Copyright © 2013 Tim Donaldson.
Tim Donaldson Typeface License Agreement
This Agreement, in conjunction with the receipt that accompanies each purchase from otamatypeface.com (“Tim Donaldson”), constitutes the complete agreement between you and Tim Donaldson.
1. Allowed uses
You may use the licensed fonts to create images on any surface such as computer screens, paper, photographs, movie credits, printed material, T-shirts, and other surfaces where the image is a fixed size.
Specialty uses where the font becomes the focal feature, differentiation or selling point of a product or service require and extended OEM license agreement. Please contact Tim Donaldson at firstname.lastname@example.org to discuss an OEM license.
You may use the licensed fonts to create EPS files or other scalable drawings provided that such files are only used by the household or company licensing the font.
2. Number of users
The maximum number of simultaneous users is specified in the applicable receipt. All users must belong to the same company or household purchasing the font. Unless explicitly stated, each licensed ‘user’ allows for the font to be installed on 4 workstations (a desktop computer) including portable computers (a laptop). The font may be installed on a network server. The license quantity refers to every single workstation/portable computer combination where the fonts will be used.
3. Third parties
You may provide the font to a graphic designer, printer or other service bureau that is working on your behalf only if they agree to use the font exclusively for your work, agree to the terms of this license, and retain no copies of the font on completion of the work.
You may not provide the font or make it accessible to any other third parties, except for embedding described in 4. Embedding.
4.a. Electronic Document Embedding
You may embed the licensed fonts into any document (eg. PDF) you send to third parties. Such documents may be viewed and printed (but not edited) by the recipients.
4b. Web Embedding
This license agreement does not allow for web embedding. Contact email@example.com for further information about web embedding
4.c. Hardware and Software Embedding
You may not under any circumstances embed the licensed fonts into software or hardware products in which the fonts will be used by the purchasers of such products. Such use requires an extended license which may be offered by Tim Donaldson. Please contact firstname.lastname@example.org for further information.
5. Modifications & Resale
You may import characters from the font as graphical objects into a drawing program and modify such graphical objects. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works for further retail in any way shape or form.
The font and the accompanying materials are copyrighted and contain proprietary information and trade secrets belonging to Tim Donaldson. You have not brought the fonts as such, just the right to use them in your designs. Unauthorized copying of the Product even if modified, merged, or included with other software, or of the written materials, is expressly forbidden. You may be held legally responsible for any infringement of the Tim Donaldson’s intellectual property rights that is caused or encouraged by your failure to abide by the terms of this Agreement.
This Agreement is effective until terminated. This Agreement will terminate automatically without notice from Tim Donaldson if you fail to comply with any provision contained herein. Upon termination, you must destroy the written materials, the Product, and all copies of them, in part and in whole, including modified copies, if any.
8. Product Upgrades
Tim Donaldson may, from time to time, update the Product. Product upgrade pricing may apply.
9. Disclaimer and Limited Warranty
Tim Donaldson warrants the Product to be free from defects in materials and workmanship under normal use for a period of twenty one (21) days from the date of delivery as shown on your receipt. Tim Donaldson shall have no responsibility to replace the product if failure results from accident, abuse or misapplication, or if any product is lost or damaged due to theft, fire, or negligence. Any replacement product will be warranted for twenty one (21) days. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE PRODUCT, IS PROVIDED “AS IS”. TIM DONALDSON 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 Product rests upon you. Tim Donaldson does not warrant that the functions contained in the Product will meet your requirements or that the operation of the software will be uninterrupted or error free.
TIM DONALDSON 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 PRODUCT EVEN IF TIM DONALDSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some American states and international countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
10. Governing Law
This agreement is governed by the laws of New Zealand.
Copyright © 2013 Tim Donaldson