This End User License Agreement (hereinafter referred to as the “EULA”, “Agreement”, “License” or “License Agreement”) is a legally binding contract between you and Iuliia Gonina EF, doing business as “Schrifteria Foundry” or “Schrifteria” (hereinafter referred to as “Licensor”). The Agreement governs the terms of use of the Font Software and the design of the fonts embodied therein (collectively referred to as the “Font Software”), as well as any media, printed materials, electronic documentation, updates, add-ons, artwork, web services, and any other materials that may be associated with the product now or in the future.

By accepting this Agreement, purchasing, accessing, downloading, installing, or using the Font Software, you acknowledge that you have read and agree to be bound by the terms of this Agreement. If you do not wish to enter into this Agreement, do not purchase, access, download, install, or use the Font Software. The Agreement becomes effective when you (i) click on the “Accept License Agreement” area, (ii) receive the Font Software via email or any other way, (iii) or open the compressed file containing the Font Software.

Binding Agreement. By entering into this Agreement, you acknowledge and agree to be bound by all of the terms and conditions contained herein. You further acknowledge that your use of the Font Software provided by Licensor shall be governed by this Agreement and its provisions.

Permitted Derivative Works. Under this agreement, you are granted the right to use the Font Software in a production workflow or software tool that outputs an outline representation of the glyphs, as well as to utilize a software tool to create a subset of the Font Software for the sole purpose of exercising the rights granted in this agreement. However, you are not permitted to modify the Font Software or create derivative works except as expressly provided in this section. The Licensor retains ownership of any subsets created under the terms of this agreement.

Restrictions. You are not permitted to:

• transfer your license rights in the Font Software except as explicitly provided in this Agreement. You may transfer all of your rights to use the Font Software to another individual or legal entity, provided that (i) the transferee accepts and agrees to be bound by all the terms and conditions of this Agreement, (ii) you destroy all copies of the Font Software, including any copies stored in the memory of a hardware device, and (iii) the transfer does not alter the intent or scope of the rights granted under this Agreement.
• rent, lease, sublicense, give, lend, or distribute the Font Software, or any copies thereof, except as expressly permitted under the terms of this Agreement.
• modify the Font Software in any manner, including creating any Derivative Works from the Font Software or any portion thereof (except as otherwise specifically permitted under this Agreement). If the Font Software includes embedding bits that limit the authorized use of the Font Software, you are not permitted to change or alter such embedding bits.
• incorporate the Font Software into any open source software in a manner that would cause the Font Software to be classified as “Publicly Available Software” or to be subject to any “Publicly Available Software” agreement.

Intellectual and Industrial Property Rights. You acknowledge that the Font Software is subject to the copyright law and other intellectual and industrial property rights of Sweden as well as the copyright law and other intellectual and industrial property rights of other nations and international treaties.

By accepting this agreement, you acknowledge and agree that the Licensor holds all rights, title, and interest in the Font Software, including all related files and code, and all intellectual and industrial property rights, such as copyrights, design rights, and trademarks.

You acknowledge that the Font Software, including its structure, organization, code, and related files, is the valuable property of the Licensor. You also agree that any use of the Font Software that is not specifically authorized by this Agreement constitutes an infringement of intellectual and industrial property rights. This includes any intentional or negligent use of the Font Software.

The Font Software and all related rights, including unpublished rights, are protected under the copyright laws of Sweden and other jurisdictions. These rights are reserved and may not be used or exploited without the proper authorization.

Limited Warranty, Limitation of Liability. The Licensor guarantees that the Font Software will accurately reproduce the underlying typeface design and meet industry standards in terms of quality. In order to make a claim under this warranty, you must notify the Licensor in writing within the specified warranty period. This notification can be made through email to info@schrifteria.xyz and must include details about your licensing of the Font Software. The Licensor will use reasonable efforts to correct any issues with the Font Software’s ability to accurately reproduce the underlying typeface design and meet industry standards as soon as possible. This is the sole and exclusive remedy available for any warranty claims. THE LICENSOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE FONT SOFTWARE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE LICENSOR SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR THE LICENSOR’S BREACH OF WARRANTY. IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY CLAIMS AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination. This Agreement shall be in effect for the duration specified in your Transaction document, such as an invoice or email (referred to as the “Term”). Upon the expiration of the Term, this Agreement will automatically renew for additional terms of equal length unless either party provides written notice of termination to the other party before the end of the current term. If you or your licensed desktop user do not follow the terms of this agreement, the licensor has the right to end this agreement through regular mail, paid carrier, or email. Upon ending the agreement, you must destroy all copies of the font software. Even if the agreement is terminated, the licensor can still file a lawsuit for any damages caused by breaking the agreement. The agreement can only be changed in writing with the signature of an authorized officer of the licensor.

Terms and Conditions. You have entered into a separate agreement with the Licensor that includes their standard terms and conditions of business, which contain provisions regarding the governing law and jurisdiction, export restrictions, and Sweden government contracts. If there is a conflict between Licensor’s standard terms and conditions of business and this Agreement, the provisions of this Agreement shall supersede and prevail over those of the standard terms and conditions.

Definitions.

“Application” refers to a standalone software product that is designed to run on iOS, Android, or Windows Phone platforms and meets the following criteria: (i) it is not integrated into any hardware; (ii) it is not a platform or operating system that can run other software programs; (iii) it is not considered “Publicly Available Software” or integrated into such software; and (iv) it is made available to “End Users” either directly or through a distributor.

“Commercial Electronic Document” refers to an electronic document that is made available to the general public or a specific subset thereof as a commercial product for a fee or other form of compensation, such as an e-book. It is worth noting that an electronic document created solely for internal use or distributed in the course of a business’ operations, such as an instruction manual for a product, is not considered a “Commercial Electronic Document” under this Agreement.

“Derivative Work” refers to any work, including but not limited to software or data, that is based on or derived from the Font Software (or any portion thereof) in any form, and that may be recast, transformed, or adapted, including but not limited to binary data in any format into which the Font Software may be converted.

“Digital Marketing Communication” refers to the use of electronic means, such as the internet, to disseminate promotional or marketing material. This may include, but is not limited to, email advertisements, banner ads, display ads on websites, ads in web and mobile applications.

“Editing” refers to the act of inputting any text that is displayed using the Font Software, including but not limited to the insertion of text into a form field.

“Electronic Document” means any electronic document or data file, including but not limited to .pdf manuals or e-books, created through the utilization of the Font Software.

“End User(s)” refers to any individual or entity that downloads an application to be used on a platform designed to run said application.

“Font Software” refers to software or instructions that, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. “Font Software” shall include all Subsets and bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. “Font Software” includes upgrades or updates (which may be provided to you by the Licensor at its sole discretion), related files, permitted modifications, permitted copies, and related documentation.

“Impression” refers to either (i) a response from an ad or email delivery system to a request from a web or mobile browser or other application, in which the Font Software or Subset(s) thereof is included, or (ii) an opened ad or e-mail in which the Font Software or Subset(s) thereof is delivered to the ad or e-mail client. The number of impressions must be recorded by a widely accepted or recognized performance tracking system.

“Licensed Desktop User” refers to any individual who is permitted to use the Font Software in accordance with the license grants provided in this Agreement, as indicated in the Account or transaction documentation, such as a quotation or invoice. These individuals must be employees of the licensee. The number of Licensed Desktop Users is determined by the total number of individuals who are authorized to potentially use the Font Software during the term of the agreement, regardless of whether and when actual use occurs (non-concurrent use).

“Page View” refers to a single request to load a specific web page of the Website. It should be noted that each visit or display of a web page counts as a Page View, regardless of whether the visit or display is unique. Page Views, also known as page impressions or page requests, must be tracked using a widely accepted or recognized performance tracking system.

“Publicly Available Software” means software that: (a) is derived from software that is distributed as free software, open source software (e.g., Linux) or under a similar licensing or distribution model; or (b) requires, as a condition of use, modification, or distribution, that the software or any software incorporated into, derived from, or distributed with the software: (i) be disclosed or distributed in source code form; (ii) be licensed for the purpose of creating derivative works; or (iii) be redistributable at no charge.

“Server” shall refer to any server that is either (a) maintained on your premises; (b) under your exclusive control; or (c) owned and controlled by a third party hosting service for your benefit, provided that you (i) have a written agreement governing the use and protection of the Font Software installed on such server, and (ii) shall remain responsible for any unauthorized access to and security of the Font Software on such Server.

“Subset” refers to a modification of the Font Software that consists of the removal of specific glyphs and/or characters from the original work.

“Term” refers to the duration specified in either the Account or the transaction documentation (e.g. quotation or invoice) during which the license will be effective.

The Font Software is being “Used” when an individual is able to provide input that is processed by the Font Software, regardless of where the Font Software is stored or installed. The Font Software is also being used when the software or instructions are executed.

“Web Based Customer Product” refers to any materials, excluding web pages on the Website, created using the Font Software and made available for distribution to the public or a specific subset of the public for a fee or other form of compensation.

“Website” refers to a single web domain (consisting of a group of web pages, media, or other digital assets hosted on one or more web servers, accessed through a shared Uniform Resource Identifier) that: (i) is owned or controlled by the user; (ii) incorporates or accesses the Font Software on its web pages; (iii) does not allow for the permanent installation of the Font Software on any printer or display by visitors to the website; and (iv) reasonably limits access to the Font Software from web pages or documents not originating from the aforementioned website.

“Workstation” refers to a hardware device that allows an individual to input commands to be executed by the Font Software or to utilize the Font Software, whether by keyboard or other means, irrespective of the location of the Font Software.

“Warranty Period” shall refer to the duration of the warranties provided by the Licensor in this Agreement. The Licensor’s standard Warranty Period is ninety (90) days from the date of delivery.