DESKTOP LICENSE

What is the Desktop License for?

The Desktop License is our most popular selling license. The license allows you to use our typefaces on your desktop applications like Photoshop, Illustrator, InDesign, Word and more. You should purchase a Desktop License if you intend to use our typefaces in logo designs, branding, publication design, t-shirt designs, rasterized images and more. For the full details of the Desktop License please read the EULA. 

Desktop License – End User License Agreement

Desktop License – End User License Agreement

This Desktop License – End User License Agreement ‘EULA’ is a legally binding contract between ‘You’ – The Customer and The Designers Foundry Ltd – ‘The Designers Foundry.’ By purchasing a License and downloading Font Software from The Designers Foundry, You agree that You have fully read, understood and agreed to the terms and conditions of this EULA. 

If You do not agree to all the terms and conditions of this EULA, You are not authorised to purchase a Desktop License, download and use any Font Software from The Designers Foundry. You are purchasing a non-exclusive License.

 

Desktop License Definition

The Desktop License grants You permission to use the Font Software to create visual content in desktop applications such as Adobe InDesign, Illustrator or Photoshop. Content such as (for example, but not limited to): graphic designs, branding, artwork, book covers, clothing designs, business cards, logos, magazines, signage, packaging, posters or other printed designs. You are permitted to use Font Software on websites via flattened static images only (JPEG, PNG, etc.). The Desktop License can be used to create content to represent yourself, an event, place, product, brand, company, or another person(s) in ways that will result in financial or material gains.

 

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 The Designers Foundry. Failure to comply with this will result in legal action against you.

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 will result in legal action and prosecution. You agree to not recreate or base your own Font on The Designers Foundry Font Software character designs.

 

Grant of License, Installation and Number of Users

Upon adding Fonts to your cart and completing the checkout process, The Designers Foundry supplies You a non-exclusive and non-transferable license to use the Font Software on the number of workstations determined by the number of Licenses You have selected. For example “Up to 2 computers” license permits You to install the licensed Font Software on up to 2 devices owned by a single person or company/organisation at one (1) geographical location. Font Software is not permitted to be shared between different companies, organisations, staff, work colleagues, friends, family, fellow students. Font Software is not permitted to be shared via any form of network or server unless requested. A license can only be owned and used by one identity. 

Percentage based discounts are offered when licensing for more users. When completing the “Licensee” information please state your name or the name of the client or project where the font will be used. 

 

Format and Software

Font Software is supplied in the following formats: .OTF. You are not permitted to convert the format of the Font Software or edit the working file of the Font Software. If you require the Font Software to be .TTF please purchase a license and request this via email.

 

Back-up Copies

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, on a disc or in a private and secure cloud storage facility.

 

Third Parties/ Service Bureau/Printer Use

You are not permitted to use and/or share Desktop Licenses and the Font Software between users or third parties. Each person/company who will use the Font Software must have a valid License in their name.

We suggest converting all text to outlines before supplying files to third parties for printing or production. If the third party is required to make changes, they must purchase their own license to do so.

 

Exclusively Desktop Font Software

When licensing a Desktop License, the Font Software supplied is exclusively for use in desktop applications such as Adobe Illustrator, Photoshop, InDesign or other desktop applications/programs for the use of the listed Licensee only. If in doubt please contact us.

 

Physical Goods

Use of our Font Software on physical products such as clothing, packaging or other products is permitted. Font Software from The Designers Foundry can be used to produce up to 250,000 physical units per licensee, following all other requirements of this EULA. Should you need to produce over 250,000 physical units please contact The Designers Foundry for a license extension.

The creation of physical products or items for sale or distribution that are essentially plain letterforms from the Font Software is prohibited. Prohibited products include but are not limited to: stamps, stencils, temporary tattoos, real tattoos, alphabet stickers, alphabet toys, educational alphabet products, house numbers, individual alphabet letters or any words/quotes made from any material at a 3D form. Laser or water jet-cut letters, glass or wall decals, and wall art are also prohibited. License extensions are available to permit these banned uses. Please email us – Hi@TheDesignersFoundry.com

 

Use on the Internet

Desktop 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, .png or .gif file types. You are not permitted to convert our Font Software to be used online. WebFont Licenses are available for the use of Font Software via @font-face.

 

Mobile Applications, Video Games, e-Books, Software and Hardware

The use of Desktop Licensed Font Software 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.

The Font Software must not be used in any form of digital interface or operating system such as (but not limited to) e-books, mobile phones, personal computers, electronic kiosks, gaming consoles, television interfaces, mobile applications, websites, or any other screen-based interface. License extensions are available to permit these banned uses. Please email us – Hi@TheDesignersFoundry.com 

 

Broadcasting, Television, Movies and Documentaries

The use of Font Software in cartoons, movies, feature films, television shows, special broadcasts, streaming service video content and documentaries is not permitted. Please contact us to purchase a Broadcasting / Gaming License extension. The Desktop License permits the usage of Font Software in video advertisements displayed online, network television or digital billboards.

 

Other Restricted Uses

You are not permitted to supply the Font Software as a font option when third parties of your website, application, kiosk or service are designing a document, image, product or web page. 

The use of Font Software in NFTs is not permitted without our approval. The use of Font Software in blasphemous material, illegal pornographic material, criminally deceptive material, dishonest material, anti-gay material, racist material or in any illegal industry of any kind / general malicious or hate activities is not permitted ever.

 

Warranty and Refunds

The Designers Foundry warrants that the Font Software will function correctly for a 45 day time period after downloading Font Software. If the Font Software does not function correctly, You must contact The Designers Foundry within 45 days of purchase to arrange replacement of the Software. All orders are final. Due to the nature of digital Font Software, The Designers Foundry does not offer refunds. This is a standard term for digital product retailers. No exceptions can be made as we have no way to know if the software is not still in your possession. 

 

Ownership and Editing Software

Font Software for License on The Designers Foundry is the exclusive property of The Designers Foundry and/or the Designer listed on each typeface product page or as per the embedded copyright information in the software. The Designers Foundry hosts the licensing and distribution on behalf of the Designers. The Font Software is not sold to You. The Designers Foundry provides You the ability to purchase a non-exclusive License, which permits You to use Font Software according to our EULA. The Font Software remains property of the respective Designer always. Only The Designers Foundry and the respective Designer are permitted to edit or modify the Font Software.

You are not permitted to copy, redesign or modify any Font Software from The Designers Foundry and distribute it to third parties or use it yourself. You agree that the construction, organisation and design of the characters within the Font Software are the exclusive property of each Font’s respective Designer. You acknowledge that all Font Software is internationally protected under the Digital Millennium Copyright Act, Trademark Laws, Copyright Laws and locally enforced laws.

 

Guarantee and Responsibility

The Designers Foundry cannot guarantee the performance or results You may achieve by using any Font Software licensed from The Designers Foundry. You agree you are using the Font Software at your own risk. In no event under any circumstances can The Designers Foundry 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, legal action against you, lost money, lost material assets, failure of business performance or business interruption. The Designers Foundry holds no responsibility for the manner in which Customers use Font Software licensed from The Designers Foundry. The Designers Foundry does not guarantee that the use of the Font Software will be unobstructed, uninterrupted or error-free. The Designers Foundry cannot guarantee that Font Software is without construction errors, blemishes, mistakes or any fault of any kind.

In no event can The Designers Foundry 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 The Designers Foundry 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 the Font Software. If you find an error with our fonts, please let us know and we will do our best to fix it for you as soon as we can.

 

Violation and Termination

Violation of the terms of this EULA will instantly cause your License to be terminated and legal action will be taken against You in a court of law to cover all 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.

The Designers Foundry reserves the right to terminate your License at any time if You violate any of the terms of this EULA.

 

Location, Venue and Choice of Law

The Designers Foundry office is located in New Zealand and this EULA will be governed and construed exclusively by the Laws of New Zealand. You agree to the exclusive jurisdiction of the New Zealand courts when using this website and any Font Software licensed from The Designers Foundry.

We are a New Zealand based company exporting software all around the world. New Zealand based customers must contact The Designers Foundry to purchase with GST and in NZD.

 

Indemnification  

Each party must indemnify and hold harmless the other, and their officers, directors, employees and agents, against any and all costs, expenses, liabilities, injuries, losses, damages, claims, demands and judgments that either party incurs as a consequence of either party’s breach of this Agreement.  This indemnification obligation survives termination of this Agreement.

 

Changes to the EULA

As The Designers Foundry operates in a changing technological environment, The Designers Foundry reserves the right to adjust the EULA at any time. Changes will be effective instantly upon posting of the amended EULA to our website. You are responsible for ensuring You have read the latest EULA at your time of licensing.

Your use of TheDesignersFoundry.com 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 The Designers Foundry. 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 The Designers Foundry in the absence of a written amendment and consent from The Designers Foundry, 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. You agree The Designers Foundry may modify the incorrect term(s) to meet the requirements of the law to enable the desired intent of the incorrect term(s).

 

Our Licenses

The Designers Foundry trusts You will respect our vision of empowering the whole industry with affordable typography and will order the correct License for the correct number of users. Regardless, The Designers Foundry does manually inspect 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.

 

Glossary:

You: The Customer. This represents You, the Individual representing themselves or a Company or Organization that is purchasing a License with the intention of downloading, installing and using Font Software. You/The Customer must agree to all terms and conditions of the EULA.

The Designers Foundry: This represents The Designers Foundry Ltd., TheDesignersFoundry.com, The Designers Foundry as itself or any person(s) acting on behalf of The Designers Foundry. The Designers Foundry is 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, information or symbols in various formats. Formats of Software include but are not limited to .OTF.

Designer/Designers: The Individual, Individuals or Company supplying The Designers Foundry Font Software. (In some cases The Designers Foundry may produce the Font Software on the Designer’s behalf with their permission to be Licensed on The Designers Foundry.)

Desktop License: The Desktop License is the strict End User License Agreement (EULA) in which You may use Font Software from The Designers Foundry. You License the use of the Font Software according to the terms and conditions set in the EULA.

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 The Designers Foundry.

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 THE DESIGNERS FOUNDRY. THE SUPPLIED GLOSSARY IS FOR REFERENCE ONLY AND THE DESIGNERS FOUNDRY RESERVES THE RIGHT TO EXPLAIN AND ADJUST ANY MISINTERPRETATION OF TERMS OR INCORRECT TERMS GIVEN IN THIS EULA.

ALL PRICES AND PAYMENTS ON THIS WEBSITE ARE IN USD. THE DESIGNERS FOUNDRY HAS NO CONTROL OVER CURRENCY CONVERSIONS OR YOUR BANK FEES WHEN PURCHASING FROM US. ALL TRANSACTIONS SHOULD SHOW ON YOUR STATEMENT AS 'TDFOUNDRY' or similar. COPYRIGHT © THE DESIGNERS FOUNDRY LTD. REGISTERED IN NEW ZEALAND. “The Designers Foundry” is trademarked.  

Illustrator, Photoshop and InDesign are registered trademarks of Adobe Systems, Inc., Microsoft Office is a registered trademark of Microsoft Corporation, Apple Safari, iOS are registered trademarks 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: 29 March 2022

 

WEBFONT LICENSE

What is the WebFont License for?

The Webfont License is for customers who wish to display the text on their website in one of our typefaces (via @FontFace CSS). The WebFont License includes WOFF, WOFF2 and EOT files.

The WebFont License is priced according to the monthly visitors your website will have per month. Please license the first option that exceeds your expected views. For example, if you expect 450,000 visitors a month, you will require the 500,000 visitors license since the license below is less than 450,000, therefore wouldn't cover all your visitors. If your visitors grow beyond the license purchased please contact us. WebFont Licenses are a one-time fee.

WebFont License – End User License Agreement

WebFont License – End User License Agreement

This WebFont License – End User License Agreement ‘EULA’ is a legally binding contract between ‘You’ – The Customer and The Designers Foundry Ltd – ‘The Designers Foundry.’ By purchasing a License and downloading Font Software from The Designers Foundry, 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 authorised to purchase a WebFont License, download and use any Font Software from The Designers Foundry. You are purchasing a non-exclusive License.

 

WebFont License Definition

Each WebFont license includes all the required Font Software to stylise the text on your website with the licensed font. The WebFont License permits the use of the Font Software on one web domain via CSS rule ‘@font-face’ only.

Each WebFont License permits the use of WebFont software on a single website domain according to the number of estimated visitors you expect on a monthly basis. If your visitor surpass the number of visitors your license permits, you must upgrade your license. You must own the domain and have full control over the content of the Website. Payment is a one-time fee unless your website grows beyond the number of licensed visitors, you must then purchase an additional license.

 

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 The Designers Foundry.

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 will result in legal action and prosecution.

You agree to not recreate or base your own Font on The Designers Foundry Font Software character designs.

You agree to ensure the WebFonts Software is only for for the purpose of styling text within Your website. You must make effort to prevent unlicensed third-party access to the WebFont Software.

 

Grant of License, Installation, Number of Users and visitors

Each license purchase permits You to install the licensed Font Software on one (1) website owned and exclusively managed by a single person or company/organisation at one (1) web domain. 

Font Software is not permitted to be shared across multiple websites via any form of network or server. You are not permitted to host the font on a third party service. Our licenses are non-exclusive and non-transferable. You are responsible for the installation of the Font Software on your website; we are unable to provide support for this.

The license fee relates to the number of visitors you expect your website to have in a monthly period. The default, base option allows for 25,000 visitors per month. If your require more you must adjust the license options to suit. The license does not expire and the number of visitors count resets on the first day of each month.

 

Format and Software

WebFont software is supplied in the following formats: EOT, WOFF and WOFF2. TTF on request post order payment.

 

Back-up Copies

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, on a disc, or in a private and secure cloud storage facility.

 

Multiple Websites/ Service Bureau/Clients

You are not permitted to share WebFont Licenses and the Font Software between multiple websites or third parties. To license for multiple websites you will need to place individual orders for each website and list each URL at the checkout. You may use the Font Software across subdomains of one single TLD/URL, your license visitor allowance is for all subdomains collectively, not each individually.

Each website that will use the Font Software must have a WebFont License purchased. This includes Companies, Organizations or Individuals who manage multiple clients or have multiple websites such as (but not limited to) design studios, freelance workers and web hosting providers, online media websites.

 

Exclusively WebFont Font Software

When licensing a WebFont License, the Font Software supplied is exclusively for use as a WebFont and cannot be converted for desktop use.

 

Physical Goods

Use of our WebFont Software for designing of any physical products such as business cards, clothing, or posters is not permitted, please see our Desktop License. The creation of physical products or items for sale or distribution that are essentially letterforms from Font Software is also prohibited. Further prohibited products include but are not limited to: stamps, stencils, temporary tattoos, real tattoos, alphabet stickers, alphabet toys, educational alphabet products, house numbers, alphabet letters or any words/quotes made from any material.

 

Mobile Applications, Video Games, e-Books, Software and Hardware

The use of the Font Software 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.

The Font Software must not be used in any form of digital interface or operating system such as (but not limited to) e-books, mobile phones, personal computers, electronic kiosks, gaming consoles, television interfaces, mobile applications, websites, or any other screen-based interface.

 

Broadcasting, Television, Movies and Documentaries

The use of Font Software in cartoons, movies, feature films, television shows, special broadcasts and documentaries is not permitted.

 

Web Advertising

Should you wish to use Font Software in Web Ads, such as those in HTML5, you will need a WebFont License. 1 visitor = 1 ad impression. You can decided how you'd like to distribute your WebFont License visiotrs between traditional website visitors and ad impressions, as long as you do not exceed the total number of your selected license scale for both uses. For example you may purchase a WebFont license for up to 25k visitors. 10k maybe used for web ads and 15k maybe used for your website. Your impression count should restart at the first of the month.

 

Other Restricted Uses

You are not permitted to supply the Font Software as a font option when third parties of your website, application or kiosk are designing a document, image, product or web page.

The use of Font Software in NFTs is not permitted without our approval. 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 ever.

 

Warranty and Refunds

The Designers Foundry warrants that the Font Software will function correctly for a 45 day time period after downloading Font Software. If the Font Software does not function correctly, You must contact The Designers Foundry within 45 days of purchase to arrange replacement of the Software. Due to the nature of digital Font Software, The Designers Foundry does not offer refunds.

 

Ownership and Editing Software

Font Software for License on The Designers Foundry is the exclusive property of The Designers Foundry and/or the Designer listed on each Font product page. The Designers Foundry hosts the licensing and distribution on behalf of the Designers. The Font Software is not sold to You. The Designers Foundry provides You the ability to purchase a non-exclusive License, which permits You to use Font Software according to our EULA. The Font Software remains property of the respective Designer always. Only The Designers Foundry and the respective Designer are permitted to edit or modify the Font Software.

You are not permitted to copy, redesign or modify any Font Software from The Designers Foundry and distribute it to third parties or use it yourself. You agree that the construction, organisation and design of the characters within the Font Software are the exclusive property of each Font’s respective Designer. You acknowledge that all Font Software is internationally protected under the Digital Millennium Copyright Act, Trademark Laws, Copyright Laws and locally enforced laws.

 

Guarantee and Responsibility

The Designers Foundry cannot guarantee the performance or results You may achieve by using any Font Software licensed from The Designers Foundry. You are using the Font Software at your own risk. In no event under any circumstances can The Designers Foundry 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. The Designers Foundry holds no responsibility for the manner in which Customers use Font Software licensed from The Designers Foundry. The Designers Foundry does not guarantee that the use of the Font Software will be unobstructed, uninterrupted or error-free. The Designers Foundry cannot guarantee that Font Software is without construction errors, blemishes, mistakes or any fault of any kind.

In no event can The Designers Foundry or any employee, contractor, owner or Designer be held responsible for construction errors, blemishes, mistakes or any fault of any kind in the Font Software. In no event can The Designers Foundry 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 the Font Software. We strive to create the best fonts possible. If you find an error with our fonts, please let us know and we will fix it for you as soon as we can.

The Designers Foundry and its owners are not responsible if any Font Software or the content of Font Software or images on The Designers Foundry break copyright laws. The Designer of the Font agrees it is their own original work and they accept total responsibility for their Font Software.

 

Violation and Termination

Violation of the terms of this EULA will instantly cause your License to be discontinued and legal action will 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.

The Designers Foundry reserves the right to terminate your License at any time if You violate any of the terms of this EULA.

 

Location, Venue and Choice of Law

The Designers Foundry office is located in New Zealand and this EULA will be governed and construed exclusively by the Laws of New Zealand. You agree to the exclusive jurisdiction of the New Zealand courts when using this website and any Font Software licensed from The Designers Foundry.

New Zealand based customers must contact The Designers Foundry to purchase with GST. 

 

Indemnification  

Each party must indemnify and hold harmless the other, and their officers, directors, employees and agents, against any and all costs, expenses, liabilities, injuries, losses, damages, claims, demands and judgments that either party incurs as a consequence of either party’s breach of this Agreement.  This indemnification obligation survives termination of this Agreement.

 

Changes to the EULA

As The Designers Foundry operates in a changing technological environment, The Designers Foundry reserves the right to adjust the EULA at any time. Changes will be effective instantly upon posting of the amended EULA. You are responsible for ensuring You have read the latest EULA at your time of licensing.

Your use of TheDesignersFoundry.com 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 The Designers Foundry. 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 The Designers Foundry in the absence of a written amendment and consent from The Designers Foundry, 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. You agree The Designers Foundry may modify the incorrect term(s) to meet the requirements of the law to enable the desired intent of the incorrect term(s).

 

Our Licenses

The Designers Foundry trusts You will respect our vision of empowering the whole industry with affordable typography and will order the correct License for the correct number of users. Regardless, The Designers Foundry does manually inspect 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.

 

Glossary:

You: The Customer. This represents You, the Individual representing themselves or a Company or Organisation that is purchasing a License or multiple Licenses with the intention of downloading, installing and using Font Software. You/The Customer must agree to all terms and conditions of the EULA.

The Designers Foundry: This represents The Designers Foundry Ltd., TheDesignersFoundry.com, The Designers Foundry as itself or any person(s) acting on behalf of The Designers Foundry. The Designers Foundry is 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, information or symbols in various formats. Formats of Software include but are not limited to .OTF.

Designer/Designers: The Individual, Individuals or Company supplying The Designers Foundry Font Software. (In some cases The Designers Foundry may produce the Font Software on the Designer’s behalf with their permission to be Licensed on The Designers Foundry.)

WebFont License: The WebFont License is the strict End User License Agreement (EULA) in which You may use Font Software from The Designers Foundry. You License the use of the Font Software according to the terms and conditions set in the EULA.

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 The Designers Foundry.

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 THE DESIGNERS FOUNDRY. THE SUPPLIED GLOSSARY IS FOR REFERENCE ONLY AND THE DESIGNERS FOUNDRY RESERVES THE RIGHT TO EXPLAIN AND ADJUST ANY MISINTERPRETATION OF TERMS OR INCORRECT TERMS GIVEN IN THIS EULA.

ALL PRICES AND PAYMENTS ON THIS WEBSITE ARE IN USD. THE DESIGNERS FOUNDRY HAS NO CONTROL OVER CURRENCY CONVERSIONS OR YOUR BANK FEES WHEN PURCHASING FROM US. ALL TRANSACTIONS SHOULD SHOW ON YOUR STATEMENT AS 'TDFOUNDRY' or similar. COPYRIGHT © THE DESIGNERS FOUNDRY LTD. REGISTERED IN NEW ZEALAND. “The Designers Foundry” is trademarked.  

Illustrator, Photoshop and InDesign are registered trademarks of Adobe Systems, Inc., Microsoft Office is a registered trademark of Microsoft Corporation, Apple Safari, iOS are registered trademarks 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: 29 March 2022

APP LICENSE

What is the App License for?

The App License for designers and developers building mobile applications for smart phones and wish to use one of our typefaces. The License also permits the use in Epubs. The software is .TTF, other formats can be requested after you place your order.

App / Epub License – End User License Agreement

App / Epub License – End User License Agreement

The App / Epub License – End User License Agreement ‘EULA’ is a legally binding contract between ‘You’ – The Customer and The Designers Foundry Ltd – ‘The Designers Foundry.’ By purchasing a License and downloading Font software from The Designers Foundry, 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 authorised to purchase an App / Epub License or download and use any Font software from The Designers Foundry. You are purchasing a non-exclusive License for usage only, not ownership of the Font software.

 

App / Epub License Definition

The default option for the App / Epub License permits the use of Font Software within one (1) mobile phone and tablet application or epub (electronic publication). There is no restriction to the number of mobile operating systems the application or publication can be made available on or number of downloads.

Each App / Epub License grants the use of the Font Software in one (1) Application / Electronic publication title only; sequels or updates of the initial App or Epub are permitted if the title of the app does not change. Each App / Epub License requires a one-time payment. There is no limit to the number of installations, users or sales of your App or Epub.

In addition, your purchase of an App / Epub License also permits the use of the Font Software according to the Desktop License so you can design your app in desktop software.

You agree to not use the Font Software in an Application that outputs files in formats such as PDF, JPG, PNG (or any other static image file type), vector images, text documents or any possible third-party exportable files or product. The use of our Font Software is strictly limited to within your Application for text display only purposes.

 

Treat as Confidential

You must ensure that the Font Software is not accessible to third parties. You must take significant measures to protect the Font Software within your application.

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 The Designers Foundry. 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 will result in legal action and prosecution.

You agree to not recreate or base your own Font on The Designers Foundry Font Software character designs.

 

Grant of License, Installation and Number of Users

By purchasing an App / Epub 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, The Designers Foundry supplies You a non-exclusive and non-transferable license to use the Font software on the number of workstations determined by the number of Licenses You have selected at the cart page of the checkout process. Each App License has a maximum of 1 million installations.

Font software is not permitted to be shared via any form of network or server unless requested. 

 

Format and Software

Font software is supplied in .TTF or .OTF You are not permitted to convert the format of the Font software or edit the working file of the Software.

 

Back-up Copies

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, on a disc or in a secure cloud storage facility.

 

Third Parties/ Service Bureau/Printer Use

You are not permitted to share the Font Software between users or to third parties. This includes Companies, Organisations or Individuals who manage clients' work or have multiple employees.

You are not permitted to supply the Font Software to any third parties. We suggest converting all text to outlines before supplying files to third parties. If the third party is required to make changes, they must purchase their own license to do so.

 

Other Restricted Uses

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.

You are not permitted to supply the Font software as a font option to users of your application to create or design a document, image, product, website or any content that will be viewed or used outside of your application.

The Font software must not be used in any form of operation system interface such as but not limited to mobile phones, personal computers, electronic kiosks, gaming consoles, television interfaces, websites or other screen-based device.

Under no circumstances can the Font software be used in cartoons, movies, feature films, television shows, special broadcasts and documentaries, or video games. Please contact us to permit these uses.

 

Physical Goods

Use of our App License Software for designing of any physical products such as business cards, clothing, or posters is not permitted, please see our Desktop License. The creation of physical products or items for sale or distribution that are essentially letterforms from Font Software is also prohibited. Further prohibited products include but are not limited to: stamps, stencils, temporary tattoos, real tattoos, alphabet stickers, alphabet toys, educational alphabet products, house numbers, alphabet letters or any words/quotes made from any material.

 

Use on the Internet

App / Epub License Font software is not permitted to be used on a website as dynamic (selectable) text. The only way You may use the Font software online is via static images such as .jpg, .png or .gif file types. You are not permitted to Convert our Font software to be used online. WebFont Licenses are available for the use of Font software via @fontface.

 

Broadcasting, Television, Movies and Documentaries

The use of Font software in cartoons, movies, feature films, television shows, special broadcasts and documentaries is not permitted. License extensions are available to permit these uses. Please email us at Hi@TheDesignersFoundry.com to order.

 

Warranty and Refunds

The Designers Foundry warrants that the Font software will function correctly for a 10-day time period after downloading Font Software. If the Font Software does not function correctly, You must contact The Designers Foundry within 10 days of purchase to arrange replacement of Software. Due to the nature of digital Font Software, The Designers Foundry does not offer refunds.

 

Ownership and Editing Software

Font Software for License on The Designers Foundry is the exclusive property of The Designers Foundry and the respective Designer listed on each Font product page. The Designers Foundry hosts the licensing and distribution on behalf of the Designers.

The Font Software is not sold to You. The Designers Foundry provides You the ability to purchase a non-exclusive License, which permits You to use the Font Software according to our EULA. The Font Software remains property of the respective Designer always. Only The Designers Foundry and the respective Designer are permitted to edit or modify the Font Software.

You are not permitted to copy, redesign or modify any Font software from The Designers Foundry and distribute it to third parties or use it yourself. You agree that the construction, organisation and design of the characters within the Font Software are the exclusive property of each Font’s respective Designer. You acknowledge that all Font Software is internationally protected under the Digital Millennium Copyright Act, Trademark Laws, Copyright Laws and locally enforced laws.

 

Guarantee and Responsibility

The Designers Foundry cannot guarantee the performance or results You may achieve by using any Font Software licensed from The Designers Foundry. In no event under any circumstances can The Designers Foundry 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. 

The Designers Foundry holds no responsibility for the manner in which Customers use Font Software licensed from The Designers Foundry. The Designers Foundry does not guarantee that the use of the Font software will be unobstructed, uninterrupted or error-free. The Designers Foundry cannot guarantee that Font Software is without construction errors, blemishes, mistakes or any fault of any kind.

In no event can The Designers Foundry 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 The Designers Foundry 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 the Font Software. We strive to create the best fonts possible. If you find an error with our fonts, please let us know and we will fix it for you as soon as possible.

The Designers Foundry and its owners are not responsible if any Font Software or the content of Font Software or images on The Designers Foundry break copyright laws. The Designer of the Font agrees it is their own original work and they accept total responsibility for their Font Software.

 

Violation and Termination

Violation of the terms of this EULA will instantly cause your License to be discontinued and legal action will 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.

The Designers Foundry 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

The Designers Foundry office is located in New Zealand and this EULA will be governed and construed exclusively by the Laws of New Zealand. You agree to the exclusive jurisdiction of the New Zealand courts when using this website and any Font Software licensed from The Designers Foundry.

New Zealand based customers must contact The Designers Foundry to purchase with GST. 

 

Indemnification  

Each party must indemnify and hold harmless the other, and their officers, directors, employees and agents, against any and all costs, expenses, liabilities, injuries, losses, damages, claims, demands and judgments that either party incurs as a consequence of either party’s breach of this Agreement.  This indemnification obligation survives termination of this Agreement.

 

Changes to EULA

As The Designers Foundry operates in a changing technological environment, The Designers Foundry reserves the right to adjust the EULA at any time. Changes will be effective instantly upon posting of the amended EULA. You are responsible for ensuring You have read the latest EULA at your time of viewing and licensing.

Your use of TheDesignersFoundry.com 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 The Designers Foundry. 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 The Designers Foundry in the absence of a written amendment and consent from The Designers Foundry, 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. You agree The Designers Foundry may modify the incorrect term(s) to meet the requirements of the law to enable the desired intent of the incorrect term(s).

 

Glossary:

You: The Customer. This represents You, the Individual representing themselves or a Company or Organisation that is purchasing a License or multiple Licenses with the intention of downloading, installing and using Font Software. You/The Customer must agree to all terms and conditions of the EULA.

The Designers Foundry: This represents The Designers Foundry Ltd., TheDesignersFoundry.com, The Designers Foundry as itself or any person(s) acting on behalf of The Designers Foundry. The Designers Foundry is 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, information or symbols in various formats. Formats of Software include but are not limited to .OTF.

Designer/Designers: The Individual, Individuals or Company supplying The Designers Foundry Font Software. (In some cases The Designers Foundry may produce the Font Software on the Designer’s behalf with their permission to be Licensed on The Designers Foundry.)

WebFont License: The WebFont License is the strict End User License Agreement (EULA) in which You may use Font Software from The Designers Foundry. You License the use of the Font Software according to the terms and conditions set in the EULA.

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 The Designers Foundry.

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 THE DESIGNERS FOUNDRY. THE SUPPLIED GLOSSARY IS FOR REFERENCE ONLY AND THE DESIGNERS FOUNDRY RESERVES THE RIGHT TO EXPLAIN AND ADJUST ANY MISINTERPRETATION OF TERMS OR INCORRECT TERMS GIVEN IN THIS EULA.

ALL PRICES AND PAYMENTS ON THIS WEBSITE ARE IN USD. THE DESIGNERS FOUNDRY HAS NO CONTROL OVER CURRENCY CONVERSIONS OR YOUR BANK FEES WHEN PURCHASING FROM US. ALL TRANSACTIONS SHOULD SHOW ON YOUR STATEMENT AS 'TDFOUNDRY’ or similar. COPYRIGHT © THE DESIGNERS FOUNDRY LTD. REGISTERED IN NEW ZEALAND. “The Designers Foundry” is trademarked.  

Illustrator, Photoshop and InDesign are registered trademarks 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: 29 March 2022

 

Souvenirs

Souvenirs Terms

The following terms and conditions constitute our Souvenirs Terms. If you wish to purchase any souvenir items you must agree to these terms.

 

Shipment processing times:  We ship from our office located in New Zealand. All Orders are processed within 2-4 business days. Orders are not shipped on weekends or holidays. If a product is a pre-order these timeframes do not apply. If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery also. If there will be a significant delay in shipment of your order, We will contact you via email.Generally to the USA or EU delivery of most orders arrive in around 3-4 weeks. But you should allow up to 8 weeks before considering your order to be lost and contacting us.

 

Shipping rates & delivery estimates: All shipping costs are included in the listed prices of our products. The shipping is via NZ Post AirMail only.

 

Shipment confirmation & order tracking: You will receive an order confirmation email once your order has been placed. You will receive another email when your order is shipped however tracking may not be provided at this time. All orders are AirMail tracked, meaning your order might not receive all tracking updates since it uses the mail system and is not couriered. It is also possible tracking a New Zealand sent package may not be possible in your country, meaning you may not be able to track your order fully. If tracking is important to you, contact us to upgrade to a fully tracked service. We receive a notification once your order is fully delivered, however since the order will physically be with you we don’t tend to share this update unless requested.

 

Customs, Duties and Taxes: We are not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes). Please consider this before ordering. If your order is returned to us due to failure to pay customs or taxes we can not refund you as we will be charged for the return shipping. Additional shipping fees will apply to resend your order.

 

Returns: If your order is returned to us for any reason, resending the order will require additional shipping fees to be paid by the customer. Alternatively we can refund the order minus the shipping fee already paid and used. Should you not be satisfied with your order and wish to return it, return shipping costs are the customers responsibility. The product must be returned in brand new condition to receive a refund.

 

Damages: We are not liable for any orders damaged or lost during shipping. Should your order arrived damaged or you think your order is lost (8+ weeks since shipped), please contact us, we will assist you. Please save all packaging materials and damaged goods, send multiple clear photos documenting the damage.

 

Warranty: No warranty is provided with clothing items once worn and/or washed by the customer. Any damage or faults to clothing items on arrival must be reported within 48 hours of delivery. A 30 day warranty is provided on paper based products (books, posters). All other products have a 1 year warranty. We reserve the right to fully or partially replace products before issuing a refund. Any warranty based return shipping costs are the customers responsibility. 

 

PO boxes: We can not ship to PO boxes. If you enter your address as a PO box we will refund and not ship your order. We can not hold stock while you correct your address.

 

Product availability: Your order is not confirmed or guaranteed until you receive a shipping notification email. Should your ordered product(s) not be in stock we are sorry, we will refund you.

 

Incorrect information: Should you provide incorrect information please let us know before your order is shipped. Changes to shipping addresses, sizes or order information is not possible once shipped.

 

Incorrect sizes: Should a clothing item not be the right size you can swap it or request a refund. Your order must be returned to us in brand new condition. Return shipping fees are to be paid by the customer. Should your order get lost or damaged while being returned no refund will be given.

 

For any questions please contact us.