Surreal Foundry End User Licence Agreement (“EULA”) becomes a binding contract between you (the Licensee), and Surreal Foundry when you commence a download of the Licensed Font/Typeface, or if you acquire Font/Typeface Software on a permanent medium, when you open the package in which the software is contained. If you do not wish to be bound by the EULA, do not purchase, access, download and/or install or otherwise use the Font Software.
Please read all of the EULA before agreeing to be bound by its terms and conditions. Surreal Foundry operates exclusively on a B2B basis, it does not contract directly to the general public. It does not deal with consumer sales and/or licensing. By continuing you are confirming that you are not a consumer for the purposes of the Consumer Credit, Consumer Rights, and Sale of Goods legislation and that you are in business and placing an order for the purpose of that business and not for personal use.
You hereby agree to the following:
- Grant of License
Subject to receipt of all fees payable under this Agreement, Surreal Foundry hereby grants to you a non-exclusive, non-transferable, non-sublicensable licence to use the Licensed Font(s) on the web, for styling HTML web pages, using CSS @font-face. You may use one Licensed WebFont on one domain name (URL) only. You cannot link the WebFont files across multiple domains. (Workplace intranets are restricted to these same conditions.) The Licensed WebFont(s) may be used on any website owned/controlled by you. Should any additional or uses not permitted under this license be desired, contact Surreal Foundry to request the appropriate license upgrade.
- WebFont Formats
Surreal Foundry Licensed Font(s) are made available in the following file formats: TTF, EOT, WOFF2, WOFF, and are generated from the latest version of the desktop font. You are responsible for hosting the files and referring to them with code that you administer. Surreal Foundry simply provides the files “as is,” and is not responsible for tech and/or design support.
You MAY only put online and/or link to the EOT or WOFF file formats provided by Surreal Foundry. You MAY NOT put online and/or link to any other file format, including, but not limited to, Truetype or OpenType.
Use of the Licensed Font(s) with web font technologies other than @Font-Face, such as (by way of example, not limitation), slFR, Cufon or Typeface.js is not permitted.
Surreal Foundry Licensed Font(s) are available on a subscription model. In the case of web-fonts, there is no limit to the number of views.
The Licensed Font(s) may not be sold, re-sold sub-licensed or otherwise made available, irrespective of the technology or methods used, to any 3rd party or by any Licensed Font provision service irrespective of whether for payment, in trade or without charge.
- Intellectual Property Rights
Surreal Foundry is and shall remain the owner of all intellectual property rights in the Licensed Font(s) and you hereby acknowledge that the Licensed Font(s) are protected under the Copyright, Designs and Patents Act and equivalent international and national laws and treaties.
- Copy Restrictions
Unauthorized copying, alteration or modification of this product (Surreal Foundry) Licensed Font(s)) is expressly forbidden. You are permitted to make archival copies of the Licensed Font(s) for your own purposes. You must also not disassemble, decompile, reverse engineer or create derivatives based on the whole or part of the Licensed Font(s) other than as permitted by law for the purpose of the Licensed Font(s) to achieve interoperability with another software program. You shall not distribute the Licensed Font(s) to people outside of your organization. The Licensed Font(s) may be embedded into websites using the CSS @font-face technique. The Licensed Font(s) may not be embedded into any other format or in any other way under this license.
Surreal Foundry warrants that the Licensed Font(s) licensed under this Agreement will perform substantially in accordance with the W3C specifications set forth at http://www.w3.org. This warranty will be effective for 25 days after the date of this License issues. All warranty claims must be made within the 25-day period and must be verified.
This warranty shall only apply as long as:
- the failure of the Licensed Font(s) is not a result of any modification of the Licensed Font(s) other than made by or on behalf of Surreal Foundry;
- any attempt to rectify the failure has been made by or on your behalf hasn’t been made;
- the failure is not attributable to causes external to the Licensed Font(s); or
- the Licensed Fonts(s) have not been used outside of the parameters granted.
- Limitation of Liability
This clause sets out Surreal Foundry’s entire liability to you for (a) a breach of this Agreement and (b) any statement, representation, tortious act or omission (including negligence) arising under this Agreement.
This includes Surreal Foundry’s liability for acts or omissions of our employees, agents, subcontractors or consultants.
Any and all other warranties, conditions or other terms implied by statute or common law are, as far as legally possible, excluded.
Surreal Foundry shall not be liable for any loss of profits, goodwill, reputation, business, anticipated savings, contracts, goods, data (or corruption of that data) or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
Surreal Foundry’s liability for all other claims which arise in connection with this Agreement shall be limited to the monies paid by you in the 12 months immediately preceding the date of the event giving rise to the claim.
Nothing in this section, or elsewhere in this Agreement, excludes or limits Surreal Foundry’s liability for:
- death or personal injury resulting from negligence; or
- any damage or liability you incur as a result of fraud or fraudulent misrepresentation by Surreal Foundry.
Without prejudice to any other rights or remedies which it may have, Surreal Foundry may terminate this Agreement without liability to you immediately on giving written notice to you if:
- you commit any remediable material breach of its obligations under this Agreement which is not remedied within 30 days (or where the breach is in relation to a failure to pay any amount due, 7 days) after the service of written notice specifying the breach and requiring it to be remedied; or
- you commit any non-remediable material breach; or
- you become, in reasonable opinion Surreal Foundry, unable to pay your debts
- On termination of this Agreement for any reason:
- you shall immediately and irretrievably delete the Licensed Web Font(s) (including your archival copies) from your systems; and
- Any Licence granted shall immediately terminate.
You agree to inform your employees or any other person having access to the Surreal Foundry Licensed Font(s) and copies thereof, of the terms and conditions, of this Agreement and to ensure that they shall strictly abide by these terms and conditions. You agree not to sublicense, sell, lease or otherwise transfer the electronic data without the prior written consent of Surreal Foundry.
- Events Beyond Reasonable Control
Surreal Foundry will not be liable for a delay or failure to perform its obligations if the delay or failure results from circumstances beyond its reasonable control. This includes (but is not limited to) acts of God, flood, fire, accident or impossibility of obtaining materials.
You may not assign, charge, sub-contract, sub-license (unless expressly permitted to do so in this Agreement) or otherwise dispose of any of its rights or obligations under this Agreement without Surreal Foundry’s prior written consent.
If any provisions of this Agreement are held to be invalid, illegal or unenforceable, then such provision(s) shall be severed from it, and the validity, legality and enforceability of its remaining provisions shall not be affected or impaired.
Waiver of any right(s) at any time shall not constitute a waiver of any right(s) at any future time.
Any breach of the terms and conditions of this agreement terminates your license to use the Licensed Font(s). After any termination of the Agreement, you must destroy any copies of the fonts, including your archival copies.
- Proper Law
This Agreement shall be governed by and construed in accordance with the Indian Law and the courts of India shall have exclusive jurisdiction to settle any dispute or claim.
Any and all rights not expressly granted in this Agreement are reserved to Surreal Foundry.
If you have any questions concerning this Agreement or any matters regarding our products, please email: vishnu[at]surrealfoundry.com