Pretend Store App Font End User License Agreement
This App Font End-User License Agreement for the use of app fonts (the “Agreement ”) is a legal agreement between you and Pretend Store that governs the use of the Licensed App Fonts that you license from Pretend Store’s website located at www.pretendfoundry.com, and which are accompanied by or refer to this Agreement.
This Agreement becomes a binding contract between you and Pretend Store when you click on the area marked “ACCEPT LICENSE AGREEMENT,” or similar language or when you accept the Agreement by other means (for instance referring to the Agreement in a purchase order, a confirmation email, etc.). If you do not wish to be bound by the Agreement, you cannot access, use or download the Licensed App Fonts. Please read this entire document before agreeing to be bound. Certain capitalized terms are defined in Section 9 of this Agreement.
You hereby agree to the following:
1. Binding Agreement.
You are bound by the Agreement and you acknowledge that all Use of the Licensed App Fonts is governed by the Agreement.
2. License Grant.
The Licensed App Fonts are licensed, not sold, to you for Use only under the terms of this Agreement. Pretend Store, as the licensor, reserves all rights not expressly granted to you. You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to Use the Licensed App Fonts on Apps, using the @font-face selector in CSS files, subject to all of the following:
• You may not link to, nor put online, any version of a Licensed App Font not supplied in a App Font Kit.
• The Licensed App Fonts may be used on any App owned or controlled by you (subject to the next bullet point). The total traffic, measured in page views, of all Apps using a Licensed App Font must be no greater than the number of page views specified at www.pretendfoundry.com. Businesses or organizations such as advertising agencies, product design agencies or hosting providers that are responsible for multiple clients’ Apps must enter into separate Agreement’s for each client App.
• The Licensed App Fonts may be used in an App where visitors produce Styled Content by directly or indirectly selecting a Licensed App Font and entering or editing content using that Licensed App Font, if and only if the App does not enable or facilitate the Styled Content being used outside the App. Examples of using Styled Content outside of an App include but are not limited to producing merchandise, PDF documents, image files, or personalized physical objects using the Styled Content.
• You may not use conversion or editing tools on the Licensed App Fonts.
• Use of the Licensed App Fonts with technologies other than @font-face, such as sIFR, Cufón or Typeface.js, is not allowed.
• You must retain the page view tracking code, as supplied in the App Font Kit, on all Apps that Use the Licensed App Fonts.
You shall identify all Licensed App Fonts to visitors of Apps only by the Licensed App Font’s original name and in accordance with accepted trademark practice, including identification of the trademark owner’s name. The App's font selection user interface must display the Licensed App Font’s original name(s) and cite the source of the Licensed App Font. You will only use the Licensed App Font’s original name(s) to identify a Licensed App Font which effects a faithful reproduction of the underlying font and which is of a quality sufficient to meet industry typographic quality standards.
3. Intellectual and Industrial Property Rights.
You agree that the Licensed App Fonts are protected by the copyright law and other intellectual and industrial property rights of the United States of America and its various States, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties. You agree to treat the Licensed App Fonts as you would any other copyrighted material. You may not copy the Licensed App Fonts, except as expressly provided herein. You agree not to adapt, modify, alter, translate, convert, or otherwise change the Licensed App Fonts, or to create Derivative Works from the Licensed App Fonts or any portion thereof. You further agree not to use the Licensed App Fonts in connection with software and/or hardware which create Derivative Works of the Licensed App Fonts. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or instructions of the Licensed App Fonts, provided, however, that if you are located in a European Community member country or any other country which provides rights materially similar to the rights set forth in this provision, you may reverse engineer or decompile the Licensed App Fonts 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 Pretend Store upon written request). You agree that Pretend Store, or its third party licensors, owns all right, title and interest in and to the Licensed App Fonts, their structure, organization, code, and related files, including all intellectual and industrial property rights therein such as copyright, design and trademarks rights. You agree that the Licensed App Fonts, their structure, organization, code, and related files are valuable property of Pretend Store or its third party licensors and that any intentional or negligent Use of the Licensed App Fonts not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights.
You agree to use trademarks associated with the Licensed App Fonts according to accepted trademark practice, including identification of the trademark owner’s name. The use of any trademark authorized herein does not give you any rights of ownership in that trademark and all use of any trademark shall inure to the sole benefit of Pretend Store. You may not change any trademark or trade name designation for the Licensed App Fonts.
4. Warranty; Limitation of Liability.
Pretend Store warrants to you that the Licensed App Fonts will perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the http://www.W3.org website as of the date of this Agreement for the twenty-one (21) day period following delivery of the Licensed App Font(s). To make a warranty claim, you must, within the twenty-one (21) day warranty period, contact Pretend Store with sufficient information regarding your licensing of the Licensed App Font(s) so as to enable Pretend Store to verify the existence and date of the license. If the Licensed App Font(s) do not perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the http://www.W3.org website as of the date you agree to be bound by this Agreement, the entire, exclusive, and cumulative liability and remedy shall be limited to the refund of the license fee you paid to Pretend Store to obtain delivery of the Licensed App Font(s).
PRETEND STORE DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED APP FONT(S). THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR PRETEND STORE BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, PRETEND STORE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL PRETEND STORE BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF PRETEND STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF PRETEND STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to twenty-one (21) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Pretend Store liability for such physical injury or death shall not exceed One Hundred Thousand Dollars ($100,000) United States dollars, provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Licensed App Font(s) are non-returnable and nonrefundable.
5. Transfer of the Licensed App Fonts.
You may not rent, lease, sublicense, give, lend, or further distribute the Licensed App Font(s), or any copy thereof, except as expressly provided herein. You may transfer all its rights to use the Licensed App Font(s) to another person or legal entity provided that (i) the transferee accepts and agrees to be bound by all the terms and conditions of this Agreement, and (ii) you destroy all copies of the Licensed App Font(s), including all copies stored in the memory of a hardware device. If you are a business or organization, you agree that in case of a reasonable doubt with regard to the proper Use of the Licensed App Font(s) within your organization, upon request from Pretend Store or its authorized representative, you will, within thirty (30) days, fully document and certify that the Use of any and all Licensed App Fonts licensed by you from Pretend Store at the time of the request is in conformity with your valid licenses from Pretend Store.
You may make one back-up copy of the Licensed App Font(s) for archival purposes only, and you shall retain exclusive custody and control over such copy. Any copies that you are expressly permitted to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Licensed App Font(s). Upon termination of Agreement, you must destroy the original and any and all copies of the Licensed App Font(s).
Upon failure by you to comply with the terms of the Agreement, Pretend Store shall be entitled to terminate the Agreement upon notice by regular mail, paid carrier, telefax or email/textform. The termination of the Agreement shall not preclude Pretend Store from suing you for damages for any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Pretend Store.
8. Other Terms and Conditions. In the event that any provision of this Agreement is unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such unenforceable or invalid provision shall be changed and interpreted so as to best accomplish the objectives of such provision within the limits of applicable law or court decisions.
You agree that the Licensed App Fonts may not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration or any applicable export laws, restrictions or regulations.
If the Licensed App Fonts licensed to you by Pretend Store re acquired under the terms of a (i) GSA contract - use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract, (ii) DOD contract - use, duplication or disclosure by the Government is subject to the applicable restrictions set forth in DFARS 252.277-7013; (iii) Civilian agency contract - use, reproduction, or disclosure is subject to FAR 52.277-19(a) through (d) and restrictions set forth in this Agreement.
This agreement is governed by the laws of the United States of America.
“Derivative Work” means binary data based upon or derived from the Licensed App Font(s) (or any portion of the Licensed App Font(s)) in any form in which such binary data may be recast, transformed, or adapted including, but not limited to, binary data in any format into which the Licensed App Font(s) may be converted.
“Licensed App Fonts” means those fonts optimized for use on an App, either individually or collectively, that you license from Pretend Store through its website located at www.pretendfoundry.com
“Styled Content” means any content produced on an App by a visitor to such App through Use of the Licensed App Fonts.
“Use” of the Licensed App Fonts shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Licensed App Fonts, regardless of the location in which the Licensed App Fonts resides. “Use” of the Licensed App Fonts shall also occur when the software or instructions are executed.
“App Font Kit” means a repository for the bundling of Licensed App Fonts for Use on an App. An App Font Kit shall contain page view tracking code which must be retained by you and placed on all Apps which Use any Licensed App Fonts.
“App(s)” is an abbreviated form of the word "application." An application is a software program that's designed to perform a specific function directly for the user or, in some cases, for another application program which: (i) Uses or accesses the Licensed App Font(s) in its app pages, (ii) does not in any way enable the permanent installation of the Licensed App Font(s) by App visitors on any printer or display which displays a screen image created by Use of or access to the Licensed App Font(s), and (iii) reasonably restricts access to Licensed App Font(s) from Use or access by apps or any document not originating from such Apps.
Trademarks are the property of their respective owners. Pretend Store’s mailing address is: 66 Anson Street Charleston, SC 29401. All inquiries and requests for licenses may be sent via e-mail to: [email protected]. Pretend Store’s website is located at www.pretendfoundry.com.