Ettielier Standard LicenseFont End User Licensing Agreement
This End User Licensing Agreement (the “Agreement,” “EULA,” “License,” “Agreement,” or “License Agreement”) is a legal agreement between you (“Licensee”) and Ettie Kim LLC d/b/a Ettie Kim Studio (“Ettie Kim”) and becomes a binding contract between you and Ettie Kim when you click on the area marked “ACCEPT LICENSE AGREEMENT” or similar language, or when you accept the EULA by other means (for instance referring to the EULA in a purchase order, a confirmation email, etc.). Please read this entire document before purchasing, downloading, or using the font software (“Font”). If you do not wish to be bound by the Agreement, you cannot purchase, download, or use the Font.
To enter into this EULA, you must be (i) eighteen (18) years of age or older, and (ii) be able to form binding contracts under the laws applicable to you. By completing your purchase and installing the Font, you are representing and warranting that both (i) and (ii) above are correct.
Your hereby agree to the following:
1. Binding Agreement
You are bound by this EULA and you acknowledge that all use of Fonts offered by Ettie Kim is governed by the EULA.
2. License Grant
You are hereby granted a non-exclusive, worldwide, perpetual, non-assignable, and non-transferable (except as expressly permitted herein) license to install, access, and use the Font only subject to all of the terms and conditions of this EULA. Ettie Kim reserves all rights not expressly granted to Licensee in this EULA. If you have any doubts as to whether a particular use of this Font is permitted or prohibited by this EULA, please contact Ettie Kim by emailing hello@ettiekim.com for more information or to request a supplemental license. Supplemental licenses are issued at the sole discretion of Ettie Kim.
3. Permitted Uses
Except as otherwise stated in this EULA, Licensee may:
a. Use the Font to create and distribute graphics for non-commercial or commercial use on any tangible surface or electronic display such as paper, computer screens, T-shirts, and other surfaces so long as the created graphics are a fixed size (e.g. JPG, PNG, etc.) or a non-editable static vector (e.g. SVG, EPS, etc. translated to artwork outlines). A “commercial use” is any use: (i) that involves an exchange of money or other consideration, (ii) that promotes a business (e.g., sole proprietorship, corporation, or partnership), product, or service, or (iii) where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee’s use of the Font. If any one or more of the criteria in (i), (ii), and (iii) is met, then the use is deemed “commercial.” A “non-commercial use” is a use for solely personal purposes. Any use that meets the definition of “commercial use” cannot be a non-commercial use.
b. Use the Font in the creation of or as part of a company logo provided the characters from the Font are translated to artwork outlines.
c. Use the Font for texts in video formats (e.g. film credits), in TV or film subtitles, in art or commercial exhibition, provided that the use does not permit interactive "typesetting” or any other use, transmission, or extraction of the Font by the user or viewer of the broadcast, video or film. If characters from the Font are utilized within paid or public broadcast on film, theatrical release, television, internet video, titling, or credits/other forms of attribution (“Broadcast Work”), a single below-the-line closing credits attribution to “Ettie Kim LLC” (“Attribution”) is required. Attribution shall be located within the Studio or Production Company’s choice of general production thanks, alongside similar digital or production art studios, alongside other typography sources, or alongside other title design credits, if the Font was used to create titling or other forms of attribution in the Broadcast Work
d. Create a combined total of 100 unique physical or digital products for retail sale or distribution (“Impressions”), by way of example only, using the Font as a resource to create greeting cards, mugs, business cards, or invitations on a customized, per order basis for retail sale, provided that the image is a fixed size (e.g. JPG, PNG, etc.) or a non-editable static vector (e.g. SVG, EPS, etc. translated to artwork outlines). Each Impression has a production limit of 400 pieces, after which Licensee will have to purchase a supplemental license.
e. Use the Font in an unlimited number of non-commercial projects in accordance with the terms of this EULA.
f. Embed or link the Font in accordance with the rules described in Section 4e, “Embedding,” of this EULA.
4. Requirements and Restrictions
Certain uses (whether commercial or non-commercial) of the Font are not permitted without the purchase of a supplemental license. Such licenses are issued at the sole discretion of Ettie Kim. Those uses not permitted by this EULA include the following:
a. Alphabet or Letterform Products for Resale. Licensee may not use the Font to create alphabet or letterform products for resale where the product consists of individual letterforms, including but not limited to wax seal stamps, rubber stamps, scrapbooking kits, die-cut products, stencil products, or adhesive sticker alphabet products, etc. Licensee may create typographic products using the Font if the product consists of commonly recognized words or phrases, for example, a rubber stamp that contains the words “Thank You” or a sticker that says “I Love You.”
b. Impressions and Production Limit. Licensee may not create more than 100 Impressions. Licensee may not produce more than 400 pieces per Impression. Supplemental licensing may be requested by emailing hello@ettiekim.com.
c. Users and Deployment. The Font may be simultaneously used by no more than the number of users specified in the Invoice. A “user” is a single person. All users must belong to the same company or household purchasing the font except for temporary use by third parties as described in Section 5 “Provision to Third Parties” of this EULA. The Font may be installed on a server for the purpose of deploying to licensed users with all user restrictions listed above still applying. In no event may any single user install the Font on more than two devices. A “device” is any contrivance where the font can be stored, downloaded, or used. Licensee agrees to inform all authorized users or other persons having access to the Font and any copies of the Font of this EULA and ensure that they strictly abide by the terms and conditions thereof.
d. Copies. Licensee may make up to one copy of the Font for archival or back-up purposes only and shall retain exclusive custody and control over such copy. Any copies that you are expressly permitted to make pursuant to the EULA must contain the same copyright, trademark, and other proprietary notices that appear on or in the Font. Upon termination of the Agreement, you must destroy the original and any and all copies of the Font. Unauthorized sharing, lending, renting, sale or other unauthorized use, misuse or transfer of back-up copy is prohibited.
e. Embedding (including PDF, Microsoft Word®, Microsoft Powerpoint®, Templett, and Corjl). Licensee may not use the Font as a web font or embed it on webpages. Licensee may not use the Font in an editable format in themes, templates, apps, electronic documents, etc. or in any way where third-party users can type their own text with the Font and create their own personalized content. This includes, but is not limited to, “print on demand,” “made to order,” and “download on demand” applications. Documents embedding the Font and sent to third parties, must be read-only by those recipients. Documents embedding the Font and created for in-house use or sent to third parties working on behalf of the Licensee as described in Section 5 “Provision to Third Parties” may be editable.
f. Resale or Sub-Licensing. Licensee may not resell or sub-license the Font or any modification of it in source file form. Licensee may not resell or sub-license the Font or any modification of it in any way that is directly competitive with the original Font (e.g., as a stock asset or template).
g. Reverse Engineering or Decompiling. Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or instructions of the Font except to the extent applicable law allows reverse engineering or decompiling the Font only to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purpose and only to the extent that sufficient information is not provided in a timely manner free of charge by Ettie Kim upon written request.)
h. False Representation. Licensee may not falsely represent authorship and/or ownership of the Font.
i. Inappropriate Use. Licensee may not use the Font in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, including, without limitation, any use of the Licensed Asset that:
1. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
2. may create a risk of any other loss or damage to any person or property;
3. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
4. may constitute or contribute to a crime or tort;
5. contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
6. contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
7. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
8. contains any information or content that you know is not correct and current; or
9. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
5. Provision to Third Parties
The Licensee may temporarily provide the Font to a third party graphic designer, printer, agent, or independent contractor who is working on behalf of the Licensee. The Agents temporarily using the font are treated as licensed users and count toward the number of users specified on the Invoice.
The third party designer, developer, agent, or independent contractor must:
a. Agree in writing to use the Font exclusively for Licensee’s work, according to the terms of this EULA.
b. Retain no copies of the Font upon completion of the work.
6. Term
This EULA grants a perpetual license for the rights set forth in Section 2, “License Grant,” unless and until the EULA terminates under Section 10, “Termination.” Ettie Kim will not charge additional fees post purchase, annually or otherwise.
7. Other Usage
Licenses for @font-face embedding, computer applications and games, installable interactive books, software, mobile applications and games, ebooks, digital template services, product creation websites, website template distribution, website templates, and other uses not allowed by this EULA may be available for an additional fee. Contact Ettie Kim at hello@ettiekim.com for more information.
8. Modifications
Licensee may not modify the Font files, or create derivative fonts based on the Font without prior written consent from Ettie Kim EXCEPT THAT Licensee may generate files necessary for embedding or linking in accordance with this EULA.
9. Copyright
The Font is protected by copyright law. Ettie Kim is the sole, exclusive owner of all intellectual property rights, including rights under copyright and trademark law. Licensee agrees not to use the Font in any manner that infringes the intellectual property rights of Ettie Kim or violates the terms of this EULA.
10. Termination
This EULA is effective until terminated. If Licensee fails to comply with any term of this EULA, Ettie Kim may terminate the EULA with 30 days notice. This EULA will terminate automatically 30 days after the issuance of such notice. Upon termination, Licensee must destroy the original and any and all copies of the Font in Licensee’s possession or control, in part and in whole, including modified copies, if any, and certify to Ettie Kim in writing that such actions have been taken. The termination of the EULA shall not preclude Ettie Kim from suing you for damages for any breach of the EULA.
11. Product Upgrades or Modifications
Ettie Kim may, from time to time and without notice, update or modify the Font or any part thereof. Price adjustments may apply.
12. Refunds and Disclaimer
All purchases are final. Due to the nature of digital goods, Ettie Kim does not offer any refunds or exchanges on Font purchases. Please place your order carefully.
The Font is provided “as is.” Ettie Kim makes no warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose.
Ettie Kim shall not be liable for any direct, indirect, consequential, or incidental damages (including damages from loss of business profits, business interruption, loss of business information, and the like) arising out of the use of or inability to use the Font even if Ettie Kim has been advised of the possibility of such damages.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to Licensee.
13. Governing Law
This EULA is governed exclusively by the laws of the United States of America and the State of Pennsylvania. You further hereby expressly consent to be subject to the jurisdiction of the courts of the State of Pennsylvania or any federal district court located therein for the resolution of any dispute between you and Ettie Kim arising from or related to this EULA.
14. Entire Agreement
This EULA, in conjunction with the Invoice that accompanies each Font licensed from Ettie Kim, constitutes the entire agreement between Ettie Kim and Licensee.
15. Applicability
This EULA applies to all Fonts offered by Ettie Kim, whether the Font is offered free of charge or offered for sale.
16. Severability
In the event any provision(s) of this EULA is held void, unenforceable or without effect for any reason, the remaining provisions shall not be affected or impaired thereby and shall remain fully enforceable and in-effect to the maximum extent permitted by law.
17. Waiver. The waiver of one breach or default hereunder shall not constitute the waiver of any subsequent breach or default.