Font licence agreement (EULA)

Draft for review. This agreement is not yet in force and will change before launch. Bracketed items are open decisions.

1. Who this agreement is between

This End User Licence Agreement ("Agreement") is between Encore Software, LLC, 384 Bel Marin Keys Blvd., Suite 150, Novato, California 94949, USA ("Encore", "we", "us"), [and its affiliate Summitsoft Corporation — confirm entity name and whether it licenses in its own name], and the person or legal entity that buys, downloads, installs or uses the Font Software ("you").

By downloading, installing or using the Font Software you accept this Agreement. If you are accepting on behalf of a company or other organisation, you confirm you have authority to bind it, and "you" means that organisation.

2. Definitions

• Font Software: the font files (for example .otf, .ttf, .woff, .woff2) we supply, including their outlines, hints, glyphs, metadata, embedded bitmaps, and any updates or accompanying documentation.
• Licence Tier: the licence you bought, shown on your order confirmation and licence certificate: Personal, Maker, Extended, or a separately signed Brand, Enterprise or OEM Licence.
• Computer: a single physical or virtual device on which the Font Software is installed.
• User: a single named individual who uses the Font Software.
• End Product: a static item you create that shows text set in the Font Software, where the Font Software itself is not included or cannot be extracted. Examples: a printed card, a flattened image, a PDF with subsetted and non-editable fonts, a physical product or a video.
• Brand Use: any use of the Font Software, or of lettering derived from it, in or as a logo, logotype, wordmark, brand mark, trade dress or trademark (registered, pending or unregistered). It also covers applying the font as the defining typeface of an organisation's corporate identity across its website, signage, stationery, packaging and official documents.
• Print-on-Demand (POD): offering designs through a third-party platform (for example Etsy print partners, Redbubble, Zazzle, Amazon Merch, Printful) that prints each item on order.
• Bundled Fonts: Font Software supplied inside, or as a content pack for, an Encore software product such as The Print Shop, PrintMaster, Calendar Creator or Creative Fonts.

3. Ownership

The Font Software is licensed, not sold. Encore [or the named third-party foundry — see note N2] owns all rights, title and interest in the Font Software, including copyright in the font software and trademark rights in font names. This Agreement gives you only the rights expressly stated in it.

4. Licence grant by tier

Each tier includes everything in the tiers above it in this table, except where this Agreement says otherwise. The licence is perpetual unless it ends under Section 11, and it is non-exclusive and non-transferable except as Section 9 allows.

4.1 Personal. You may install the Font Software on one Computer and use it to create End Products for your own non-commercial use, and gifts. Nothing made with a Personal licence may be sold or used to promote a business or organisation.

4.2 Maker. In addition to Personal use, you may create and distribute End Products for commercial purposes within the limits in the table. The Maker tier is intended for individuals and small businesses making products and marketing materials. It does not permit Brand Use.

4.3 Extended. In addition to Maker use, you may use the Font Software without unit limits, on POD platforms, and embedded in the number of apps or games shown, provided the Font Software is embedded in a form end users cannot extract, install or use to set new text. It does not permit Brand Use.

4.4 Free trial. A free trial download may be used only for personal, non-commercial evaluation and mock-ups. It gives no right to publish or sell anything made with it.

4.5 Subscription (All-Access). If you hold a subscription, the Font Software you download is licensed at the tier your plan names, for one User. End Products you completed and published while the subscription was active stay licensed after it ends. You may not start new End Products after it ends, and you must uninstall the Font Software. A subscription never includes Brand Use, and it may not be used to license a team or an organisation.

5. Brand, Enterprise and OEM licences (by written agreement only)

The following need a separate written licence agreement with Encore, priced according to scope, term, territory and volume:

(a) Brand Use, including use in a logo or brand mark you intend to register as a trademark, and use across your corporate identity: website, social media, video, business cards, brochures, signage, promotional items and official documents; (b) use by more Users or Computers than the tier allows, or across an organisation; (c) embedding in more apps than permitted, in server-side or online "customiser" products that let third parties set text, in hardware, or in software you distribute (OEM); (d) any use the tier does not expressly permit.

No purchase at a Personal, Maker or Extended tier, and no subscription, grants any right of Brand Use. Brand Use without a Brand Licence is a breach of this Agreement, and Encore may require a retroactive licence fee covering the period of unlicensed use in addition to its other remedies. Contact [[email protected] — confirm address].

6. Bundled Fonts

Bundled Fonts are licensed for use within the Encore software product they came with, to create End Products under that product's own licence terms, which are personal and small-business projects unless that product's licence says otherwise. Owning a copy of The Print Shop, PrintMaster, Creative Fonts or another Encore product does not grant Brand Use of any Bundled Font, and does not allow installing the Bundled Fonts on Computers beyond those the product licence allows. To use a Bundled Font beyond that, buy the matching tier or a Brand Licence.

7. What you may not do

You may not, and may not allow anyone else to:

(a) sell, sublicense, rent, lend, share, distribute or make the Font Software available to anyone else, including in a shared drive, repository, template or download, except as Section 4.3 allows for embedding; (b) modify, adapt, translate, convert, reverse-engineer, decompile or create derivative fonts from the Font Software. You may convert letterforms to outlines or artwork within an End Product. Modifying those outlines for Brand Use is still Brand Use; (c) rename the Font Software or remove or change copyright, trademark or licence notices in it; (d) use the Font Software, or End Products made with it, to train, fine-tune, build or evaluate a machine-learning or generative model that produces fonts, lettering or glyph designs [confirm policy]; (e) embed the Font Software in documents in a form that lets recipients edit text, beyond the embedding its embedding flags permit; (f) use the Font Software to create products whose main value is the font itself: for example alphabet sticker sheets, letter stencils, cutting files of the full alphabet, or "font" packs for crafting machines, unless you hold the Extended tier [decide: allow at Extended, or quote only].

8. Your obligations

Keep your licence certificate or order confirmation as proof of licence. On reasonable written notice, and no more than once a year, a business licensee will confirm in writing its number of Users, Computers and uses. Where under-licensing is found, you will buy the missing licences at the current list price.

9. Transfer

You may transfer a Personal, Maker or Extended licence once, together with all copies of the Font Software, to another person or entity who accepts this Agreement. You must notify us, and you then keep no copies. A business may reassign a seat from one employee to another. A subscription cannot be transferred.

10. Warranty and limitation of liability

For 30 days from purchase, we warrant that the Font Software will install and function on supported operating systems. If it does not, your sole remedy is a replacement or a refund. Otherwise the Font Software is provided "as is". To the extent the law allows, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Our total liability under this Agreement is limited to the amount you paid for the licence. We are not liable for indirect, incidental, special or consequential damages. Some jurisdictions do not allow these limits, so they apply only as far as the law permits.

11. Termination

This Agreement ends automatically if you breach it. On termination you must stop using the Font Software, delete all copies, and stop distributing End Products created in breach. End Products lawfully created and distributed before termination under a paid licence remain licensed.

12. General

• Governing law: the laws of the State of California, USA, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Courts in Marin County, California have exclusive jurisdiction [confirm; consider arbitration for consumers].
• Export: you will comply with applicable export laws.
• Entire agreement: this Agreement and your order confirmation are the entire agreement for the tier bought. A signed Brand, Enterprise or OEM agreement overrides this Agreement where they conflict.
• Consumers: nothing in this Agreement limits rights you have as a consumer under the law of your country.
• Contact: Encore Software, LLC, 384 Bel Marin Keys Blvd., Suite 150, Novato, CA 94949, USA · (800) 395-0277 · [licensing email].