End User License Agreement
Ama Foundry End-User License Agreement (EULA) for digital fonts
Version 1.1
We’re delighted you’ve chosen to download and install Ama Foundry Font Software! Before you proceed, please take a moment to read and agree to the following terms, for this is a legal agreement.
To make this text easier to comprehend, the “licensee” is designated by the term “you”:
1. Installation, Locations, Portable Devices
This license is exclusively for the benefit of users who are authorized under this agreement. With a single license, you’re allowed to install and use the Font Software on up to three (3) portable devices like a notebook or laptop and three (3) desktop or workstation devices that remain at a single location or belong to the same organization or company. You can connect these computers to any number of output devices, including laser printers, inkjet printers, image setters, or film recorders. You can also download the Font Software to the memory (hard disk or RAM) of output devices that you typically use so that the Font Software remains resident in those devices. If you need to install the Font Software on more than the authorized computers allowed by this license, or if more users need to use the Font Software, you must upgrade to a Multiple-User license. Additionally, we request that you treat the software as confidential information and use reasonable care to avoid unauthorized distribution of the Font Software. If you’re unable or unwilling to agree to the terms of this license, please return the software unused to Ama Foundry at Groenhoedenveem 10, 1019 BL, Amsterdam, The Netherlands.
2. Intellectual Property
The Font Software and its designs are the exclusive property of Ama Foundry. This non-exclusive, revocable license grants you limited rights to use the Font Software only. No permanent or ownership rights are granted. Ama Foundry has all the rights, title, and interest in the Font Software, the designs of the fonts embodied therein, as well as the copyrights, trademarks, trade names, and service marks associated with the Font Software. Each of the latter remains the exclusive property of Ama Foundry and is protected by the copyright and other intellectual property laws of The Netherlands, the European Union, and other international treaties.
3. Modifications and Backup Copies
Except as otherwise expressly permitted in this contract or by a separate written agreement, you may not modify, translate, adapt, reverse engineer, disassemble, decompile, alter, or otherwise copy the Ama Foundry Font Software or the designs embodied therein. You are allowed to make a reasonable number of backup copies suitable for your usage. However, no backup copies are necessary since the Ama Foundry online client account system serves as your permanent backup for the Font Software. Unless adequately transferred, the Ama Foundry Font Software and its documentation may not be sublicensed, sold, leased, rented, lent, or given away to another person or business.
4. Returns and Exchanges
You may return or exchange the Font Software only if it is defective. And it will be replaced only when accompanied by a valid sales receipt within four (4) weeks of purchase.
5. Derivative Works
Any derivative works created by you that use or are based upon the Font Software and/or the designs of the fonts, including, but not limited to, software or other electronic works, are considered derivative works under Dutch Law. Any such derivative works are the exclusive property of Ama Foundry and are subject to the terms and conditions of this license. Derivative works may not be sublicensed, sold, leased, rented, loaned, or given away without the express written permission of Ama Foundry. Ama Foundry is not responsible for or required to support unauthorized, modified and/or regenerated software or derivative works. You are allowed to convert the Fonts to outline or bitmap images to publish electronic documents.
6. Third-Party Use and License Types
To print a document at a commercial printer or service bureau, you can provide non-editable artwork in PDF format. Please contact Ama Foundry if the printer or service bureau needs to install the fonts on their computers for you may need a Third-Party license. If you are an advertising agency, acting on behalf of an advertising agency, or otherwise acting in a similar capacity or for the benefit of a third party, the Font Software or a copy thereof will be transmitted to the client or third party, and the purchase of a license for or by your client is required. Depending on how the Font Software will be used, an additional license upgrade and/or the purchase of a specific license may be required. A specific Apps, Games, and eBooks license is required to use the Font Software on letter-form goods for sale, electronic books, game-playing devices, gaming or gambling devices, irrespective of whether the Font Software itself is embedded into the device or whether it is merely the designs of the fonts that are displayed. If you are using the Font Software in exhibition or display in cinemas, motion pictures, on television or on cable television, or as part of any works broadcast or transmitted on the Internet, a specific Broadcast license is required, and an additional license fee may be required.
7. Embedding
You’re allowed to embed Ama Foundry fonts in PDF documents, Flash documents, and other digital documents, as long as it’s in a secured, read-only mode, and the extraction of the fonts is prohibited. If you want to embed the Font Software in other software or devices or in any other form, you’ll need to purchase a separate Apps, Games, and eBooks license. Keep in mind that you cannot transmit the Font Software over the Internet for font serving or font replacement using technologies such as EOT, Cufon, sIFR or other similar technologies, without a specific Web license.
8. Test or Trial Fonts
By downloading and installing Ama Foundry’s trial fonts, you are permitted to use the Font Software for testing and trial purposes only. This may include paid and unpaid pitches. You’re, however, not allowed to use the Font Software in any files that are intended for the final delivery of any project, regardless of whether the purpose of these projects is commercial or non-commercial.
If you are an actively enrolled student at an accredited educational institution, then the use of Ama Foundry Font Software in final files is permitted as long as the nature of usage is of strictly non-commercial and educational nature.
You are not permitted to use the fonts for portfolios, client projects, or any other commercial endeavors.
9. Copyrights and Trademarks
Ama Foundry Font Software is protected under domestic and international trademark, copyright, and industrial design law. You’re not required, but you may choose to identify Ama Foundry fonts and ownership in any design or production credits.
10. Termination of Agreement
If you breach any of the terms of this Agreement, it may result in termination. In the event of termination, you agree to immediately return the Font Software to Ama Foundry and certify that you no longer have any copies of the Font Software.
11. Transferring the License
You may transfer the Font Software to another party, but only if the new licensee agrees in writing to be bound by this license. Once the transfer is complete, you must destroy all copies of the Font Software, and the new licensee must transmit a copy of their Agreement to Ama Foundry.
12. Warranties and limitation of liability
AMA FOUNDRY DOES NOT PROVIDE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES. THE FONT SOFTWARE IS NOT INTENDED FOR USE IN MANUFACTURING CONTROL DEVICES, NAVIGATION DEVICES, OR ANY CIRCUMSTANCES THAT COULD RESULT IN ENVIRONMENTAL DAMAGE OR PERSONAL INJURY. UNDER NO CIRCUMSTANCES SHALL AMA FOUNDRY BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION, ARISING OUT OF THE USE OR INABILITY TO USE THE FONT PRODUCT, EVEN IF NOTIFIED IN ADVANCE. AMA FOUNDRY DOES NOT WARRANT THAT THE OPERATION OF THE FONT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE FONT IS WITHOUT DEFECTS. You hereby agree that your entire, exclusive, and cumulative liability and remedy shall be limited to the cost of the Font or replacement thereof, at Ama Foundry’s discretion.
The terms of this License Agreement are contractual in nature. The Ama Foundry Font Software License Agreement is subject to Dutch Law. By downloading and installing the Fonts, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this License Agreement.
13. Inquiries
Ama Foundry is grateful you have taken the time to read and consent to the terms of this License Agreement. Please do not hesitate to contact us with any inquiries regarding this EULA.