END USER LICENSE AGREEMENT
VERSION MAR 2021
BLYTHE GREEN LLC
Upon receipt by Blythe Green (the Designer) of all applicable fees, you are granted a non-exclusive and non-transferable License to use the Font Software in accordance with the following terms and conditions.
With the purchase of a Desktop License (also called a Standard License) from blythegreen.com or an official reseller, use of the Font Software in the creation of design works and rasterized digital images for your personal and/or professional use are each permitted, provided that no unauthorized uses or copies of the Font Software are transferred to any unlicensed party. One Desktop License must be purchased for each user or workstation the font will be used by. You may use Font Software to print as many copies of anything as you like up to 250,000 reproductions (at which point a Large Volume Commercial License is required; see below), with no limits on print size, with the exception of Personalized Products for Resale as defined below. You may use Font Software to create artwork for clothes, packaging, posters, and similar commercial products and promotional products for use by you, your company, or your clients, up to 250,000 reproductions (at which point a Large Volume Commercial License is required; see below). Use of the Font Software in the creation of or as part of a company logo is permitted, however in order to register a trademark on the logo design, you must alter the Font in some way, as the Font is already protected in its original, unaltered form. The alterations can be minor or major; contact the Designer at blythegreen.com if you have questions.
Licensed Webfont(s) may not be used in any web-based applications where users of the site can select and/or use any Licensed Webfont for any text composition or editing use; where the Licensed Webfont(s) are used within an application that is sold or made available for free, or in any other way is distributed for use outside of use within a web browser, an ePub or PDF document of any kind; where users can select and/or use any Licensed Webfont for printing purposes, or in any merchandising scenario (i.e. greeting cards, apparel design, et al); where the Licensed Webfont(s) are displayed on subdomains at which the content is not controlled by you; where the Licensed Webfont(s) are displayed within an online editor or design tool.
EMBEDDING FONTS IN SOFTWARE/APPS/GAMES
To use or embed a font in any type of software, an App License must be purchased. App Licenses are available for purchase from the Designer and are separate from Desktop and Web Licenses. Unless an App License has been purchased, you are not permitted to use the font(s) in application content or user interfaces, user interfaces or other content for gaming consoles, smart televisions, or other works distributed electronically and/or via physical media for sale. One App License is required per title.
LARGE VOLUME COMMERCIAL USE
A Large Volume Commercial License is required for any usage that results in the creation of more than 250,000 reproductions, including print and digital. A Large Volume Commercial License can be purchased by contacting the Designer at blythegreen.com.
FONT SOFTWARE BACK-UP
You are permitted to keep a single backup copy of licensed Font Software in the cloud, locally on a computer, or on a studio server. You, as the single end user, must be the only person who maintains and has access to the backup copy. The Font Software may not be sub-licensed, sold, leased, rented, lent, or given away to any other person or entity.
In the event that you require the services of a third party such as a commercial printer or another service company for the production of color proofs, film or preparation for digital pre-press production or printing, you are permitted to transfer a copy of the Font Software which is used for creating the pertinent file to that specific third party. Assigning the license to a third party in any other circumstance is not permitted.
The Font Software may be exchanged only if defective. If you do not agree to the terms of this Agreement and you wish to claim a refund, you must certify that no copy of the Font(s) remains in your possession or control and provide proof of a valid sale and receipt. All claims must be made within one week of purchase.
You may not distribute, sell, modify, include, adapt, translate, reverse engineer, decompile, disassemble, translate into other font formats or otherwise copy and/or include the Font Software or the design of the Font embodied therein without the express written consent of the Designer. All rights not expressly granted are reserved to the Designer. Any modifications, derivations and/or adaptations of the Font Software or the design embodied therein, requires the express permission of the Designer which expressly reserves a right to create any such modifications, derivations or adaptations. If you are unsure whether your use of Font Software is specifically permitted under this Agreement, contact the Designer.
YOU MAY NOT CREATE LETTERFORM/ ALPHABET PRODUCTS FOR RESALE
which include, but are not limited to, scrapbooking uses involving reproductions of individual letterforms, digital alphabets; adhesive sticker alphabet products; embroidery letters or fonts; use in the creation of signage or numbering products; monogram products; rubber stamps; die-cut products, stencil products; tattoo flash, or converted into software or by other means for the purposes of producing alphabet or letterforms by the use of sewing and/or embroidery machines; die-cut devices and plotters or any other product producing or containing any image of the letterforms or images derived from the design of the Font embodied in the Font Software of which any likeness of the alphabet can be reproduced where the letterform or alphabet product will be distributed or resold.
YOU MAY NOT CREATE PERSONALIZED PRODUCTS FOR RESALE
which include, but are not limited to, physical goods for retail sale such as individually customized T-shirts, greeting cards, mugs, postage stamps, stickers, post cards, business cards, invitations on a customized, per order basis for retail sale. If you wish to use the Font Software for such purposes, the number of desired individual customized uses must be reported and licensed. Failure to purchase the proper license for such uses is a breach of this license, causing significant monetary harm to the Designer of the Font Software.
USING FONT SOFTWARE TO CREATE CONTENT THAT IS BROADCAST OR STREAMED
The use of Font Software to create content that is broadcast or streamed, including, but not limited to, content that is broadcast, displayed and/or streamed via any terrestrial, satellite or internet service that exists now or in the future, including television, YouTube, Facebook, Instagram, Vine, digital billboards, gas pump screens, aircraft or taxi entertainment screens, Jumbotrons, movie theaters, or public spaces, etc. requires a license extension. If you require this type of use, please contact us for a quote.
DERIVATIVE WORKS PROHIBITED
You may not alter Font Software in any manner whatsoever. Reformatting the Font Software into other formats or for use in other operating systems is prohibited. Altering or amending the embedding bits characteristics of the Font Software is expressly prohibited. The Font Software may not be used to create or distribute any electronic document in which the Font Software, or any part thereof, is embedded in a format that permits editing, alterations, enhancements, or modifications by the recipient of such document. Derivative works based upon the Font Software may not be sub-licensed, sold, leased, rented, lent, or given away without written permission from the Designer. The Designer shall not be responsible for unauthorized, modified and/or improperly regenerated, adapted or translated software or derivative works.
This Software is licensed, not sold, to you by the Designer, and is licensed for use in accordance with the terms of this Agreement. As a licensee, your ownership of the media and/or device on which the Software is recorded, if any, is distinct from and does not grant any right, title or interest in and to the design of the
Font or the Font Software itself. All copies of the Software downloaded or installed, including the copies of any Software that accompany this document either as part of a downloaded file or on recorded media remain the exclusive property of the Designer. The Font Software and the design of the Font embodied therein are the exclusive property of the Designer and are protected under both domestic and international copyright, trademark and unfair competition laws. The various names of the Fonts are the trademarks of the Designer. All other trademarks are the property of their respective owners, and may be registered in the United States and/or other jurisdictions. Except as stated herein, this Agreement does not grant you any rights to trademark or any other intellectual property rights in the Font Software or in any typeface design.
You agree to credit the Designer as the trademark and copyright owner and creator of the Fonts, in the following manner: Font Name © Blythe Green / blythegreen.com, wherever and whenever design production or any other credits are shown.
Any breach of the terms of this Agreement shall be cause for termination of this License. In the event of termination, and without limitation of any remedies under law and equity, you agree to immediately return the Font Software to the Designer and certify that no copy remains in your possession or control.
REVOCATION OF WARRANTIES
Subject to the representations and warranties stated herein, the Font Software is provided "AS IS" and without fiduciary obligation to you or other warranties of any kind and the Designer of the Font Software hereby expressly disclaims all warranties, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The Designer does not warrant that the operation of the Font Software will be uninterrupted or error-free, or that the Font Software is without defects. The Font Software is not intended and was not designed or manufactured for use in any circumstances where the failure of the font software could lead to death, personal injury, or severe physical or environmental damage. The Font Software is not fault tolerant and is not intended for use in the control or operation of devices or equipment for manufacturing, or for use in navigational devices. Under no circumstances shall the Designer be liable to you, or any third party, whether in contract or tort (including negligence) or otherwise, for any special, consequential, or incidental damages, including lost profits, savings or business interruption as a result of the use of the Font Software even if notified in advance of such possibility.
LIMIT OF LIABILITY
In no event will the Designer be liable to you for consequential or incidental damage (including damage from loss of business profits or savings, business interruption, loss of business information, and the like) or for claim by any party arising out of the use of or inability to use the Font Software, even if the Designer has been advised of the possibility of such damage.
Under no circumstances, subject to the conditions noted herein, shall the Designer's maximum liability to you or any third party exceed the replacement cost of Font Software or the provision of substitute software, at the sole discretion of the Designer.
You agree to indemnify and hold the Designer harmless from and against any claims or damage which may result from your breach of this License Agreement, up to a maximum indemnification amount equal to $50,000 USD. The Designer confirms that the typeface is an original design, created in good faith. The typeface uses and/or copies no material or work from an existing typeface to the best of the Designer’s knowledge. The Designer agrees to indemnify and hold you harmless against claims of plagiarism regarding the typeface design.
You acknowledge that you have read this agreement and understand it and that by using the software you will be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between the Designer and you which supersedes any proposal or prior agreement, oral or written, and any other communications between the Designer and you relating to the subject matter of this Agreement. No variation of the terms of this agreement or any different terms will be enforceable against the Designer unless the Designer gives express written consent, including a written express waiver of the terms of this. If any provision of this agreement is held void or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions of this agreement will remain in full force and effect. The Designer expressly reserves the right to amend or modify this License Agreement at any time and without prior notification.