-name, or similar use unless the Licensed Asset is not the predominant element of the End Use. In no event does this License Agreement allow Licensee to — and Licensee shall not seek to — register, protect, or enforce any trademark or similar rights in the Licensed Asset itself which must be disclaimed in any trademark registration.

 

  Copyright: Licensee may not claim the Licensed Asset (or a modification thereof) as its own copyrighted work (the original Licensed Asset must be disclaimed in any copyright registration).

 

Future Technologies

  The license is limited to the expressly permitted uses stated in this License Agreement: future-existing technologies and uses are expressly reserved and not included within the scope of the license.

 

 

STRICTLY PROHIBITED USES

Nothing in this License Agreement grants Licensee any of the following rights, all of which rights are expressly retained:

 

  Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.

 

  Resale or Sub-Licensing of the Licensed Asset or any modification of it in a way that is directly competitive with the original Licensed Asset is strictly prohibited (e.g., as a stock asset or template).

 

  Modifications, amendments and any other changes to the Licensed Asset are expressly prohibited.

 

  Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute Licensed Asset as a standalone file (meaning just the content file itself, separate from the project or end use that is expressly permitted) is strictly prohibited.

 

  Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code or instructions of the Licensed Asset is prohibited except to the extent applicable law allows reverse engineering or decompiling the Licensed Asset only to the extent that sufficient information is not available for the purpose of creating an interoperable software program.

 

  Use the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, is strictly prohibited, including, without limitation, any use of the Licensed Asset that:

1. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;

2. may create a risk of any other loss or damage to any person or property;

3. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

4. may constitute or contribute to a crime or tort;

5. contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;

6. contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);

7. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

8. contains any information or content that you know is not correct and current; or

9. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

 

  Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.

 

  Any other use that is not expressly permitted in Permitted Uses and Quantity/Impression Limitations is strictly prohibited.

 

SUBLICENSING TO THIRD PARTIES IS PROHIBITED WITH LIMITED EXCEPTIONS FOR CLIENTS AND SERVICE PROVIDERS (Third party use requires the third party to obtain its own license unless a custom license is purchased)

Third Party Use Requires Separate License.

This License Agreement does not permit sublicensing except for the limited rights to sublicense described below.

 

Limited Sublicensing Is Permitted.

Licensee may sublicense Licensee’s rights to third parties in only three situations:

 

to manufacture, market, or distribute completed End Uses (defined above) that use the Licensed Asset (as expressly permitted herein) when done on behalf of Licensee, provided that the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any other way and Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance. For example, Licensee may use distributors to manufacture or distribute physical products for resale or product packaging; similarly, Licensee may use third party providers, such as website publishers to display completed digital advertisements;

 

to a service provider serving as Licensee’s subcontractor to provide services to Licensee provided that (i) Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance and (ii) Licensee has purchased a sufficient number of seats for the Licensed Asset Licensee (e.g., each individual person requires a license as stated above); and

 

to a client of Licensee where Licensee transfers to that client a completed End Use (defined above, such as a completed advertisement, product, or product packaging) (as expressly allowed herein). In this instance, the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any way other than is necessary in order to exploit the End Use that Licensee provides to the client. Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance.

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