End-User License Agreement ("Agreement")

Last updated: March 29, 2024

Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading or using the Typeface from OneTen The Studio, LLC.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of The Typeface.

Application means the software program provided by the Company downloaded by You to a Device

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to OneTen The Studio, LLC, C/O Northwest Registered Agent, LLC 502 W 7th ST, STE 100 Erie, PA 16502.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Country refers to: Pennsylvania, United States

Device means any device that can access The Typeface such as a computer, a cellphone or a digital tablet.

The Typeface / Font / Font Software means software or instructions which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. The Typeface shall include all bitmap representations of typeface and typographic designs and ornaments created by or derived from The Typeface. The Typeface includes upgrades or updates (each of which may be provided to you by OneTen The Studio, LLC in its sole discretion), related files, permitted modifications, permitted copies, and related documentation.

Third-Party Services means any services or content (including data, information, The Typeface and other products services) provided by a third-party that may be displayed, included or made available by The Typeface.

You means the individual accessing or using The Typeface or the company, or other legal entity on behalf of which such individual is accessing or using The Typeface, as applicable.

Acknowledgment

By clicking the "I Agree" button, downloading or using The Typeface, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or do not use The Typeface.

This Agreement is a legal document between You and the Company and it governs your use of The Typeface made available to You by the Company.

The Typeface is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

License

Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use The Typeface strictly in accordance with the terms of this Agreement.

You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to access The Typeface (i) only in a Licensed Unit, (ii) only for your Personal or Internal Business Use, and (iii) only subject to all of the terms and conditions of the Agreement. Licensee may install and use the Fonts on one personal (and/or) one work computer.

Permitted uses:

Licensee may freely use The Typeface in personal or commercial products and projects.
Licensee may import and alter the bezier outlines of the Typeface in a drawing program.
Licensee may use the Typeface in design software such as Sketch, InDesign, Illustrator, or similar software for the permitted uses outlined in this Agreement.

Basic License

The basic license covers the following: Logo, Print, Web, Social Networks for one (1) end user. This is a license for a person working independently.

Can I use this font for my logo?

YES. This is covered by the basic license (Logo, Print, Branding, Web, & Social Networks).

The Basic License does NOT cover:

An app where customers can use the font to customize products (like Zazzle or Minted)
Ebook Use
Template Use

Ex: Website Templates (this requires a server license for each template you are planning on using the font in)

Customizable PDF
Server Upload
E-pub Use

In any of these scenarios, please email us for a custom license at type@onetenthestudio.com.

The Basic License DOES cover:

Logos
Branding
Non-editable Invitations
Packaging
Products
Canva Use
Downloadable PDF

If used for downloaded PDF (ex: pricing or services guide), the font must be rasterized (made into an image) or outlined.

Use on a single website up to 50K views / month
Use by a single social media user, up to 50K followers on all platforms.

License Restrictions

You agree not to, and You will not permit others to:

License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit The Typeface or make The Typeface available to any third party.
Copy or use The Typeface for any purpose other than as permitted under the above section 'License'.
Resell any modification of the assets on its own.
Make the assets public or share the asset in any way.
Convert the files to web fonts on third-party platforms (such as FontSquirrel).
Use of the font is restricted for the creation of single letterform or alphabet products intended for resale.
Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of The Typeface.
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of The Typeface.
Install or use The Typeface on a computer or server that can be openly accessed via the Internet or other external network system.
Use OneTen The Studio, LLC fonts for direct or indirect political or religious communication without our prior written permission.
Commission a third party to modify, adapt, translate, reverse engineer, decompile, disassemble, or alter The Typeface. We offer full customization service to all of our typefaces, from just a few glyphs to whole families. Please contact us with your request and we will send you a quote.
Distribute, lend, rent, sell, give away, publicly or privately share any modified or unmodified version of The Typeface.
Licensee may not use the Fonts for any illegal or unauthorized purpose.
Designers cannot share files with their clients or collaborators. They must buy a license.

Use Cases

Desktop

The licensed font can appear in unlimited commercial and personal projects including, but not limited to, physical end products, social media, packaging, and paid ads.
Licensee may:

Use in Desktop Programs (like Adobe or Affinity) & Canva
Logos & Social Media (Social Networks)
Packaging, Paid Ads, Physical Products
Websites (in rasterized form ONLY)

The licensed font can appear in multiple websites owned or controlled by the Licensee (i.e. you have a Wordpress blog and a Squarespace store). Pageview limit agreed upon by level of license. Does not work for template sales.
Licensee may:

Websites owned by Licenseholder
Select Pageview limit at checkout
Can be embedded on website\

Licensee may NOT:

Not for print-on-demand applications (such as Printful)

If you wish to use our The Typeface in this case, please email us at type@onetenthestudio.com for a custom license.

Social Media

The licensed font can appear in multiple social media account graphics owned or controlled by the Licensee under the Basic License (i.e. you use the font in your Pinterest Graphics as well as Instagram). Pageview limit: up to 50K followers across all platforms (ex: 5,000 followers on Instagram and 15,000 followers on Pinterest are covered as the total number in this example is 20,000 followers across both platforms).

The license font can appear in one app, but is limited to 100K downloads. This is phone, tablet, and computer apps. This does not apply to SaaS Products.

e-Pub

The licensed font can appear in one title, but there is no limit to how many times that title can be sold. Any additional titles will need additional licenses.
Licensee may:

One license per title
Can be embedded but not extractable

Licensee may NOT:

Not for print-on-demand applications (such as Printful)

If you wish to use our The Typeface in this case, please email us at type@onetenthestudio.com for a custom license.

Template License

The licensed font can be included in ONE Canva, ShowIt, Squarespace, Corjl, Templett, and other templates for sale (one product per license). Under no circumstances can the font files be extractable or included in the download.
Licensee may:

For use in ONE template for resale
Must include links for customers to purchase

Licensee may NOT:

Cannot include font files in download
Font files cannot be extractable

Server License

The licensed font can appear on company platforms such as automated marketing systems (CMS), SaaS-based print-on-demand (like Printful, Minted, Zazzle), and dynamic digital signage.
Licensee may:

For use in ONE platform
Must include links for customers to purchase

Licensee may NOT:

Cannot include font files in download
Font files cannot be extractable

Third-Party Services

The Typeface may display, include or make available third-party content (including data, information, The Typeface and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable Third parties' Terms of agreement when using The Typeface. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting The Typeface and all copies thereof from your Device or from your computer.

Upon termination of this Agreement, You shall cease all use of The Typeface and delete all copies of The Typeface from your Device.

Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

Ownership

Licensor retains all ownership rights in the Typeface, including but not limited to copyright, trademark, and patent rights.
The Typeface is the intellectual property of Licensor and is protected by copyright laws and international treaty provisions.
Licensee acknowledges that this Agreement does not transfer ownership of the Typeface and that all rights not expressly granted herein are reserved by Licensor.

Distribution and Marketing

Licensee may not distribute, lend, rent, sell, give away, publicly or privately share any modified or unmodified version of the Typeface.
From the moment the use of a license is made in any way public by You, Licensor is entitled to use Your company’s name, as well as other trademarks, websites, images, and videos of the use for marketing reasons only.
Designers (or Licensee) cannot share the Font Files with co-workers, clients, or collaborators. They must purchase their own license.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of The Typeface; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Typeface is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to The Typeface, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that The Typeface will meet your requirements, achieve any intended results, be compatible or work with any other software, The Typeface, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of The Typeface, or the information, content, and materials or products included thereon; (ii) that The Typeface will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through The Typeface; or (iv) that The Typeface, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.

Licensor is not responsible for technical and/or design support.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for The Typeface or through The Typeface or 100 USD if You haven't purchased anything through The Typeface.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use The Typeface, third-party software and/or third-party hardware used with The Typeface, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

Severability and Waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Product Claims

The Company does not make any warranties concerning The Typeface.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

By continuing to access or use The Typeface after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use The Typeface.

Governing Law

This EULA is governed by the laws of the State of Pennsylvania. Any disputes arising out of this EULA shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of The Typeface and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.