License
All fonts purchased can be used for commercial purposes, just don't resell or distribute them.
END USER LICENCE AGREEMENT
1. Agreement
This End User Licence Agreement ("Agreement") is a legal contract between you ("Licensee", "you") and the Foundry. It governs your use of the Font Software you have purchased or otherwise obtained from us.
By downloading, installing, copying or using the Font Software, you accept this Agreement. If you do not accept it, do not download, install or use the Font Software.
If you are entering into this Agreement on behalf of a company or other organisation, you represent that you have authority to bind that organisation, and "Licensee" means that organisation.
2. Definitions
"Font Software" means the digital typeface files supplied by the Foundry, in any format (including but not limited to OTF, TTF, WOFF, WOFF2, variable font formats and source files), together with any associated documentation, and any updates or additional formats we supply to you.
"Licensed Party" means the Licensee, its employees, and its officers and directors.
"Contractor" means a freelancer, agency, service bureau, developer or other third party engaged by the Licensee to perform work on the Licensee's own projects.
"Output" means any design, document, image, video, application, website, product or other work created using the Font Software, in which the Font Software appears as rendered type or in an embedded form permitted by clause 4.
"Redistribution" means supplying, transferring, sublicensing, selling, gifting, lending, publishing or otherwise making available the Font Software itself — as a file, or in any form from which a usable font file can be extracted, isolated or reconstructed — to any person who is not a Licensed Party.
3. Grant of licence
Subject to your compliance with this Agreement, the Foundry grants you a perpetual, worldwide, non-exclusive, non-transferable, non-sublicensable licence to install and use the Font Software for any purpose, personal or commercial.
This licence is:
Unlimited as to users. Any number of Licensed Parties may install and use the Font Software on any number of devices owned or controlled by the Licensee.
Unlimited as to volume. There is no cap on page views, impressions, print runs, downloads, installations, app installs, units sold, or revenue derived from Output.
Unlimited as to media. Print, screen, broadcast, film, signage, packaging, merchandise, environmental and any medium now known or later developed.
Perpetual. It does not expire and requires no renewal, subject to clause 10.
No fee beyond the original purchase price is payable for any use permitted by this Agreement.
4. Permitted uses
Without limiting clause 3, you may:
4.1 Desktop and design. Install the Font Software on workstations and servers, and use it to create Output of any kind.
4.2 Web. Serve web font files from your own servers or a content delivery network to display type on websites, web applications and email, provided the files are served in a manner intended for browser rendering and are not offered for download as fonts.
4.3 Applications, games and software. Embed the Font Software in mobile applications, desktop applications, games, firmware, kiosks, embedded devices and other compiled software, provided it is embedded in a compiled, subsetted, encrypted or otherwise non-extractable form and is used only to render type within that product.
4.4 Documents and publications. Embed the Font Software in PDFs, ebooks, presentations, and similar documents, using the embedding restrictions available in your software and, where the format allows, a subset of glyphs.
4.5 Logos and trademarks. Use the Font Software to create logos, wordmarks and other brand assets, and register those assets as trademarks. This does not give you any rights in the typeface designs themselves (see clause 8.3).
4.6 Merchandise and print-on-demand. Create and sell products bearing type set in the Font Software, including through print-on-demand and marketplace platforms, where the type appears as artwork and the font file is not supplied.
4.7 Contractors. Supply the Font Software to a Contractor solely so that the Contractor may perform work on your projects, provided that:
(a) you inform the Contractor that the Font Software is licensed under this Agreement and the Contractor agrees to be bound by it;
(b) the Contractor uses the Font Software only on your projects and for no other client or purpose; and
(c) the Contractor deletes all copies of the Font Software on completion of the engagement.
You remain responsible for any breach of this Agreement by your Contractors.
4.8 Delivery of Output to clients. Supply finished Output to your clients and customers. Where the Output is an editable working file that contains the Font Software (for example an unflattened design file, a source package or an unsubsetted web bundle), the recipient must hold their own licence, or you must remove or outline the Font Software before delivery. Delivering flattened, rendered, outlined or compiled Output is always permitted.
4.9 Archival copies. Make backup copies for archival purposes.
5. Restrictions
You may not:
5.1 Redistribute the Font Software. No Redistribution of the Font Software is permitted, whether for payment or free of charge. This includes, without limitation:
selling, reselling, licensing or sublicensing the Font Software;
uploading the Font Software to any public repository, file-sharing service, marketplace, or asset library;
including the Font Software in templates, themes, mockups, design kits, plugins, SDKs, code repositories, stock assets, or any other product from which a recipient could obtain a usable font file;
transferring the Font Software with the sale of hardware, a computer, or a business (except as permitted by clause 12.4);
supplying the Font Software to a parent, subsidiary, affiliate or related company that is not the Licensee, which must obtain its own licence.
5.2 Offer the Font Software as a service. Make the Font Software available through a font hosting service, font management service, online design tool, template builder, or any platform that allows third parties to use, apply or download the Font Software.
5.3 Use the Font Software to train machine learning systems. Use the Font Software, or any Output whose principal subject is the Font Software, as training, fine-tuning or reference data for any machine learning model, generative system or automated typeface generation tool, or permit any third party to do so.
5.4 Reverse engineer or defeat protections. Decompile, disassemble or reverse engineer the Font Software except to the extent that applicable law expressly permits this notwithstanding a contractual prohibition; or circumvent any embedding restriction, licence key or technical protection measure.
5.5 Remove notices. Remove or alter any copyright notice, trademark, licence text or embedded metadata in the Font Software.
5.6 Create competing typefaces. Use the Font Software as the basis for a new typeface offered for sale or distribution, including by tracing, autotracing, interpolating or otherwise deriving outlines from it.
6. Modifications
You may modify the Font Software for your own use, including subsetting, renaming for internal management, adjusting metrics, and adding or altering glyphs.
Any modified version:
remains subject to every term of this Agreement, including clause 5;
remains the intellectual property of the Foundry as to the underlying designs;
is supported and warranted by nobody — the Foundry has no obligation in respect of modified files and the warranties in clause 9 do not apply to them.
Modification does not create a new work that you may distribute.
7. Third party platforms
Where you use the Font Software on a third party platform, you are responsible for ensuring the platform's terms do not require you to grant rights you do not hold. In particular, do not upload the Font Software to any platform whose terms claim a right to redistribute uploaded files or make them available to other users of the platform.
8. Ownership
8.1 The Font Software is licensed, not sold. The Foundry and its licensors retain all right, title and interest in the Font Software, including all copyright, design rights, trademarks and other intellectual property.
8.2 You own the Output you create. This Agreement grants the Foundry no rights in your Output.
8.3 Nothing in this Agreement transfers any right in the typeface designs, the font names, or the Foundry's trademarks. Registering a logo set in the Font Software gives you rights in that logo only, not in the typeface.
9. Warranties and disclaimer
9.1 The Foundry warrants that it has the right to grant this licence.
9.2 Except as stated in clause 9.1 and subject to clause 9.4, the Font Software is provided "as is" and "as available". To the maximum extent permitted by law, the Foundry disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Foundry does not warrant that the Font Software will be error-free, will operate without interruption, or will be compatible with any particular software, operating system, device or rendering engine.
9.3 You are responsible for testing the Font Software in your intended environment before relying on it.
9.4 Mandatory consumer law. Nothing in this Agreement excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the law applicable to you. This includes, where applicable, the New Zealand Consumer Guarantees Act 1993, the Australian Consumer Law, the UK Consumer Rights Act 2015, and mandatory consumer protection law in the European Union and elsewhere. Where the Font Software is acquired for the purposes of a business, the New Zealand Consumer Guarantees Act 1993 and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply, and the parties agree it is fair and reasonable to contract out of them.
10. Term and termination
10.1 This Agreement takes effect when you first download, install or use the Font Software and continues perpetually unless terminated.
10.2 The Foundry may terminate this Agreement if you materially breach it and, where the breach is capable of remedy, fail to remedy it within 30 days of written notice.
10.3 On termination you must cease all use of the Font Software and delete all copies in your possession or control, including copies held by Contractors. Output already created and distributed before termination may remain in use and in circulation.
10.4 Clauses 5, 8, 9, 11, 12 and 13 survive termination.
11. Limitation of liability
11.1 Subject to clause 9.4, the Foundry's total aggregate liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence), statute or otherwise, is limited to the amount you paid for the Font Software.
11.2 Subject to clause 9.4, the Foundry is not liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, business, goodwill, data, or anticipated savings, even if advised of the possibility of such loss.
11.3 Nothing in this Agreement limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be limited.
12. General
12.1 Refunds. The Font Software is a digital product delivered immediately. Except where a refund is required by mandatory consumer law, or where we agree otherwise in writing, all sales are final once the Font Software has been downloaded.
12.2 Updates to this Agreement. We may issue revised versions of this Agreement for future purchases. Your existing licence continues to be governed by the version in force when you purchased, unless the revised version is more permissive, in which case you may rely on the revised version.
12.3 Export and sanctions. You must not use or export the Font Software in breach of any applicable export control or economic sanctions law.
12.4 Assignment. You may not assign or transfer this Agreement, except that you may transfer it in its entirety as part of a sale, merger or transfer of substantially all of your business or assets, provided you notify us in writing, the transferee agrees to be bound by this Agreement, and you retain no copies.
12.5 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed. The remaining provisions continue in force.
12.6 No waiver. A failure or delay in enforcing any provision is not a waiver of it.
12.7 Entire agreement. This Agreement is the entire agreement between the parties in respect of the Font Software and supersedes all prior discussions, representations and understandings, except that nothing excludes liability for fraudulent misrepresentation.
12.8 No third party rights. No person other than the parties has any right to enforce this Agreement under the Contract and Commercial Law Act 2017 (NZ) or any equivalent legislation.
13. Governing law and jurisdiction
13.1 This Agreement is governed by the laws of New Zealand.
13.2 The parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
13.3 Clause 13.1 does not deprive a consumer of the protection of mandatory provisions of the law of the country in which that consumer is habitually resident, and a consumer may bring proceedings in the courts of that country where mandatory law gives them that right.
13.4 The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14.0 Contact
Questions about this Agreement, requests for extended licences, and reports of unlicensed use: hello@joemitchell.co