Briefcase Type Foundry Licence Agreement
This end-user licence agreement is a legally binding contract between yourself or (if you represent a legal entity) a legal entity, and the legal entity Tomáš Brousil and Radek Sidun - Briefcase Type Foundry s.r.o. (henceforth BCTF) for the use of font software associated with this agreement.
1. Licence agreement subject
1.1. This non-exclusive licence grants the end user the rights to use the BCTF font software for personal or commercial purposes, but is in no way a contract for the sale of BCTF software or its part. Digital files downloaded into a user's computer contain BCTF font software, which remains under the intellectual and proprietorial ownership of BCTF. Besides the right of the user to use BCTF software, granted by this licence, all other rights such as the name of the BCTF font software, current trade-marks and business names, remain the property of BCTP. The structure, organisation of, and the software code of BCTF remain a trade secret and you agree to treat them as such.
1.2. The fonts, and all of their copies, are protected by the Copyright Act of the Czech Republic. All copyrights, trademarks and other rights belong to BCTF exclusively.
1.3. By purchasing, installing and using the BCTF font software, the user (or by proxy his or her employer) agrees to adhere to the conditions set out by this contract. This contract specifies a general agreement between the user and BCTF. Should the user not agree with these conditions, he or she must not install or use the BCTF font software.
2. BCTF font software installation
2.1. The user may install and use the BCTF font software on five (5) computers in one (1) geographic location only. These computers may be connected and BCTF font software may be used for any number of outputs, but the font software may, for the purpose of permanent font setting in an output device, be placed into the memory (hard drive or RAM) of one (1) output device only. Should the user wish to place the BCTF font software on more than one output device, or install the BCTF font software on more than five computers, the user must purchase additional licences. The user must ensure that the installed BCTF font software is sufficiently protected against any means of unauthorised access from computer memory or against any other unauthorised use. The user may use fonts only in workstations (computers) and output devices (which may be laser or ink printers, or exposure units) which belong to the user.
2.2. The provided font software is configured for use in networks. The user may install the font software on one segment of a server for use on one local network for the purpose of one or other (but not both) of the following:
- permanent installation on a hard disk or other memory device of a maximum of five (5) computers and one output device
- use of the software over a network, under the circumstances that the software is not used on more than five (5) computers and one output device
2.3. Use of the BCTF font software on more than five (5) computers or one (1) output device is permitted only under the condition that the user has purchased the appropriate expanded licence.
3. Copying and transfer of licence
3.1. The user may create one (1) copy of the BCTF font software for archive or backup purposes. It is mandatory to also copy any ownership rights and trademarks of the BCTF font software and mark this copy with the same characteristics containing all ownership and copyright rights or trademarks of the original BCTF media.
3.2. A copy of a font and a backup archive of the BCTF font software may be placed in a Cloud application, local desktop, notebook or mobile device, or a workplace server only under the circumstances that the user is the only owner of the backup, or that he has delegated the duty to maintain this backup to one person. The backup may not be maintained by more than one (1) user.
3.3. Unless stated otherwise, you may not copy, distribute or otherwise bestow fonts to third parties for their, or other, uses of the BCTF font software.
3.4. You may transfer all your rights of use of fonts to another physical or legal entity, under the conditions that the acquiring party accepts and agrees to the licence conditions and to the transfer of all obligations obligations to BCTF set out in this contract. The original user agrees to destroy all of his own copes of fonts and documentation including archive copies, and also agrees that he will not distribute or disseminate some or all parts of fonts online or by any other means.
4. Ownership and manipulation
4.1. The user acknowledges the fact that BCTF font software is the intellectual property of BCTF. BCTF font software and all of its components are protected by ownership laws and remain the property of BCTF. The licence user must not modify or remove the name of the BCTF font software, signature of the author, ownership right and trademark present in all files.
4.2. The licence user may convert and install the BCTF font software in other formats for use by other means only under the following circumstances:
• the computer that BCTF font software will be installed or used on will be considered as one of the permitted number of computers
• the use of the converted BCTF font software must be in accordance with the conditions of this licence agreement
• the converted BCTF font software may be used only for the licence holder's internal needs and must not be in any way distributed or transferred
4.3. Imitating or giving consent to imitating BCTF font software or its components, or fonts similar to those of BCTF font software, or its components, is prohibited.
4.4. Embedding BCTF font software into electronic documents or Internet pages is permitted only in secure, read-only mode. The BCTF font software licence user must ensure that the recipients of electronic documents or web pages are not be able to extract BCTF font software from these documents, or use the embedded BCTF font software for adapting or creating new documents.
4.5. Making BCTF font software freely accessible and freely downloadable over the Internet through any means is prohibited.
5. Guarantee and liability
5.1. BCTF guarantees that BCTF font software will work according to technical specifications for ninety (90) days after receipt. Should any fault to BCTF font software occur, the only means of correction by BCTF and liability of BCTF towards the licence user is repair or replacement of faulty parts of BCTF font software. The guarantee does not extend towards BCTF font software converted or modified by the licence user.
5.2. BCTF does not give any guarantee reylating to the performance, results or sales consequent to the use of BCTF font software.
5.3. BCTF has no liability to replace BCTF font software to the user, or return the amount paid by the user, if the disfunction of BCTF font software occurred as a result of an accident, misuse or incorrect use, or if any BCTF product had been lost or destroyed due to theft, fire or negligence.
5.4. BCTF is in no way responsible towards the licence user or any other third party for any direct, indirect, secondary or accidental damages (including damages from loss of business, cessation of trade, loss of trade information and similar), caused by incorrect use or unqualified manipulation with BCTF font software, even if BCTF may have been made aware of the possibility of such damages
5.5. Should the user severely breach the contract, resulting in damages to BCTF, BCTF will apply claims for compensation and payment for such damages to the user.
6. Licence validity termination
6.1. Should the user not agree to the statutes set out in this contract after the expiration of the guarantee period for any reason, or should he or she breach any condition of this licence agreement, BCTF reserves the right to immediately terminate the licence contract without any financial compensation. The user must then either return the BCTF font software and all of its associated components (media, original, software copies and all associated parts) to the licence provider, or destroy them and thus cease to use them.
6.2. The user will inform his or her employer, or any other persons with access to BCTF font software, copies and conditions of this BCTF font software licence agreement, of cessation of the license agreement, and will ensure strict adherence to the licence conditions.
7.1. This BCTF font software licence agreement is governed by the laws of the Czech Republic. The user of the BCTF font software licence agreement confirms that he or she has read all statutes of this licence agreement, understood them and agrees to all obligations and conditions set out by this licence agreement.
7.2. The user furthermore agrees to inform any other persons with access to the BCTF font software to ensure that they act in accordance with the conditions of this contract.
8. eBooks extended licence
8.1. The use of BCTF font software pertains to design, development, integration, implementation and publishing of electronic books in mobile devices. The user must ensure that embedded BCTF font software is sufficiently secured against any means of unauthorised access, extraction or other forms of use by third parties.
8.2. You may use BCTF font software for one to five (1-5) electronic books simultaneously for various mobile platforms (see Approved Formats). If the electronic book is identical for all platforms, one (1) mobile licence per electronic book is sufficient.
8.3. The BCTF font software must not be converted by the licence user and installed in other formats for use in other devices. BCTF font software formats are designed solely for use in electronic books and and for display in mobile devices, and cannot be used for printing purposes or any other forms of use. You may utilise an online application during the process of designing an electronic book.
8.4. The BCTF font software is valid for for integration and font insertion into devices with the following valid formats:
• AZW, PDF, EPUB, BBeB, MOBI. If your device is not included in this list, it is not supported by this licence.
8.5. You may not use BCTF font software in formats not designated for mobile platforms (e.g. game platforms, operating systems, etc.).
9. Mobile fonts extended licence
9.1. The use of BCTF font software pertains to design, development, integration, implementation and publishing of Mobile applications for Mobile devices. The user must ensure that embedded BCTF font software is sufficiently secured against any means of unauthorised extraction from Mobile applications, or other forms of use by third parties.
9.2. You may use BCTF font software for one to five (1-5) Mobile applications simultaneously for various mobile platforms (see Approved Formats). If the Mobile application is identical for all platforms, one (1) mobile licence is sufficient.
9.3. The BCTF font software must not be converted by the licence user and installed in other formats for use in other devices. BCTF font software formats are designed solely for use in Mobile applications and and for display in mobile devices, and cannot be used for printing purposes or any other forms of use. You may utilise an online application during the process of designing an application.
9.4. The BCTF font software is valid for for integration and font insertion into devices with the following operating systems:
• OS: iOS, Android, Windows Phone, Blackberry, Palm OS, WebOS, Symbian. If your mobile device is not included in this list, it is not supported by this licence.
9.5. You may not use BCTF font software in formats not designated for Mobile devices (e.g. game platforms, operating systems, etc.).
10. Web fonts extended licence
10.1. The use of BCTF font software pertains to own designs of personal or commercial web pages and for making fonts, together with your webpage, accessible for display on a web server. The user must ensure that embedded BCTF font software is sufficiently secured against any means of unauthorised extraction from web pages, or other forms of use by third parties.
10.2. The licence for the BCTF font software differs according to the number of views of the web pages per month. The basic licensed number of web page views is 10.000 per month. If this number is exceeded, a licence with the appropriate number of monthly web page views must be purchased.
10.3 You may use the BCTF font software on one to five (1-5) domains (URL). This encompasses appropriate domain names with various suffixes, providing they display identical content. The user must not use BCTF font software for sub-domains, whose content he or she dos not administer, or which are administered by another person.
10.4. The BCTF font software must not be converted by the licence user and installed in other formats for use in other media. BCTF font software formats for creating web content are designed solely for use in web pages, and cannot be used for printing purposes or any other forms of use. You may utilise an online font preview application during the web page design process.
Briefcase Type Foundry – Tomáš Brousil, Radek Sidun, Maiselova 25/4, 110 00 Praha 1, Czech Republic