Commercial License – End User License Agreement
This Commercial License – End User License Agreement 'EULA' is a legally binding contract between 'You' – The Customer and Carmel Type Co., LLC – 'Carmel Type Co.’. By purchasing a License and downloading Font software from Carmel Type Co., You agree that You have fully read, understood and agreed to the terms and conditions of this EULA. If You do not agree to the terms and conditions of this EULA, You are not authorized to purchase a Commercial License or download and use any Font software from Carmel Type Co.. You are purchasing a License for usage only, not ownership of the Font software.
Carmel Type Co. trusts You respect us and our practice of typographic design. Carmel Type Co. believes You will respect our vision of empowering the whole industry with affordable typography and will order the correct License. Regardless, Carmel Type Co. manually inspects all orders received on a daily basis. If we believe You have purchased the incorrect License we reserve the right to contact You to confirm the correct use of the Font software.
Commercial License Definition
If your intension is to use the Font software to create media to represent yourself, an event, place, product, brand, company, another person or is linked in any way to financial or material gains, then you are required to order a Commercial License. You are granted permission to use the Font software to create media such as (for example, but not limited to): advertising, artwork, books, clothing designs, business cards, flags, logos, magazines, signage, packaging, posters or other printed designs.
Treat as Confidential
You agree to treat the Font software as confidential information. You are not permitted to copy, reproduce, transfer, sell, license, lend, file share, lease, sub-license or distribute any Font software downloaded from Carmel Type Co.. You agree not to edit, modify, reformat, translate, hack or otherwise discover the Font working files. You agree not to alter the copyright notices as contained in the Font software code. Any manipulation, violation of use, or Font pirating activity may result in legal action and prosecution. You agree to not recreate or base your own Font on Carmel Type Co. Font software character designs.
Grant of License, Installation and Number of Users
By purchasing a Commercial License You are granted permission to use the supplied Font software according to the terms and conditions of this EULA. Upon adding Fonts to your cart and completing the checkout process, Carmel Type Co. supplies You a non-exclusive and non-transferable license to use the Font software on the number of workstations as determined by the number of Licenses You have selected at the cart page of the checkout process. One (1) license permits You to install the licensed Font software on one (1) workstation owned by a single person or company/organization at one (1) single geographical location. Font software is not permitted to be shared via any form of network or server. If You require a License for more than one (1) workstation then add the corresponding number of licenses to your cart. Discounts are offered when licensing for 20+ users; please contact us to make arrangements.
Format and Software
Font software is supplied in the following formats: .OTF or .TTF. You are not permitted to convert the format of the Font software or edit the working file of the Software.
You may make one copy of the Font software for back-up purposes only. We request that you store this in a secure location on an offline hard drive or disc.
Third Parties/ Service Bureau/Printer Use
You are not permitted to use and/or share a single Commercial License and the Font software between users or third parties. To license for multiple users, each user must have their own Commercial License purchased. This includes Companies, Organizations or Individuals who manage clients' work, such as (but not limited to) design studios, freelance workers, web hosting providers, online media websites and social networks.
If necessary, with Carmel Type Co.s’ permission you are permitted to supply Font software to a printer or a service company for printing or manufacturing/printing of physical material. You acknowledge to ensure the Font software is not retained by the third party after your service is complete. If the third party is required to make changes they must purchase their own license to do so. For your own safety we suggest converting all text to outlines before supplying files to third parties.
Exclusively Desktop Font Software
When licensing a Commercial License, the Font software supplied via digital download are exclusively for use in desktop applications such as Adobe Illustrator, Photoshop, InDesign, Microsoft Office or other desktop application/program only.
Font software from Carmel Type Co. can be used to print any number of units as long as it is produced within the allowances of this EULA. We have no limits on the total number of copies or size of print. You are permitted to use Font software on websites via flattened static images only. (JPEG, PNG, etc.)
The Font software must not be used in any other way, for any form of digital interface such as (but not limited to) e-books, mobile phones, personal computers, electronic kiosks, gaming consoles, television interfaces, mobile applications, websites (as dynamic/selectable text), mobile applications or any other screen-based interface.
Under no circumstances can the Font software be used in cartoons, movies, feature films, television shows, special broadcasts and documentaries. Please contact us to permit these uses.
Goods for Sale
The creation of physical products or items for sale or distribution that are essentially letterforms from Font software is prohibited. Prohibited products include but are not limited to: stamps, stencils, temporary tattoos, alphabet stickers, alphabet toys, educational alphabet products, house numbers or alphabet letters. Laser or water jet-cut letters, glass or wall decals, or wall art are also prohibited. License extensions are available to permit these banned uses. Please email us – firstname.lastname@example.org.
Use on the Internet
Commercial License Font software is not permitted to be used on the Internet as dynamic/selectable text. The only way You may use the Font software online is via static images such as .jpg and .png file types.
Mobile Applications, Video Games, e-Books, Software and Hardware
The use of Font software licensed from Carmel Type Co. excludes the use in mobile applications, video games, e-books, software, devices and all other electronic programs, applications and interfaces. You may not embed or include Font software in products such as applications for iOS (Apple), Android, Mobile Windows, video games or computer-based software or hardware. Rasterized images of logos are permitted when a Commercial License is purchased. License extensions are available to permit these banned uses. Please email us at email@example.com.
Broadcasting, Television, Movies and Documentaries
The Commercial License permits the use of Font software in television advertisements. Usage in movies, feature films, television shows, special broadcasts and documentaries is not permitted. License extensions are available to permit these banned uses. Please email us at firstname.lastname@example.org.
You are not permitted to supply the Font software as a font option when users of your website or kiosk are designing a document, image, product or web page.
The use of Font software in blasphemous material, pornographic material, criminally deceptive ways, dishonest ways, anti-gay material, racist material, illegal industries of any kind, or malicious or hate activity is not permitted.
Warranty and Refunds
Carmel Type Co. warrants that the Font software will function correctly for a 30-day time period after downloading Font software. If the Font software does not function correctly, You must contact Carmel Type Co. within 30 days of purchase to arrange replacement of software. Due to the nature of digital Font software, Carmel Type Co. does not offer refunds or store credit for change of mind.
Ownership and Editing Software
Font software for License on Carmel Type Co. is the exclusive property of its respective Designer. The Font Software is not sold to You. Carmel Type Co. provides You the ability to purchase a non-exclusive License, which permits You to use Font software according to the EULA. The Font software remains property of its respective Designer always. Only Carmel Type Co. is permitted to edit or modify the Font software. You are not permitted to copy, redesign or modify any Font software from Carmel Type Co. and distribute to third parties or use yourself. You agree that the construction, organization and design of the characters within the Font software are the exclusive property of each Font’s respective Designer, as listed on each Font product page. You acknowledge that all Font software is internationally protected under the Digital Millennium Copyright Act, Trademark Laws and Copyright Laws.
Guarantee and Responsibility
Carmel Type Co. cannot guarantee the performance or results You may achieve by using any Font software licensed from Carmel Type Co.. In no event under any circumstances can Carmel Type Co. or the Designer of any Font software be held responsible for any indirect, direct, incidental, special, punitive, or consequential damages in any form, including lost profits, lost money, lost material assets, failure of business performance or business interruption. Carmel Type Co. holds no responsibility for the manner in which Customers use Font software licensed from Carmel Type Co.. Carmel Type Co. does not guarantee that the use of the Font software will be unobstructed, uninterrupted or error-free. Carmel Type Co. cannot guarantee that Font software is without construction errors, blemishes, mistakes or any fault of any kind.
In no event can Carmel Type Co. or any employee, contractor, owner or Designer be held responsible for construction errors, blemishes, mistakes or any fault of any kind in Font software. In no event can Carmel Type Co. or any employee, contractor, owner or Designer be held responsible for personal injury or property damage of any possible nature resulting from the use of Font software or www.carmeltype.co.
Carmel Type Co. and its owners are not responsible if any Font software or the content of Font software or images on www.yourCarmel Type Co..com break copyright laws. The respective Designer agrees this is his or her own original work and he or she accepts total responsibility for their Font software and images. If You believe Font software from www.carmeltype.co is breaking copyright laws, contact Carmel Type Co. for assistance at ‘email@example.com.
Violation and Termination
Violation of the terms of this EULA will instantly cause your License to be discontinued and legal action may be taken against You in a court of law to cover any damages. In the event of termination, You must delete the Font software and assure no copies of the Font software are in your possession or in use.
Carmel Type Co. reserves the right to terminate your License at any time if You violate any of the terms of this EULA.
Venue and Choice of Law
Carmel Type Co. office is located in the United States and this EULA will be governed and construed exclusively by the Laws of the United States. You agree to the exclusive jurisdiction of the United States courts when using this website and any Font software licensed from Carmel Type Co..
Changes to EULA
As Carmel Type Co. operates in a changing technological and regulatory environment, Carmel Type Co. reserve the right to adjust the EULA at any time. Changes will be effective instantly upon posting of the amended EULA on www.carmeltype.co. You are responsible for ensuring You have read the latest EULA. Your use of www.carmeltype.co and Font software represents that You agree to the EULA as amended.
No Previous EULA or Other Agreements
This EULA is the complete agreement between You and Carmel Type Co.. It overrides any prior EULA and any other communications relating to the subject matter of Agreement and Font licensing. No other versions of this EULA or other agreements stating different terms can be enforceable against Carmel Type Co. in the absence of a written amendment and consent from Carmel Type Co., including a written waiver of the affected terms of this Agreement. If any term(s) of this EULA is declared by a court of law to be incorrect or unenforceable, the remaining terms of this EULA will still have full merit. Carmel Type Co. will modify the incorrect term(s) to meet the requirements of the law to enable the desired intent of the incorrect term(s).
You: The Customer. This represents You, the Individual representing themselves or a Company or Organization that is purchasing a Commercial License with the intention of downloading, installing and using Font software. You/The Customer must agree to all terms and conditions of the EULA.
Carmel Type Co.: This represents Carmel Type Co., LLC/www.carmeltype.co. Carmel Type Co. as itself or any person(s) acting on behalf of Carmel Type Co.. An online store that hosts Font software for Designers so they can be licensed, downloaded and installed by You.
Font software: A group of electronic data files containing a set of glyphs, characters, informational or symbols in various formats that are licensed from Carmel Type Co.. Formats of Software include but are not limited to .OTF and .TTF.
Designer/Designers: The Individual, Individuals or Company supplying Carmel Type Co. Font software. In some cases Carmel Type Co. may produce the Font software on the Designer’s behalf with their permission to be Licensed from Carmel Type Co..
Commercial License: The Commercial License permits the strict manner in which You may use Font software from Carmel Type Co.. You License the use of the Font software according to the terms and conditions set in the EULA. You must pick the correct License to suit your specific requirements for the Font software.
EULA/End User License Agreement: The Agreement that You must read, understand and agree to in order to purchase a License for Font software. The EULA enforces the limitations and permitted uses of Font software. The EULA is a legally binding contract between You and Carmel Type Co..
NOTE: THE NUMBERINGS OF THE VARIOUS SECTIONS ARE FOR CONVENIENCE ONLY AND SHALL NOT AFFECT OR CONTROL THE INTERPRETATION AND ENFORCEMENT OF THIS EULA. ANY ERRORS IN SPELLING OR GRAMMAR MAY NOT BE USED AGAINST Carmel Type Co. IN AN EVENT OF Carmel Type Co. OR A DESIGNER DEFENDING THEMSELVES IN A COURT OF LAW. Carmel Type Co. OR THE CONTRACTOR RESERVES THE RIGHT TO CORRECT SPELLING AND GRAMMAR ERRORS AT ANY POINT IN TIME IN ANY SITUATION IF THERE IS CONFLICT. THE SUPPLIED GLOSSARY IS FOR REFERENCE ONLY AND Carmel Type Co. RESERVES THE RIGHT TO EXPLAIN AND ADJUST ANY MISINTERPRETATION OF TERMS OR INCORRECT TERMS GIVEN IN THIS EULA.
COPYRIGHT © 2016 Carmel Type Co., LLC. REGISTERED IN THE UNITED STATES.
Illustrator, Photoshop and InDesign are registered trademark of Adobe Systems, Inc., Microsoft Office is a registered trademark of Microsoft Corporation, Apple Safari is a registered trademark of Apple Inc., Google Chrome is a registered trademark of Google Inc. and Mozilla Firefox is a registered trademark of Mozilla Foundation/Mozilla Corporation.
Last updated: April 20th, 2016