End User License Agreement
This paragraph explains Pocket Design End user license agreement:
— License enables to use digital font for a number of computers on a specific location.
— Redistribution to third parties is not allowed.
— Embedding is ok until its for production and internal use.
— Embedding for commercial products, digital media is not covered.
— Use of fonts on networks, servers may require a specific license based on use.
— Any digital files, eps, illustration, derivative works can not be given away, or sold without written permission.
— Typeface credits should be noted in the document credits, colophon and so on.
— License transfer is not allowed without written permission.
End user licence agreement
Please be careful to read the agreement for the digital font you want to use.
Our products are not sold, but are licensed to you as end user. This End user license agreement (EULA) governs the use of digital font as presented on the pages of pocketdesign.com.au and/or any Pocket Design catalogs. It is concluded between you (hereinafter: the End user) and Pocket Design. By paying, downloading, installing and/or using digital fonts, you confirm that you have read and accepted the terms of this agreement whose terms bind you legally to Pocket Design and that you have the legal capacity to contract. If you were not to accept the conditions above and below, do not purchase, access, download and/or install or otherwise use the digital font.
digital font: means a software that generates typeface designs, outlines, glyphs, letters and their digital metrics when used with the appropriate computer plus any other data including documentation provided with it.
User: Number of users who are authorized to install, use the digital font on their own computers.
Intellectual property: As typographic design, the Typeface generated by the digital font is protected by IP Australia, the Australian Government agency that administers IP rights and legislation. This is regardless of the country in which you are operating, by the copyright laws and intellectual property code, by other international treaties.
Computer: means a device that manipulates digital information for a specific result based on a sequence of instructions.
Internal Network: means a private, proprietary network resource only accessible by employees of a specific corporation or similar business entity. Internal Network does not include the Internet or any other network community open to the public.
Contract terms and conditions
Except as expressly provided herein, Pocket Design will grant you upon receipt of the full payment, a user license concluded into for the duration of copyright as defined by international conventions and begins on the date of acceptance of this contract.
Ownership of the digital font
The digital font described on the pages of Pocketdesign.com.au and/or any Pocket Design catalogs remain the property of Pocket Design and/or to Designers having granted exploitation rights to Pocket Design are protected by the Australian IP law regardless of the country in which you are operating, by the copyright laws and intellectual property code, by other international treaties.
Prohibited: modifying the digital font, disassembling, decompiling, extracting, altering, merging it with other software, using codes (even partial) or the typeface design contained in the digital font for purposes other than operation on the licensee’s own computers is prohibited and constitutes counterfeiting.
User license: General Use
Pocket Design grants you a non-exclusive license to use the digital font permitted number of Computers owned by the user. You may install and use copy of the digital font on up to the permitted number of Computers owned by the user. The digital font may not be installed or used on a computer or server that can be openly accessed via the Internet or other external network system. You agree that you will not distribute or disseminate all or any part of the digital font through any online service. Any digital file, EPS file, illustration, or anything derived from our digital font must be used according to this original licensing terms and may not be sub-licensed, given away, or sold without written permission from Pocket Design.
A license extension, upgrades who may be purchased at pocketdesign.com.au or by contacting Pocket Design will be required in such and similar cases, but not limited to:
— If the number of users who use the digital font exceeds those set by this EULA (End User License Agreement).
— If the number of users who use the digital font are in more than one geographic location.
— If the digital font is used with a server based application which enables the use of Fonts Software for more than the permitted number of Computers. For the purpose of determining the proper number of Computers for which a license is needed, please follow this example: If there are 10 Computers connected to the server, with no more than 1 Computers either using this digital font currently, but the digital font can be used on 2 different Computers at various points in time, a correct license must be obtained creating a licensed unit for 2 computers.
— If the digital font is used on a commercial product.
— Alphabet or letterform-related products for resale, products on demand or any letterforms for creation products such as rubber stamps, scrapbooks, templates, stencil products, temporary tattoos, adhesive alphabets, or any other products containing any derived images from the Typeface generated by the digital font of which any likeness of the alphabet can be reproduced.
— Embedding in all devices: commercial electronic devices; video games; games consoles (see 3. Embedding).
Embedding of the digital font into electronic documents, applications, internet pages or devices is only permitted either as a rasterized representation of the digital font (e. g., a GIF or JPEG) or as a subset of the digital font as long as the document, application or device is distributed in a secure format that enables solely the viewing and printing but not the editing of the text (read-only) and only for your own Personal or Internal Business Use.
You need an additional license from Pocket Design for the use of the digital font in documents, applications, internet pages or devices permitting editing of the text, if such documents, applications, internet pages or devices shall be distributed to third parties or if the digital font is embedded neither as a subset nor as a rasterized representation.
Except as expressly provided herein, you may not give, rent or lease the digital font or parts of it to any third parties. Any transfer to a third parties requires a specific agreement contracted with Pocket Design.
For the exclusive purpose of data backup, additional backup copies of the digital font can be made. The digital font or documentation may not be resold, rented, leased, sub-licenses or lent to another person or entity. Upon termination of the Agreement, you must destroy the original and any and all copies of the digital font. The unauthorized sharing, lending, renting, sale, or other unauthorized use or misuse of the back-up copy is a material breach of this Agreement and will result in the immediate termination of this License.
Working with clients, third parties
If you are a graphic studio, design or advertising agency, or purchasing this license for use by or on behalf of such an entity, the ultimate end user (your client) should also purchase a license appropriate for their intended use of the digital font.. The original license does not extend to uses by temporary employees or independent contractors using the digital font as their use may relate to providing professional services, service bureaus or for other professional uses. Any of these cases require new licenses or special upgrades should be purchased at pocketdesign.com.au or by contacting email@example.com
The end user of this license agrees to do its best to credit Pocket Design in conformity with the code of intellectual property, and international conventions and to the copyright regulations by indicating: Pocket Shop Fonts,
©Pocket Design in the colophon or/ and any place when generally printer name and generals credits appear.
Liability and termination of the end user license agreement
The end user commits himself to undertake all necessary steps to prevent unauthorized access to the digital font and to any copies of such. The end user agrees to inform the end user’s employees or any person who has access to the digital font to ensure that they shall strictly abide by these terms and conditions described in this end user license agreement. This end user license agreement shall automatically terminate in the event that the end user breaches any term or condition set forth herein. Notwithstanding any termination of this License, Pocket Design reserves the explicit right to assert any further claims (specifically information, compensation for damages, etc.). The end user license agreement may only be modified by a writing signed by an authorized officer of Pocket Design. In the event that the end user would not comply with the clauses of the present end user license agreement, Pocket Design, reserves the right to immediately terminate this license agreement without any financial compensation whatsoever. In this case, the end user would have to turn over the digital fonts, its components and digital data to Pocket Design, and destroy all the copies held by him within seven (7) days starting the date of termination, thus prohibiting any further use. At the request of Pocket Design, the end user would be obliged to provide written assurance that said deletion has occurred.
Warrants and Disclaimer
The digital font, is provided as it is. Pocket Design does not make any warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the digital font rests upon you. Pocket Design does not warrant that the functions contained in the digital font will meet your requirements or error are free. Any implied warranty obligation created by law is valid for a period of thirty (30) days only. You agree that there are no warranties of any kind after the above period. Pocket Design cannot be held responsible for damage caused or supported by the end user and/or third party resulting from a misuse of the digital font. Pocket Design reserves the right to amend or modify this End user license Agreement at any time without any prior notice, in order to account for future commercial and technical changes.
Applicable law and jurisdiction
This end user license agreement is subject to and will be interpreted in accordance with the laws of Australia. Any dispute which may arise relating to the existence, making, validity, interpretation, and/or the execution of this contract agreement will, in the absence of amicable settlement, take place before the Federal Court of Australia.