End user license agreement
Preamble
Please be careful to read this license agreement for the Digital Font you want to use.Our products are not sold, but are licensed to you as end user. This End User License Agreement (EULA) governs the use of Digital Font as presented on the pages of Resistenza.es, Rsztype.com and/or any Resistenza Type Foundry catalogs. It is concluded between you (hereinafter: the End user) and RSZ TYPE SL, owner of the Resistenza Type Foundry® label. By paying, downloading, installing and/or using Digital Fonts, you confirm that you have read and accepted the terms of this agreement whose terms bind you legally to Resistenza Type Foundry and that you have the legal capacity to contract. If you were not to accept the conditions above and below, do not purchase, access, download and/or install or otherwise use the Digital Font.
Contract terms and conditions
Except as expressly provided herein, Resistenza Type Foundry will grant you upon receipt of the full payment a user license defined into your license invoice and concluded, depending your device or media, into for a limited use or for the duration of copyright as defined by international conventions and begins on the date of acceptance of this contract.Ownership of the Digital Font
The Digital Font described on the pages of Resistenza.es, Rsztype.com and/or any Resistenza Type Foundry catalogs remains the property of Resistenza Type Foundry® (owned by RSZ TYPE S.L.) and/or to Designers having granted exploitation rights to Resistenza Type Foundry® owned by RSZ TYPE SL are protected by the Spanish Intellectual Property Code regardless of the country in which you are operating, by the copyright laws and intellectual property code, by other international treaties. Prohibited: modifying the Digital Font, disassembling, decompiling, extracting, altering, merging it with other software, using codes (even partial) or the typeface design contained in the Digital Font for purposes other than operation on the licensee’s own computers is prohibited and constitutes counterfeiting.Definitions
– Artwork: final document prepared for production and professional use – Broadcasting Content: any image flow and/or film, television, video content for broadcast and/or distribution and/or a projection such as, but not limited to, taking into account technological developments, television, cinema, video, DVD, VOD, Internet, festivals, concerts, etc.– Computer: means a device that manipulates digital information for a specific result based on a sequence of instructions.
– Derivative Artwork (spin): any product created for a commercial purpose, and as agreed by the Spanish Code of Intellectual Property, meaning that any visual element created from any glyph(s) or Digital Font from Resistenza Type Foundry.
– Device: Any piece of equipment, machine or component that attaches to a computer, tablets, hardware, software, firmware…
– Digital Font: means a software that includes typeface designs, outlines, glyphs, letters and their digital metrics when used with the appropriate computer plus any other data including documentation provided with it.
– Digital Publication: Any digital document to be marketed and whose layout and/or content are set in Resistenza Type Foundry Digital Font(s).
– ePub: electronic publication or Digital Publication in a downloadable file format that can be read and played on devices such as smartphones, tablets, computers, or e-readers.
– Free: means any Digital Font Free of charge and which use is solely authorised on a computer. Non-Commercial: means any project whose aim does not primarily refers to a mercantile vocation and/or a commercial purpose and which do not generate benefit received from third party.
– Intellectual property: As typographic design, the Typeface generated by the Digital Font is protected by the Spanish Intellectual Property Code (Real Decreto Legislativo 1/1996, de 12 de abril, Ley de Propiedad Intelectual)following but not limited to the articles 1, 2, and 10, regardless of the country in which you are operating, by the copyright laws and intellectual property code, by other international treaties.
– Internal Network: means a private, proprietary network resource only accessible by employees of a specific corporation or similar business entity. Internal Network does not include the Internet or any other network community open to the public.
– Internal User: user belonging to one single company. – Medium: channel or system of communication, information, or entertainment such as publication or broadcast on which information may be stored.
– Mobile App: or mobile application. It’s a computer program designed to run on mobile devices such as smartphones and tablet computers downloadable via mobile platforms.
– Mobile platform: standard for Mobile Application operating system, which determines which kinds of software can run on iOS (iPhone/iPad), Android, Windows Phone and Amazon App-Shop – Server: computer in a closed or open network which provides services that are used by the other computers.
– Try-out: means a reduced version (limited glyphs set) of one single Digital Font Desktop license which can solely be used to test the font on one single computer in order to check the quality of the design and the stylet. – User: Number of users who are authorised to install, use the Digital Font on their own computers.
– Workstation: Any computer which is not a server; this includes, but is not limited to, desktop computers, notebooks, netbooks, tablet PCs, multiprocessor computers.
– Website: group of related Web pages including multimedia content, typically identified with a common domain name and published on at least one Web server. A website can be available via an Internet network (IP), such as the Internet, or via a local private Area network (LAN), by referencing a uniform resource locator (URL)
– Self-Hosted Webfont: webfont installed on a web server to ensure maximum protection of licensed webfonts and to offer the best protection of extractions from web pages instead of one fraction of a second via the basic tools of a web browser. Unique identifier (unique ID): unique attribute which enables to identify a single and same content element of a web page or the insertion of a Digital Advertisement within a web page.
– Webfonts: Digital Font specifically designed in .woff and .woff2 intended to display text content of websites.
Users license: General Use
Resistenza Type Foundry® grants you a non-exclusive, non-assignable, non transferable license to use the Digital Font subject to all terms and conditions of this EULA for the number of Devices(s), or Medium(s) owned by the user. Authorised users may install and use copy of the Digital Font on up to the permitted number of Devices or Mediums owned by the user following the specific conditions specified on your authorised user license: See Desktop License, Artwork License, App License, ePub License, Broadcasting License, Server License, Corporate License. The Digital Font may not be installed or used on a computer or server that can be openly accessed via the Internet or other external network system. You agree that you will not distribute or disseminate all or any part of the Digital Font through any online service. The subscription for any Webfont from Resistenza Type Foundry can only be done via a secured services authorised to distribute Resistenza Type Foundry webfonts. Any Resistenza Type Foundry Digital Font converted into Webfont is prohibited and not covered by this license. Any digital file, EPS file, illustration, or anything derived from our Digital Font must be used according to this original licensing terms and may not be sub-licensed, given away, or sold without written permission from Resistenza Type Foundry®. Any specific licenses, upgrades which may be purchased at rsztype.com or by contacting Resistenza Type Foundry® will be required in such and similar cases, but not limited to:1. If the maximum number of Users or uses or Mediums which use the Digital Font exceeds those set by this EULA (End User License Agreement) as specified into your license invoice.
2. In case of Desktop license, if the number of users who use the Digital Font are in more than one geographic location.
3. In case of Server License, if the Digital Font is used with a server based application which enables the use of Digital Font for more than the permitted number of Users authorised by server.
4. If the Digital Font is used on any commercial product: see Artwork License, App License, ePub License, Broadcasting License, Server License, Corporate License.
5. If the Digital Font Is used to create digital files, eps, illustrations, artworks: see Artwork License.
6. Embedding in all Devices or Mediums: commercial electronic devices; video games; games consoles: see App License, ePub License, Broadcasting License, Server License, Corporate License.
Backup & Transfer
For the exclusive purpose of data backup, additional backup copies of the Digital Font can be made. The Digital Font or documentation may not be resold, rented, leased, sub-licenses or lent to another person or entity. Upon termination of the Agreement, you must destroy the original and any and all copies of the Digital Font. The unauthorised sharing, lending, renting, sale, or other unauthorised use or misuse of the back-up copy is a material breach of this Agreement and will result in the immediate termination of this License. Any transfer to a third parties requires a specific agreement contracted with Resistenza Type Foundry®.Typeface credits
The end user of this License agrees to do its best to credit Resistenza Type Foundry in conformity with the code of intellectual property, and international conventions and to the copyright regulations by indicating: Digital Font name, © designer name, Resistenza Type Foundry in the colophon or/and any place when generally printer name and generals credits appear.Working with clients, third parties
If you purchase your own license as a graphic studio, design or advertising agency, the ultimate end user (your client) should also purchase the corresponding user license for their intended use of the Digital Font. If you purchase a user license on behalf of your customer, your client must accept the corresponding workstation or media end user license on rsztype.com before any download and installation of the concerned Digital Fonts. Furthermore, any project by you as an agency or studio on behalf of your clients requires you to purchase the corresponding license for your own use even if it’s on the behalf of your clients. Any of these cases require the corresponding new license(s) or special upgrade(s) should be purchased at rsztype.com or by contacting us. The original license does not extend to uses by temporary employees or independent contractors using the Desktop license of the Digital Font. Users licensed are not allowed to send documents to third parties by including the Digital Font file composing content of the document. Content of any document sent to any third party must be vectorised or embedded inside an image (.PNG,.JPG,.TIFF…) or within a secured PDF format only for your own Personal or Business Use.Embedding
Embedding of the Digital Font into electronic documents, applications, Digital Publications, Mobile Applications, Broadcasting Content, internet pages or devices is only permitted as a subset of the Digital Font as long as the document, application or device is distributed in a secure format that enables solely the viewing and printing but not the editing of the text (read-only) and only for your own Personal or Internal Business Use. Any recipient of an electronic document which permit the use of the Digital Font for editing must necessarily belong to the corresponding Licensed Unit. – You need a specific license from Resistenza Type Foundry to use the Digital Font embedded inside documents, applications, internet pages, web applications or devices permitting editing of the text. Also, if your documents, applications, devices shall be distributed to third parties or if the Digital Font is embedded as a subset. See Artwork License, App License, ePub License, Broadcasting License, Server License, Corporate License.Server uses
The Digital Font may not be installed or used on any internal or external server from which, the Digital Font can be openly accessed via the Internet or other external or internal network system. Any Digital Font must be installed on secured server so that none of the remote users can neither have access any of the Digital Font file, nor being able to download the Digital Font, in any manner. The sole cases are authorised:– The server must necessarily be secured, so that it is impossible for any user to be able to download neither to access to the Digital Font file.
– Sole users included in the corresponding Server License can set text but cannot in any manner download neither having access to the Digital Font file.
Liability and termination of the end user licence agreement
The end user commits himself to undertake all necessary steps to prevent unauthorised access to the Digital Font delivered with your end-user license and to any copies of such. The end user agrees to inform the end user’s employees or any person who has access to the Digital Font to ensure that they shall strictly abide by these terms and conditions described in this end user license agreement. This end user license agreement shall automatically terminate in the event that the end user breaches any term or condition set forth herein. Notwithstanding any termination of this License, Resistenza Type Foundry reserves the explicit right to assert any further claims (specifically information, compensation for damages, etc.). This end user license agreement may only be modified by a writing signed by an authorised officer of Resistenza Type Foundry. In the event that the end user would not comply with the clauses of the present end user license agreement, Resistenza Type Foundry, reserves the right to immediately terminate this License Agreement, without any financial compensation, whatsoever. In this case, the end user would have to turn over the Digital Fonts, its components and digital data to Resistenza Type Foundry, and destroy all the copies held by him within seven (7) days starting the date of termination, thus prohibiting any further use. At the request of Resistenza Type Foundry, the end user would be obliged to provide written assurance that said deletion has occurred.Warrants and Disclaimer
The Digital Font, is provided “as it is”. Resistenza Type Foundry 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 Digital Font rests upon you. Resistenza Type Foundry does not warrant that the functions contained in the Digital Font will meet your requirements or error are Free. Any implied warranty obligation created by law is valid for a period of thirty (30) days only. You agree that there are no warranties of any kind after the above period. Resistenza Type Foundry cannot be held responsible for damage caused or supported by the end user and/or third party resulting from a misuse of the Digital Font. Resistenza Type Foundry reserves the right to amend or modify this End user license Agreement at any time without any prior notice, in order to account for future commercial and technical changes.Licenses – rules & restrictions
This End User License Agreement (EULA) is available in various licenses from which rights depend, according to device or medium on which Resistenza Type Foundry typeface is installed or used.1. Desktop License
Desktop License grants you the rights to use each Resistenza Type Foundry Digital Font on a computer (which runs on Mac OS, Windows or similar). – Any licensed Digital Font can solely be installed and used by the maximum number of users listed on the Desktop License invoice purchased. (1 computer = 1 end user). – This license is valid indefinitely, for the maximum number of users specified in its license invoice.– After full payment receipt, whatever the maximum users number, the entity listed into the Desktop license invoice remains the only license owner which must be located on one single geographical distinct site.
– Any embedded font used upon electronic or digital file for commercial purpose is not allowed with a Desktop license and requires the acquisition of the relevant licenses at Resistenza Type Foundry. Desktop License purchased on rsztype.com grants you the rights to use and sell digital files, eps, illustrations, artworks produced from one of our Digital Font: Alphabet or letterform-related products for resale, products on demand or any letterforms for creation products such as logotype, any crucial element of a commercial product, such rubber stamps, scrapbooks, templates, stencil products, temporary tattoos, adhesive alphabets, or any other products containing any derived images from the Typeface generated by the Digital Font of which any likeness of the alphabet can be reproduced.
– Any licensed Digital Font can solely be used by the maximum number of artworks listed into the desktop License invoice purchased. (1 desktop license = 1 derivative product/or 1 logo).
– Each derivative product name must be associated with the Desktop License Order number used (by you and your client) before confirming any artwork order, either via our contact form.
2. Annual App License
App License grants you the rights to use each Resistenza Type Foundry Digital Font as far as each font is securely embedded inside a Mobile App downloadable via Mobile platforms. – Any Digital Font and/or glyph licensed must be securely encapsulated inside each Mobile App.– Any licensed Digital Font can solely be installed and used by the maximum number of Mobile Apps listed into the App License invoice purchased. (1 App License = 1 Mobile App).
– After full payment receipt, whatever the maximum of Mobile App numbers, the entity listed into the App license invoice remains the only license owner.
– Each App License is granted for uses rights limited to one sole major version by Mobile App. An upgrade of the App License is required for each release update of the Mobile App, such as it’s moving from version 4.0 to version 5.0.
– You may not use any licensed Digital Fonts for incorporating them into any application, any software available from a server or for generating and/or for producing and not limited to word processing documents, spreadsheets, PDFs, scalable images, advertisements or any other documents or data files without specific authorisation from Resistenza Type Foundry.
– This App License does not allow you to use Digital Font in any application or software designed to be used on computer (Mac OS, Windows or similar). This license is valid for 1 year and should therefore be renewed annually.
– All App licenses are directly available on rsztype.com in STD versions. PRO version licenses are also available upon request via our contact form.
3. Annual ePub License
ePub License grants you the rights to use each Resistenza Type Foundry Digital Font as far as each font is securely embedded inside a Digital Publication for a commercial purpose via digital reading materials such as but not limited to eBook, eMagazine, eNewspaper, ePaper, ePublication, interactive PDFs.– Any licensed Digital Font or glyph must be securely embedded inside each digital publication which must necessarily be a non-executable file solely allowing screen display on any device or application or software, in order to be able to read digital publishing, such as, but not limited to PDFs, EPUB 2.01 EPUB3, KF8, AWZ.
– This License can only be installed on one single Computer of the entity listed into the ePub License invoice. Any other installation of the Digital Fonte on a Computer requires a Desktop license for the corresponding number of users. – Each licensed Digital Font can only be installed on the maximum number of Digital Publications listed into the ePub License invoice purchased (1 ePub license = 1 Digital Publication).
– After full payment receipt, whatever the maximum of Digital Publication numbers, the entity listed into the ePub license invoice remains the only license owner based on one solely issue by ePub license to be published for an unlimited time.
– It is stated that each Digital Publishing is distinct for each issue by title, i.e. that for each new content in a publication, a new ePub license is required. For example: if a magazine plans to publish 12 numbers of a single title each year during 5 years, they need an ePub license covering the 60 digital publications planned. But if that same magazine plans to publish the same number of publications for another magazine title, then they will have to opting for an ePub license covering the 120 digital publications planned.
– All ePub licenses are directly available on Rsztype.com in STD versions. PRO version licenses are also available upon request via our contact form. This license is valid for 1 year and should therefore be renewed annually.
4. Annual Self-hosted Webfont License
Self-hosted Webfont License grants you the rights to install each Resistenza Type Foundry Webfont acquired on a web server only in order to display the content of each web page (domain name) designed with licensed Webfonts. Each licensed Webfont may solely be used for the maximum number of domains and up to the maximum number of page views by month listed into the purchased Self-Hosted Webfont License invoice. An upgrade of the current license is required depending the number of domain names and/ page views by month stated or to come. 1 domain = 1 website including subdomain names. Each web server and each domain name must necessarily belong and/or being directly under full control or the licensed Entity listed in the purchased license. For providers, a specific license is required for each client project. Any Webfont use or any domain name not included in the current license invoice requires a specific Self-Hosted Webfont license, in addition of this license. 1 provider = 1 project and/or 1 client. After full payment receipt, the entity listed into the Self-Hosted Webfont license invoice remains the only license owner, Whatever the maximum number of domain names and/or pages views by month included in this invoice. License entity shall contact Resistenza Type Foundry in order to register any new domain name et proceed to required upgrades if necessary. Each Resistenza Type Foundry Webfont (in .woff and woff2 file formats) can solely be delivered by Resistenza Type Foundry. This license is valid indefinitely and does not autorise you to use any Resistenza Type Foundry Webfont in any application, any commercial product, neither to integrate them and/or to access via a device or a website without the appropriate license. This Self-Hosted Webfont License doesn’t allows you to use licensed Webfont in any application or in software designed to be used on a computer (Mac OS, Windows or similar). This license is valid for 1 year and should therefore be renewed annually.5. Annual Server License
Server License grants you the rights to install any Digital Font acquired at Resistenza Type Foundry on a secured server in order to permit remote users to generate customised documents with embedded fonts as PDFs, rasterised images or rasterised graphics (.PNG,.JPEG,.TIFF), custom T-shirts on which remote users can only download the final sketch or final Artwork for a unique and limited use produced by your tool.– Creating, designing, distributing and/or producing derivative products logotypes for any use not planned by your Server tool is not allowed and requires the acquisition of an Artwork License.
– This License can only be installed on one single Computer of the entity listed into the Server License invoice. Any other installation of the Digital Fonte on a Computer requires a Desktop license for the corresponding number of users.
– Any licensed Digital Font must be installed on secured server so that none of the remote users can neither have access any of the licensed Digital Font file, nor being able to download the Digital Font, in any manner.
– Any installation of the licensed Digital Font on a server is limited to the maximum number of servers listed on the Server license invoice purchased on Rsztype.com (1 server = 1 Server license).
– This license is valid indefinitely, for the maximum number of servers specified in its license invoice.
– After full payment receipt, whatever the maximum number of licensed servers, the entity listed on each Server License invoice remains the only owner of the acquired user license based in a sole and same geographic location.
– Each licensed server is limited to a maximum of 50,000 documents per month. Beyond that, it is required to upgrade the Server License for as many servers as number of documents authorised each month by server. – Installing Digital Fonts as well as giving access to fonts embedded to any remote user, or any processing unit, or any computer (Mac OS, Windows or similar), or any application or SaaS software running is not permitted.
– With this license, you will receive the fonts in OpenType format, please contact us for any other specific format. This license is valid for 1 year and should therefore be renewed annually.
6. Broadcasting License
Broadcasting License grants you the rights to display content set in the Digital Font, and/or use each Resistenza Type Foundry Digital Font as far as each font is securely embedded inside a Broadcasting Content for any onscreen broadcast such as but not limited to commercial, motion picture, music video, documentary, cartoon, TV show, TV news, TV series, TV movie, broadcasting, and similar. – Any licensed Digital Font or glyph must be securely embedded inside each Broadcasting Content and inside file formats suitable for its publication mode.– Any content set in the Digital Font, with the Broadcasting license is limited to the maximum number of titles listed into the Broadcasting License invoice purchased. (1 Broadcasting License = 1 title).
– This License can only be installed on one single Computer of the entity listed into the Broadcasting License invoice. Any other installation of the Digital Fonte on a Computer requires a Desktop license for the corresponding number of users.
– After full payment receipt, whatever the maximum title numbers, the entity listed into the Broadcasting License invoice remains the only license owner.
– This license is valid indefinitely, for the maximum number of titles specified in its license invoice.
– Each Broadcasting License is limited to a single distinct title (1 movie title or 1 episode title or 1 issue title…) in which embedded font content cannot include any derivatives product.
– Are strictly prohibited publishing editable dynamic texts by any third parties neither to integrate Digital Font file in any manner from any broadcasting content file.
– For each title, it’s also understood that any suite or adaptation requires to upgrade the Broadcasting License.
7. Corporate License
Corporate License grants to a single company, including solely all its internal users, an unlimited use rights of each licensed Resistenza Type Foundry Digital Font on a computer such as covered by Resistenza Type Foundry Desktop, App and ePub user licenses of this present End User License Agreement (EULA) and for which the licensed owner undertakes to inform all its internal users on the present rights and limits of use.– Any licensed Digital Font can solely be installed and used by the maximum number of internal users belonging to the solely company listed on the Corporate License invoice purchased.
– After full payment receipt, whatever the maximum internal users number, the entity listed into the Desktop license invoice remains the only license owner
– Production and execution of Digital Publication or Mobile App is solely unlimited for internal users belonging to the entity listed into the Corporate License invoice and only if each Digital Font and/or glyph must be securely embedded inside each Digital Publication and/or Mobile App in file formats suitable for such publication mode as defined in ePub and aApp licenses.
– This Corporate License does not allow to install any Digital Fonts on a server, any other uses than those described into Resistenza Type Foundry Desktop + ePub + App licenses and requires the appropriate license.
– Each Derivative Product designed by any third party on behalf of the entity listed into the Corporate license invoice, requires the third party to purchase its own Desktop License for as much Digital Font and users as needed.
– This license is valid indefinitely, for the maximum number of internal users specified in its license invoice.