App Licence Agreement

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Dalton Maag Ltd Phone +44 20 7924 0633

d
9th Floor, Blue Star House Fax +44 20 7738 6410
234-240 Stockwell Road info@daltonmaag.com
London, SW9 9SP, UK www.daltonmaag.com

App Licence Agreement

We recommend that the Licensee prints this App Licence Agreement for further reference.

This Dalton Maag Ltd App Licence Agreement becomes a binding contract between the Licensee and Dalton Maag Ltd
when the Licensee commences a App Font Software download, or if the Licensee is acquiring App Font Software on
a permanent medium, when the Licensee opens the package in which the software is contained. If the Licensee does
not wish to be bound by this Licence Agreement, the Licensee cannot access, use, or download the App Font Software.
Please read all of this Licence Agreement before agreeing to be bound by its terms and conditions.

The Licensee hereby agrees to the following:

1 The Licensee is bound by this Licence Agreement and acknowledges that all use, embedding and
Distribution (as defined herein) of the App Font Software (as defined herein) supplied by Dalton Maag is
governed by this Licence Agreement.

2 “Dalton Maag” shall mean Dalton Maag Ltd, its successors and assignees, its parent and affiliated
corporations, its authorized distributors, and any third party which has licensed to Dalton Maag any or all of
the components of the App Font Software supplied to the Licensee.

3 “Licensee” shall mean the individual, company, corporation, or other organization subject to this App Licence
Agreement due to their Distribution of an App in which Dalton Maag App Font Software is embedded.

4 “Distribution” shall mean the provision, supply, promotion, sale, leasing, or lending to individuals outside of
your organization or household.

5 “App Font Software” shall mean the software provided by Dalton Maag for the purpose of embedding in
Apps. App Font Software shall include all bitmap representations of typeface and typographic designs
and ornaments created by or derived from the App Font Software. App Font Software includes upgrades,
updates, related files, permitted copies, permitted conversions, and related documentation.

6 “Device” shall mean a hardware component to which an individual is able to give commands (whether by
keyboard or otherwise), regardless of the locations of the individual, the App, the Device, or the App Font
Software.

7 “Software Product” shall mean a product that is software program and is not a Platform or operating system
that can run other software programs.

8 “App” shall mean a self-contained Software Product that runs on a Platform.

9 “Platform” shall mean a software program that is an operating system or software framework capable of
running other software programs.

10 “End-User” shall mean the individual giving commands (whether by keyboard or otherwise) to a Device on
which is installed an App in which the App Font Software is embedded, regardless of the locations of the
individual, the App, the Device, or the App Font Software.

11 “Hardware Product” shall mean a product that is hardware and contains a Platform capable of executing
Apps.

12 “Licensed Unit” shall mean the number of Apps permitted by the Licence. Apps which are functionally
equivalent and are marketed under the same name on multiple Platforms and are not Distributed preinstalled
on a Hardware Product are counted as one (1) App for the purposes of this Licence Agreement. Apps which
are functionally equivalent and are marketed under the same name on multiple Hardware Products are
counted as one (1) App for the purposes of this Licence Agreement only if the Hardware Products are also
functionally equivalent and marketed under the same name and model number. If the Licensee intends that
more Apps in which the App Font Software is embedded are Distributed than permitted by the Licensed

Registered Office: Mutfords, Hare Street, Buntingford, SG9 0ED


Registered in England No. 3103619. VAT Registered GB 603 0999 47
Dalton Maag Ltd Phone +44 20 7924 0633

d
9th Floor, Blue Star House Fax +44 20 7738 6410
234-240 Stockwell Road info@daltonmaag.com
London, SW9 9SP, UK www.daltonmaag.com

Unit, the Licensee should purchase an additional Licensed Unit of the correct size to cover the shortfall. The
Licensed Unit is specified in your invoice, receipt, or licence extension.

13 “Derivative Work” shall mean data based upon or derived from the App Font Software, or any portion of the
App Font Software, in any form in which such data may be recast, transformed, or adapted, including, but not
limited to, data in any format into which App Font Software may be converted.

14 The Licensee is hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly


permitted in section 26) licence to Distribute an App in which the App Font Software is embedded subject
to all of the terms and conditions of this Licence Agreement. The Licensee has no rights to the App Font
Software other than as expressly set forth in this Licence Agreement. The Licensee agrees that Dalton Maag
and/or its suppliers owns all right, title and interest in and to the Font Software its structure, organization,
code, and related files, including all property rights therein such as copyright, design and trademark rights.
The Licensee agrees that the App Font Software, its structure, organization, code, and related files are
valuable property of Dalton Maag and that any intentional use of the App Font Software not expressly
permitted by this Licence Agreement constitutes infringement of copyright. All rights not expressly granted
in this Licence Agreement are expressly reserved to Dalton Maag.

15 The Licensee shall not Distribute an App in which the App Font Software is embedded until it has paid the
applicable licence fee in full, or received an invoice for the licence fee and that invoice has not yet reached
its due date, or been given written authorization to Distribute an App in which the App Font Software is
embedded by Dalton Maag. The Licensee shall pay all applicable invoices in full within 30 days of each
invoice’s issue date. If the Licensee fails to pay any invoice when it is due, then, in addition to any other rights
and remedies available, Dalton Maag may charge the Licensee interest at a rate of 6% above Bank of England
base rate from the due date to the date on which the Licensee pays in full including any interest and/or
cancel the Licence, or suspend the Licence and charge the Licensee for all additional costs resulting from
such suspension and any subsequent resumption.

16 Upon termination of the Licence Agreement, or expiry of the Licence, the Licensee must cease Distribution
of all Apps in which the App Font Software is embedded under this Licence, and destroy all copies of the
App Font Software still in their possession. Assembled copies of any App in which the App Font Software is
already embedded are not included in this requirement.

17 The Licensee may Distribute an App in which the App Font Software is embedded only where the App Font
Software is contained entirely within the App, and is embedded in a secure manner with the End-User unable
to access or use the App Font Software outside of the App.

18 The Licensee may Distribute an App in which the App Font Software is embedded by electronic download,
supplied on physical media, or preinstalled on a Hardware Product.

19 The Licensee may not Distribute an App or Hardware Product in which the App Font Software is embedded
where the App Font Software represents a substantial component, the primary value, or main functionality of
the App or Hardware Product.

20 The Licensee may not Distribute an App in which the App Font Software in embedded if the App allows
the subsequent embedding of the App Font Software, or a Derivative Work thereof, in output files, such as
PDFs or scaleable images. However, the Licensee may Distribute an App in which the App Font Software is
embedded if the App allows the production of output files which contain only bitmap representations of the
result of executing the App Font Software, such as labelled photos or static images.

21 The Licensee agrees that it will take no action which will have the direct or indirect consequence of causing
the App Font Software to become available under, or subject to, any licence agreement other than this App
Licence Agreement.

22 The Licensee may not Distribute an App in which is embedded either a Derivative Work of the App Font
Software, or any version of the App Font Software not supplied by Dalton Maag. This Licence Agreement
does not grant the Licensee the right to Distribute an App in which is embedded a file provided by Dalton
Maag under other Licence Agreements.

Registered Office: Mutfords, Hare Street, Buntingford, SG9 0ED


Registered in England No. 3103619. VAT Registered GB 603 0999 47
Dalton Maag Ltd Phone +44 20 7924 0633

d
9th Floor, Blue Star House Fax +44 20 7738 6410
234-240 Stockwell Road info@daltonmaag.com
London, SW9 9SP, UK www.daltonmaag.com

23 The Licensee may not alter the App Font Software for the purpose of adding any functionality which the
App Font Software did not have when delivered to the Licensee by Dalton Maag. If the App Font Software
contains embedding bits that limit the capabilities of the App Font Software, the Licensee may not change or
alter the embedding bits.

24 The Licensee acknowledges that the typeface design and App Font Software are protected by the copyright,
design, and other intellectual property laws of England and Wales, by the copyright and design laws of other
nations, and by international treaties. The Licensee agrees to treat the App Font Software as the Licensee
would any other copyrighted material, such as a book. The Licensee may not copy the App Font Software,
except as expressly provided herein. Any copies that the Licensee is expressly permitted to make pursuant
to the Licence Agreement must contain the same copyright, trademark, and other proprietary notices
that appear on or in the App Font Software. The Licensee shall not produce Derivative Works of this App
Font Software. The Licensee is permitted to reverse engineer the App Font Software in order to produce
any compatible software product, provided that such a product is not a Derivative Work of the App Font
Software.

25 Where the Licensee identifies the App Font Software to End-Users of an App it shall do so only by the App
Font Software’s original name and in accordance with accepted trademark practice, including identification of
the trademark owner. Where an App has a font selection mechanism, the Licensee must ensure that the user
interface of that font selection mechanism displays the App Font Software’s original name only and cites
the source of the App Font Software. The Licensee may only use the App Font Software’s original name to
identify use of the App Font Software which effects a faithful reproduction of the underlying font and which
is of a quality sufficient to meet industry typographic quality standards. The use of any trademark as herein
authorized does not give the Licensee any rights of ownership in that trademark and all use of any trademark
shall inure to the sole benefit of Dalton Maag. The Licensee may not change any trademark or trade name
designation for the App Font Software.

26 The Licensee may not rent, lease, sublicense, give, lend, or further distribute the App Font Software, or any
copy thereof, except as expressly provided herein. The Licensee may transfer all the Licensee’s rights to
Distribute Apps in which the App Font Software is embedded to another person or legal entity provided that
the licensee notifies Dalton Maag in writing of the transferee’s details within seven (7) days of the transfer,
provided that the transferee accepts and agrees to be bound by all the terms and conditions of this Licence
Agreement and the Licensee destroy all copies of the App Font Software and provided the entirety of the
Licensed Unit is transferred.

27 Dalton Maag makes no warranty, express or implied, that this App Font Software is suitable for any specific
purpose. Dalton Maag will provide the Licensee with basic technical support on the correct exploitation of
the App Font Software in common software packages and operating systems upon request for a period
of twelve (12) months from the commencement of this licence agreement. Once Font Software has been
downloaded online or security seals broken on physical packaging, the software cannot be returned.
Otherwise, the Licensee has a right to cancel within fourteen (14) days of completion of the contract of sale.

28 Dalton Maag, or its appointed auditor, is entitled to inspect and have access to any premises, and to any
Devices, owned or operated by Licensee, at or on which this App Font Software is kept or used, for the
purposes of ensuring that the Licensee is complying with the terms of this Licence. The Licensee’s business
information shall remain strictly confidential by Dalton Maag and their auditor, who shall be granted access to
all the necessary documents to verify compliance with this and any other agreement with Dalton Maag. The
inspection shall take place within the Licensee’s usual business hours and after reasonable written notice.
Dalton Maag shall bear the costs of the inspection. However, if, in the course of the inspection, deviations to
the detriment of Dalton Maag are discovered, the Licensee shall bear the costs of the audit.

29 This Licence Agreement will be governed by the laws of England and Wales. For the purposes of the Sale
of Goods Act 1979, Supply of Goods and Services Act 1982, and the Consumer Contracts (Information,
Cancellation and Additional Charges) Regulations 2013, App Font Software is classified as computer
software.

30 This Licence Agreement shall automatically terminate upon failure by the Licensee to comply with its terms.
The termination of this Licence Agreement shall not preclude Dalton Maag from suing the Licensee for

Registered Office: Mutfords, Hare Street, Buntingford, SG9 0ED


Registered in England No. 3103619. VAT Registered GB 603 0999 47
Dalton Maag Ltd Phone +44 20 7924 0633

d
9th Floor, Blue Star House Fax +44 20 7738 6410
234-240 Stockwell Road info@daltonmaag.com
London, SW9 9SP, UK www.daltonmaag.com

damages of any breach of this Licence Agreement. This Licence Agreement may only be modified in writing
signed by an authorized officer of Dalton Maag.

31 The Licensee has the rights expressly set forth in this Licence Agreement and no other. All rights in and to
the App Font Software, including unpublished rights, are reserved under the copyright laws of England and
Wales and other jurisdictions. All rights reserved. This Licence Agreement may be enforced by Dalton Maag
or by an authorized dealer acting on behalf of Dalton Maag.

Version 1.0. For licences issued from 15 September 2014.

Registered Office: Mutfords, Hare Street, Buntingford, SG9 0ED


Registered in England No. 3103619. VAT Registered GB 603 0999 47

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