NOSTALGIC DOLPHIN — END USER LICENSE AGREEMENT

DESKTOP LICENSE

This End User License Agreement for Font Software (“Agreement”) is made between you (“Licensed User”) and Igor Petrović (Nostalgic Dolphin Studio) (“Licensor”). By purchasing and/or downloading the Font software (“Font”), the Licensed User agrees to be bound by the terms of this Agreement.

1. GRANT OF LICENSE AND RIGHTS

Subject to the terms and conditions of this Agreement, Licensor hereby grants the Licensed User a permanent, non-exclusive, worldwide, non-transferable license to use the Font. By this agreement, this Font is licensed, not sold, to you. Except for your right to use this Font under the terms of this license, all other rights are owned and retained by Igor Petrović.

This license prohibits Licensed User the right to sublicense, redistribute, modify, reverse engineer, decompile, or disassemble the Font software. The licensor confirms that he has the right to grant the license herein and that the Font does not infringe upon the intellectual property rights of any third party.

2. NUMBER OF USERS

One purchased desktop license covers one Licensed User (single person). 

3. THIRD PARTIES

Licensed User is allowed to temporarily provide the Font to a third party (Agent), for example, a designer or print service. The Agent is permitted to use the Font only for the service done on the Licensed User’s behalf and must delete all the Font copies after the service is completed (or purchase their own license).

If the Agent interacts with the Font in Edit Mode (its service requires typing or editing text) it is counted as a user. 

Example: The Licensed User who purchased the font is not a designer and doesn’t interact with the font in Edit Mode, but hired two designers who interact with the Font in Edit Mode. In this case, 2 Desktop Licenses are required (0 for the Licensed User, and 2 for Agents). 

If the Agent interacts with the Font in read-only mode (its service requires only reproducing the artwork or document but not typing or editing text) it is not counted as a user.

4. PERMITTED USE AND RESTRICTIONS

Desktop license permits Licensed User to use the Font to create digital files (Files) for personal and commercial projects. Files can be distributed (print or screen, including the web) if they are in rasterized form (such as GIF, JPEG, or PNG) or in vector form if the text is outlined (non-editable). Desktop license permits using the Font to create logos and logotypes.

It is permitted to embed the font in document formats that allow font embedding, such as PDF. The font must be embedded in such a way that the reader is restricted from changing its embedding permissions, extracting the Font from the document, and creating or editing content using the Font (read-only mode).

Files can be applied to a physical medium — printed for example — if the number of copies doesn’t exceed 250,000. Otherwise, a “Large Volume Use License” is needed.

It’s permitted to use the Font for making digital and physical products for resale (such as design templates or T-shirts) as long the text is outlined (non-editable), the Font is not embedded/cannot be extracted, and the text used in the design cannot be personalized/customized (for example Customer’s name on the mug). The option to customize the text in products for sale requires a special license.

We reserve the right to check if you use the font according to the license that you purchased.

Desktop License prohibits all of the following uses that all require a special license:

  • Use the Font in web apps on a user level (such as Canva, Figma, etc.)
  • Embedding the Font in apps (desktop, mobile, web, or other software) on a developer level (app that you are developing, for example)
  • Using the font as a web font by embedding it in various web products (website, email, digital web ads, and similar). Here you can use the rasterized images (made using the Font)
  • Embedding the Font in electronic devices, digital games, ebooks
  • Making derivative typesetting products for sale where the Font characters are the primary element and where they can be composed by end users (of such products) to create words in digital (animated font i.e.) or physical (plastic alphabet i.e.) form.
  • Using the Font to create artwork for all forms of video, animation, television, cinema, and broadcast. These uses include titles, subtitles, captions, credits, overlays, slides, and interstitials and similar. Here is prohibited to use the font even in rasterized/outlined form.

Please contact us at hello@nostalgicdolphin.com if you need a license that permits some of the restricted uses. We also offer an “Enterprise License” (aka “worry-free”) that unifies all (or some of) other licenses, depending on your needs.

5. REFUND POLICY

This license is non-refundable. You can contact us to get the Font for a free testing period. By purchasing the font you confirm that the font looks and works properly. If you encounter a problem with the font functionality, we will make a good-faith effort to provide you with a solution and support.

6. FONT MODIFICATIONS

It is prohibited to modify the Font software (Font file), create derivative Font, or convert the Font to a different format without prior written consent from the Licensor. It is permitted to turn the text that is typed using the Font to outlines and then edit those outlines (for example for the purpose of logo, typography poster etc.).

7. TERMINATION

This License is effective until terminated. It shall automatically terminate if Licensed User breaches any term or condition of this Agreeement, in which case Licensed User must discontinue use of the font and delete all copies that control or possess.

8. WARRANTY AND LIABILITY

THE FONT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE THE FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. THE FONT SOFTWARE IS NOT FAULT TOLERANT AND IS NOT INTENDED FOR USE IN THE CONTROL OR OPERATION OF DEVICES OR EQUIPMENT FOR MANUFACTURING, OR FOR USE IN NAVIGATIONAL DEVICES. UNDER NO CIRCUMSTANCES SHALL LICENSOR BE LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. Under no circumstances, subject to the conditions noted herein, shall Licensor’s maximum liability to you or any third party exceed the replacement cost of Font Software or the provision of substitute software, at the sole discretion of Licensor.

9. GOVERNING LAW

This agreement is governed by the laws of Canada and the province of British Columbia.

10. COMPLETE AGREEMENT

You acknowledge that you have read this agreement and understand it and that by using the software you will be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between the Licensor and you that supersedes any proposal or prior agreement, oral or written, and any other communications between the Licensor and you relating to the subject matter of this Agreement. If any provision of this agreement is held void or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions of this agreement will remain in full force and effect. The Licensor expressly reserves the right to amend or modify this License Agreement at any time and without prior notification.

11. LICENSE UPGRADES

License upgrades may be purchased for uses that are prohibited or otherwise restricted by this license, by contacting us at hello@nostalgicdolphin.com