NOSTALGIC DOLPHIN — END USER LICENSE AGREEMENT

WEB FONT LICENSE

BASIC TIER — 10k pageviews/month

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 WEBSITES

One purchased Web Font License permits embedding the Font on a single domain (and covers its possible subdomains). Each domain requires a separate license.

3. THIRD PARTIES

Licensed User is allowed to temporarily provide the Font to a third party (Agent), for example, a web designer. The Agent is permitted to use the Font only for embedding it on the Licensed User’s website and must delete all the Font copies after the service is completed.

If the Agent (for example, a web designer or agency) purchases the Font for the purpose of embedding it on a client’s website, then the client is the Licensed User.

4. PERMITTED USE AND RESTRICTIONS

This is the basic tier of Web Font License. It covers 10k pageviews/month as a traffic limit. For higher traffic tiers please contact us at hello@nostalgicdolphin.com

It is only permitted to embed the Font in a website using the @font-face syntax in CSS stylesheets.

The Licensed User may use only the Font files provided by the Licensor. Fonts purchased under this (web font) license will be in the format of WOFF or WOFF2. The Licensed User is prohibited from rasterizing or outlining the Font, converting it to the other format, and/or embedding the Font in standard desktop formats (OTF or TTF).

The Licensed User is prohibited from redistributing the Font with any website’s source code.

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

Web font license doesn’t cover the following uses, which all require a special license. It is prohibited to use/upload/install/embed the Font in:

  • Apps (desktop, mobile, web, or other software), either on the user level (Canva, Figma, and similar) or developer level (for example, a web app developed by you).
  • Any website that enables their end users to create custom typesetting with the Font. For example, an image editor with text features.
  • Automatically generated digital documents (for example, a PDF report)
  • Digital ads using CSS @font-face
  • Computer operating systems, such as Mac, Windows or Linux
  • Ebooks, Electronic devices, Digital games.

Please contact us at hello@nostalgicdolphin.com if you need a higher pageview tier or another 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