USER LICENSE AGREEMENT - VERSION 2


The terms and conditions outlined in this license apply to purchases made on or before 28 August 2020.



Number of users:


One (1) user = one (1) person.
Two (2) users = two (2) people etc.


You should purchase one user license for each person who uses the purchased product.


Each user can install their product on up to two devices (e.g. a desktop at the studio as well as a personal laptop or iPad for home or travel).


FOR EXAMPLE: Dan at ACME Studio has a rad new client and purchased a single user license for a brush set (thanks Dan!). Dan can install and use the brushes on his main studio desktop as well as his laptop for use at home or while traveling. It’s not cool for Dan to make copies to share with his colleagues in the studio though. They'll need to purchase a couple of extra licenses in order to install and use the brushes themselves, even if they’re all working on the same client, brand or project.


Allowed Usage:

True Grit Texture Supply products can: 

✔  Be used for personal or commercial use up to the limits detailed below.

✔  Be used to create physical end products offered for sale (up to 250,000 units).

✔  Be used in publishing projects including comics, book covers, magazines, editorial illustrations and childrens books (unlimited).

✔  Be used in broadcast (up to 500,000 lifetime views).

✔  Be used in print and outdoor advertising (local & national).

✔  Be used in digital banner advertising (unlimited).

✔  Be used in digital video advertising (500,000 lifetime views).

✔  Be used in desktop, web and mobile apps (single app). 

 

Need extended Usage?

Should you require additional usage limits or work for/with an organization with over $250 million USD annual revenue, get in touch for extended license pricing. 



Restricted Usage:

True Grit Texture Supply products cannot:

✘  Be sub-licensed, resold, shared, transferred, or otherwise redistributed (even for free).

✘  Constitute the entirety of a design and must be combined with original content such as typography, design, layout and other graphic design elements.

✘  Be installed into apps that they were not designed for use with. Eg. Photoshop brushes are licensed only for use in Photoshop or related Adobe products and cannot be installed in any other app such as Gimp, Krita, Affinity or Procreate. 

✘  Be distributed digitally via storage device, cloud service, download, torrent or any other file-sharing website either for free or payment.

✘  Be used in a product offered for sale where the True Grit product being used contributes to the core value of the final end product being sold (e.g using our texture brushes to create a texture pack for sale).

✘  Be used to create physical end products for sale over 250,000 units. For extended use licensing please get in touch.

✘  Be used by organizations or subsidiaries thereof with annual revenue of more than $250 million USD per annum without an extended license. For extended licensing please get in touch.


      Examples:


      YOU CAN: Use a purchased texture, brush or action to create a logo for a client.
      YOU CANNOT: Supply the source texture, brush or action to your client with the finished logo.


      YOU CAN: Use a purchased texture, vector or brush to create an artwork, design or product for sale.
      YOU CANNOT: Include a purchased product or a portion thereof in a downloadable texture, brush, or template pack (offered for free or sale) of any kind, even when the original product has been edited, flipped, mirrored or rotated to disguise it's original form.

       


      For questions, extended usage or studio and corporate pricing please do get in touch.


      True Grit Texture Supply is a Registered Trademark of:
      Kindred Studio Illustration And Design LLC.

      close

      USER LICENSE AGREEMENT



      GRAPHIC ASSETS LICENSE OVERVIEW

      This license refers to the use of True Grit Texture Supply software tools and stock graphics including digital brushes, swatches, color palettes, graphic styles, actions, effects, templates, vector files and texture images (collectively "Graphic Assets").



      View Font License

      (or see below)




      WHO IS THIS LICENSE FOR?

      Individuals, freelancers, creative agencies and organizations with less than 250 million USD in annual revenue. 

      HOW MANY PEOPLE CAN USE A PURCHASED PRODUCT?

      The number of users allowed is equal to the number of users chosen at the time of purchase on the product page. This is displayed on your receipt as the product quantity.

      HOW MANY DEVICES CAN IT BE USED ON?

      Each user can install or use the Graphic Assets on up to two devices for use by the same user (e.g. a desktop at the studio and a laptop or iPad for home or travel). 



      ALLOWED USES

      ✔  Print and digital publishing projects including comics, book covers, magazines, editorial illustrations and picture books.

      ✔  Music packaging in physical and digital formats.

      ✔  Social media content for personal, company and client use.

      ✔  Branding, logos, stationery, posters and signage.

      ✔  Creation of digital stock illustration & photography for sale including NFT's.

      ✔  Art projects and personal work.

      ✔  Physical end products offered for sale such as homewares, apparel, product packaging, art-prints, greeting-cards, posters, etc (up to 250,000 units).

      ✔  Video advertising (up to 500,000 lifetime views).

      ✔  Use in broadcast, film and streaming content (up to 500,000 lifetime views).

      ✔  Print and outdoor advertising (local & national campaigns).

      ✔  Desktop, web, mobile, and video game applications (single app).

       

       

      USES REQUIRING AN EXTENDED LICENSE

      (!)  Use by organizations or subsidiaries thereof with annual revenue of more than $250 million USD.

      (!)  Global or international print advertising campaigns.

      (!)  Embedding in create-on-demand or design-it-yourself software or services (individuals selling finished artwork or products for sale on print-on-demand sites OK).

      (!)  Any use over the limits described in the Allowed Uses section above.

      Need an extended license or additional usage limits? Contact us here. 


      USES NOT PERMITTED 

      ✘  Sub-licensing, resale, sharing, transfer or redistribution either for free or payment.

      ✘  Installation into apps other than the app the Graphic Assets are designed for.

      ✘  Distribution via any physical or internet-connected storage device, cloud service or file-sharing website either for free or payment.

      ✘  Reverse-engineering and/or use of a True Grit product to create a similar product offered for free or for sale. 

      ✘  Training of generative AI data sets and systems of any kind.

       

      View Full Terms Below.

      The above overview is provided for your convenience. Additional terms and conditions are contained within the full End-User License Agreement below. 

       

       

      GRAPHIC ASSETS END-USER LICENSE AGREEMENT

       

      This End-User License Agreement ("EULA") is a legal agreement between you and True Grit Texture Supply governing the terms of use of the digital content including software add-ons, brushes, swatches, color palettes, graphic styles, actions, effects, templates, vector files and texture images (collectively "Graphic Assets") that you are downloading or purchasing from True Grit Texture Supply, for yourself, your company, or your employer (hereafter collectively referred to as "you" or "The Licensee"). 

      Please read this entire document before agreeing to be bound. By purchasing the Graphic Assets, you agree to the terms of this agreement. 

      The Graphic Assets licensed under this Agreement are supplied to you by True Grit Texture Supply for USAGE ONLY and remain the intellectual property of the designer(s) of the Graphic Assets. True Grit Texture Supply and/or the designer(s) reserve all rights not expressly granted to you under this Agreement. Upon purchase of the Graphic Assets, you are granted a non-exclusive, terminable, and non-transferable license to use the Graphic Assets per the following terms and conditions. You may not exceed the scope of this License.

       

      1.0 END-USERS, DEVICES AND COMPATIBILITY

      1.1 - END-USER

      Individuals and legal entities (companies) as indicated at the time of purchase.

       

      1.2 - NUMBER OF END-USERS AND DEVICES

      Use of the Graphic Assets is explicitly limited to the number of Users selected at the time of purchase and displayed on your receipt as the product quantity. 

      For example:

      Product A x 1 = 1 user
      Product A x 2 = 2 users

      You must purchase a license that covers each user who will install or use the Graphic Assets. Each user can install or use the Graphic Assets on up to two devices (e.g., an office desktop plus a laptop or iPad), providing that the Graphic Assets are used only by the same user on both devices. 

      If you are a company purchasing a multi-user license for your employees, your employees must use the Graphic Assets subject to the terms of this Agreement. You must notify all employees who will use the Graphic Assets of the terms and conditions of this Agreement, and you are responsible for any misuse of the Graphic Asset(s) by your employees.

       

      1.3 - USE BY LARGE BUSINESSES, CORPORATIONS, AND LEGAL ENTITIES

      Companies, organizations, and employees thereof generating more than $250 million USD annual revenue are not permitted to use the Graphic Assets without purchasing an extended license.


      To obtain a quote for an extended license, contact us here.

       

      1.4 - DEVICE COMPATIBILITY

      You are responsible for ensuring your device(s) meet the minimum requirements to install and use the Graphic Assets. 

      Installable Graphic Assets such as Brushes, Actions, Patterns, Graphic Styles, Macros, Swatches and Color Palettes may only be installed in apps the product is designed for, and expressly indicated on the product page at the time of purchase. For example. Photoshop brushes are licensed for use only in Adobe Photoshop and compatible Adobe iPad applications and may not be installed in any other app such as Gimp, Krita, Pixelmator, Affinity or Procreate, even where such apps are theoretically compatible with the Installable Graphic Assets.

      Image-based (bitmap) Graphic Assets such as texture images (.jpg .tif and .psd files) may be used with any compatible application. True Grit Texture Supply does not warrant compatibility with applications other than those versions indicated on the Graphic Assets individual product pages. 



       

      USAGE

      This Agreement permits both commercial and non-commercial use.
       

      "Commercial" use is any use: (a) that involves an exchange of money or other consideration, (b) that promotes a business, product, or service, or (c) where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee's use of the Graphic Asset.

      "Non-commercial" use is use for solely personal purposes; any use that meets the definition of "Commercial use" can not be a Non-commercial use.

      Use of the Graphic Assets in the creation of printed and digital design works, rasterized images for web sites and otherwise for your personal use is permitted. If you design or create works for third parties, such as clients, you are considered a "Designer" and you may use the Graphic Assets to design or create design works for third parties, subject to the uses and limitations described in this Agreement, and providing that you notify those third parties of those obligations and restrictions in writing.

      You may not allow any third party to use your copy of the Graphic Assets.

       

      2.0 PERMITTED USES

      You may use the Graphic Assets for commercial and non-commercial uses within the limitations described below.

       

      • 2.1 - Create Physical End-Products: You may use the Graphic Assets to create physical end-products for free or for sale including, but not limited to, apparel, greeting cards, stationery, stickers, mugs, stamps, homewares, posters, signs, etc. up to a combined limit of 250,000 units.

       

      • 2.2 - Physical Product Packaging: Licensee may create physical packaging products used for resale or wholesale, including but not limited to, boxes, labels, jars, stickers, containers, etc., up to a combined limit of 250,000 units.

       

      • 2.3 - Digital Product Packaging: Licensee may create unlimited digital packaging such as digital book covers, podcast covers, audiobook covers and music album covers.

       

      • 2.4 - Digital designs: Licensee may create unlimited digital works for clients or for resale such as static designs, static website elements, graphics, graphs, illustrations, etc.

       

      • 2.5 - Stock Illustrations: Licensee may create unlimited digital stock illustrations, graphics, photos, designs and artworks for resale including NFT's. Any live or editable Graphic Assets such as vector brush strokes or effects layers must be outlined, flattened, or rasterized in the work for sale. Licensee is not permitted to embed or supply the Graphic Assets to the end-user or client with the finished work. 

       

      • 2.6 - Logos & Branding: Licensee may create unlimited logos, branding and collateral such as logos, letterheads, business cards, promotional materials and signage. Licensee is not permitted to supply the Graphic Assets to the end-user or client with the finished design. 

       

      • 2.7 - Print and Digital Publications: Licensee may use the Graphic Assets to create unlimited print or digital publications such as magazines, newspapers, novels, flyers, comics, picture books, physical music packaging, record covers or e-books.

       

      • 2.7 - Social Media: Licensee may create unlimited content for personal, individual, Licensee owned and/or client-owned and managed company social media accounts.

       

      • 2.8 - Physical (Printed) Advertisements in Local and National Markets: Such as billboards, signage, printed advertisements, etc. for commercial use. "Local" markets are defined as any distribution or display of advertisements within a 200mile / 320km radius within the borders of a single nation/country. "National" markets are defined as distribution or display of advertisements beyond a 200mile / 320km radius within a single nation/country.

        Printed Advertisements in Global markets or in markets comprising two or more countries require an extended license. Request a quote here.

       

      • 2.9 - Digital Banner Advertisements: Unlimited internet banner advertisements such as advertisements served by Google Ads, Bings Ads, Facebook Ads, Linkedin Ads, etc. 

       

      • 2.10 - Video Advertisements for Commercial Use or Non-Commercial Use: Broadcast, cinema and/or streaming via network, cable, internet, satellite, pay-per-view, video on demand, digital billboards and social media platforms allowed up to a limit of 500,000 lifetime views.

       

      • 2.11 - Content for Film, Broadcast & Streaming: such as motion picture and /or audiovisual works, entertainment, music videos, documentaries and TV series via broadcast, cinema and/or streaming via network, cable, jumbotrons, video-billboards, gas-pump screens, internet, satellite, pay-per-view, cinema, video on demand and social media platforms allowed up to a limit of 500,000 lifetime views.

       

      • 2.12 - Rasterized Graphics displayed on Websites, Software Apps, Mobile Apps, Desktop Applications, and Video Games: Licensee may use the Licensed Asset solely in a non-embedded, static, rasterized (bitmap) form in an unlimited number of mobile or desktop applications, websites, or video games. 

       

       

      3.0 PROHIBITED USES

       

      • 3.1- Resale, Distribution or Sub-Licensing the Graphic Assets or any modification of it in source file form is strictly prohibited. (e.g., as a stock asset or template). 

      • 3.2- Making public or distributing the Graphic Assets in any way that allows others to download, extract, copy, save or redistribute the Graphic Assets is prohibited. 

      • 3.3 - Reverse-engineering, decompiling, disassembling, modifying, adapting or otherwise attempting to re-create the Graphic Assets in order to create a similar product offered for free or for sale is prohibited. For example, you may not modify a purchased Photoshop Brush in order to create a new brush to be offered for free or for sale for use in Photoshop or any other app. Licensee is permitted to modify customizable or editable Graphic Assets settings for the purpose of using the Graphic Asset in accordance with the intended uses permitted in this Agreement.
         
      • 3.4 - Embedding of editable Graphic Assets or supplying source files with editable templates, whether distributed for free or for sale is prohibited. This includes but is not limited to downloadable or installable website templates, presentation templates, logo-templates, social media image templates and legal document templates.

      • 3.5 - Use in Personalised Create-On-Demand services: Any use that allows anyone other than the Licensee to customize digital or physical end products using the Graphic Assets is prohibited. This includes, but is not limited to, "print-on-demand", "made-to order", "download-on-demand" and "design-it-yourself" applications and services. An extended license may be available upon request.

      • 3.6 - Embedding in Software or Electronic Devices: Embedding the Graphic Assets into software applications, games, computer hardware, mobile devices and games consoles is prohibited. 

      • 3.7 - Use of the Graphic Assets as singular works: Textures, patterns, and images that are part of the Graphic Assets are not permitted to be used as the sole design element in any design work, illustration, logo or on a product for sale such as a coffee cup, t-shirt, greeting card, etc.

      • 3.8 - Falsely representing authorship and/or ownership of the Graphic Assets is strictly prohibited. 

      • 3.9 - Use in future technologies not yet in existence is excluded from the scope of this License.

      • 3.10 - Use of the Graphic Asset in illegal, harassing, threatening, fraudulent, or defamatory material, is strictly prohibited, including but not limited to:

        Material intended to cause physical or mental injury, emotional distress, death, disability, disfigurement, to any other person; Material that promotes racism, bigotry, hatred or physical harm to racial, sexual, religious or ethnic minority groups or individuals; Material intended to cause damage to any person or property; Material that seeks to harm or exploit children by exposing them to inappropriate content; Material that may constitute or contribute to a crime; Material containing information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, harassing, humiliating to other people (publicly or otherwise), libelous, threatening or otherwise objectionable. 

      • 3.11 Any other use that is not expressly permitted in this EULA is strictly prohibited.

       

       


      4.0 ADDITIONAL PROVISIONS

      4.1 - SOFTWARE BACKUP

      You are permitted to keep a single backup copy of licensed Graphic Assets in the cloud, locally on a desktop, laptop or mobile device, or on a studio server provided you are the only party who maintains or has access to this backup copy. 

      4.2 - ASSET MANAGEMENT

      Licensee may only upload the Graphic Asset to (i) a non-public server owned and controlled by Licensee or (ii) a non-public cloud storage service, cloud-based design app, or digital asset manager, account controlled by Licensee, in each case for use of the Graphic Asset by Licensee only, in accordance with the number of users governed by section 1.2 of this EULA.

      4.3 - SERVICE PROVIDERS

      Licensee is not permitted to sub-license or provide a copy of the Graphic Assets in their original form to any service provider or agents such as a graphic designer, commercial printer, web developer, or independent contractor who is working on behalf of the Licensee. Such service providers must purchase a license separately.

      4.4 - REFUNDS

      Refunds and exchanges are at the sole discretion of True Grit Texture Supply in accordance with our Dig It Or It's Free Policy. If you wish to claim a refund, you must (a) certify that no copy of the Graphic Assets remains in your possession or control and (b) provide proof of a valid sale and a valid sales receipt from True Grit Texture Supply. All claims for a refund must be made within one (1) week of purchase and are at the discretion of True Grit Texture Supply.


       


      5.0 IMPORTANT LEGAL PROVISIONS
       

      5.1 - RIGHTS RESERVED

      The Font Software and the design of the Font embodied therein are the exclusive property of True Grit Texture Supply and/or the designer and are protected under both domestic and international copyright, trademark and unfair competition laws. Licensee may not assert any ownership in the Graphic Asset itself nor any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the Graphic Asset. Any reference to the "purchase" or "sale" (or similar terms) of the Graphic Asset refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself. As a licensee, Licensee's ownership of the media and/or device on which the Graphic Asset is recorded, if any, is distinct from and does not grant any ownership right, title or interest in and to the design of the Graphic Asset itself. Except as stated herein, this Agreement does not grant you any rights to trademark or any other intellectual property rights in the Graphic Asset.

       

      5.2 - TERMINATION

      Any breach of the terms of this Agreement shall be cause for termination of this License. In the event of termination, and without limitation of any remedies under law and equity, you agree to immediately return or destroy the Graphic Assets, at the discretion of True Grit Texture Supply and certify that no copy remains in your possession or control.

       

      5.3 - REVOCATION OF WARRANTIES

      Subject to the representations and warranties stated herein, the Font Software is provided "AS IS" and without obligation to you or other warranties of any kind. TRUE GRIT TEXTURE SUPPLY AND THE DESIGNER OF THE FONT SOFTWARE EACH HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TRUE GRIT TEXTURE SUPPLY 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. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

       

      5.4 - LIMIT OF LIABILITY

      IN NO EVENT WILL TRUE GRIT TEXTURE SUPPLY BE LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE (INCLUDING DAMAGE FROM LOSS OF BUSINESS PROFITS OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) OR FOR CLAIM BY ANY PARTY ARISING OUT OF THE USE OF OR INABILITY TO USE THE FONT SOFTWARE, EVEN IF TRUE GRIT TEXTURE SUPPLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES, SUBJECT TO THE CONDITIONS NOTED HEREIN, SHALL TRUE GRIT TEXTURE SUPPLY OR THE DESIGNER'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 TRUE GRIT TEXTURE SUPPLY. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

       

      5.5 - INDEMNIFICATION

      You agree to defend, indemnify and hold True Grit Texture Supply and their suppliers including any designers of the Graphic Assets harmless from and against any losses, damages, expenses, and costs, including reasonable attorneys' fees, from any claim by a third party arising from or related to your breach of this Agreement or your act, error, or omission.

       

      5.6 - GOVERNING LAW

      This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Australia.

       

      5.7 - GENERAL

      You acknowledge that you have read this Agreement and understand it and that by using the Graphic Assets, you will be bound by its terms and conditions. No variation of the terms of this Agreement or any different terms will be enforceable against True Grit Texture Supply unless without its express written consent. In the event any collection or enforcement effort or any legal action is instituted by True Grit Texture Supply to interpret or enforce this Agreement, you will be responsible for paying reasonable attorneys' fees incurred by True Grit Texture Supply. True Grit Texture Supply expressly reserves the right to amend or modify this Agreement at any time and without prior notification.

       

      5.8 - TRANSACTION FEES

      All transactions are processed in Australia. Your bank or financial institution may charge an international transaction fee even when a transaction is processed in your local currency.

       

      Should you require any additional use that is not described within this Agreement, contact us here.

         



         

         

         

        FONT LICENSE OVERVIEW

         

        END USER

        Our commercial font license covers the use of our fonts by individuals, freelancers, creative agencies and organizations with less than 250million USD in annual revenue. 

         

        NUMBER OF DESKTOP USERS

        The number of desktop users allowed to install and use a purchased Font is equal to the quantity chosen at the time of purchase and displayed on your receipt. When purchased as part of a multi-product bundle the Font is licensed for use by up to 3 desktop users.
         

         

        ALLOWED USAGE 

        ✔  Print publishing projects, flyers, posters, etc.

        ✔  Music, Audio and Podcast packaging in physical and digital formats.

        ✔  Branding, logos, stationary, signage (font must be outlined).

        ✔  Self-promotion, social media content.

        ✔  Art projects and personal work.

        ✔  Digital banner advertising.

        ✔  Use on websites using the @font-face selector up to the monthly pageview limits specified on your receipt.

        ✔  Physical end products offered for sale such as homewares, apparel, product packaging, art-prints, greeting-cards, posters, etc (up to 250,000 units).

        ✔  Content and titles for broadcast, film and streaming services (up to 500,000 lifetime views).

        ✔  Video advertising (up to 500,000 lifetime views).

        ✔  Print and outdoor advertising (local & national campaigns).

        ✔  E-publications (read-only up to 250,000 combined units).

         

        USES REQUIRING AN EXTENDED LICENSE

        (!)  For use by organizations or subsidiaries thereof with annual revenue of more than $250 million USD

        (!)  Global or international advertising campaigns (print & broadcast).

        (!)  Use in print-on-demand or design-it-yourself software or services.

        (!)  Any use exceeding the limits described in the Allowed Uses section above.

        Need an extended license or additional usage limits? Contact Us Here. 

         

        USES NOT PERMITTED 

        ✘  Sub-licensing, resale, sharing, transfer or redistribution either for free or payment.

        ✘  Use in alphabet or letterform products consisting of individual letterforms such as alphabet stickers or rubber stamps.

        ✘  Linking or embedding of desktop OTF font files on any website.

        ✘  Embedding in software, applications or electronic devices.

        ✘  Embedding in website templates or document templates.

        ✘  Trademarking of logos created with a purchased Font.

         

         

        View Full Terms Below.

        The above overview is provided for your convenience. Additional terms and conditions are contained within the full Font End-User License Agreement below. 

         

         

        FONT END-USER LICENSE AGREEMENT


        This End-User License Agreement ("EULA") is a legal agreement between you and True Grit Texture Supply governing the terms of use of the Font Software (collectively, the "Font" or "Font Software") that you are downloading or purchasing from True Grit Texture Supply, for yourself, your company, or your employer (hereafter collectively referred to as "you" or "The Licensee"). Please read this entire document before agreeing to be bound. By purchasing the Font Software, you agree to the terms of this EULA agreement. 

         

        The Font Software licensed under this Agreement is supplied to you by True Grit Texture Supply for USAGE ONLY, and remain the intellectual property of the designer(s) of the Font Software. True Grit Texture Supply and/or the designer(s) reserve all rights not expressly granted to you under this Agreement. Upon purchase of the Font Software, you are granted a non-exclusive, terminable, and non-transferable license to use the Font Software per the following terms and conditions. You may not exceed the scope of this License.

         

        1.0 END-USERS, DEVICES AND COMPATIBILITY

         

        1.1 - END-USER

        Individuals and legal entities (companies) as indicated at the time of purchase.

         

        1.2 - USERS AND DEVICES

        Use of the Font Software is explicitly limited to the number of Desktop Users selected at the time of purchase and displayed on your receipt. When purchased as part of a multi-product bundle or unless otherwise stated, the Font Software is licensed for use by up to 3 desktop users.

        The Font Software can be installed on one device per user (including mobile devices and iPads). 

        You must purchase a license that covers each user who will use the Font Software. If you are a company purchasing a multi-user license for your employees, your employees must use the Font Software subject to the terms of this Agreement. You must notify all employees who will use the Font Software of the terms and conditions of this Agreement, and you are responsible for any misuse of the Font Software by your employees.

         

        1.3 - USE BY LARGE BUSINESSES, CORPORATIONS, AND LEGAL ENTITIES

        Companies, organizations, and employees thereof generating more than $250 million USD annual revenue are not permitted to use the Font Software without purchasing an extended license.

        To obtain a quote for an extended license, contact us here.

         

        1.4 - DEVICE COMPATIBILITY

        You are responsible for ensuring your device meets the minimum requirements to install and use the Font Software. 



        USAGE

        This Agreement permits both commercial and non-commercial use. 

         

        "Commercial" use is any use: (a) that involves an exchange of money or other consideration, (b) that promotes a business, product, or service, or (c) where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee's use of the Graphic Asset.

         

        "Non-commercial" use is a use for solely personal purposes; any use that meets the definition of "Commercial use" can not be a Non-commercial use.

         

        Use of the Font Software in the creation of printed and digital design works, rasterized images for web sites and otherwise for your personal use is permitted. If you design or create works for third parties, such as clients, you are considered a "Designer" and you may use the Font Software to design or create design works for third parties, subject to the uses and limitations described in this Agreement, and providing that you notify those third parties of those obligations and restrictions in writing. You may not allow any third party to use your copy of the Font Software. 

         

        2.0 PERMITTED USES

        You may use the Font Software for commercial and non-commercial uses within the limitations and described below.

         

        • 2.1 - Create Physical End-Products: You may use the Font Software to create physical end-products for free or for sale including, but not limited to, apparel, greeting cards, stationery, stickers, mugs, stamps, homewares, posters, signs, etc. up to a combined limit of 250,000 units.

         

        • 2.2 - Physical Product Packaging: Licensee may create physical packaging products used for resale or wholesale, including but not limited to, boxes, labels, jars, stickers, containers, etc., up to a combined limit of 250,000 units.

         

        • 2.3 - Digital Product Packaging: Licensee may create unlimited digital packaging such as digital book covers, podcast covers, audiobook covers and music album covers.

         

        • 2.4 - Digital designs: Licensee may create unlimited digital designs in a non-embedded, static, rasterized (bitmap) form for clients or for resale such as static designs, static website elements, graphics, graphs, illustrations, etc.

         

        • 2.5 - Logos & Branding: Licensee may create unlimited logos, branding and collateral such as logos, letterheads, business cards, promotional materials and signage. Licensee is not permitted to supply the Font Software to the end-user or client with the finished logo design. Where the Font Software is used to create a logo, the typeface design cannot be included as part of any trademark, service mark or design mark registration and must be disclaimed in any such registration. 

         

        • 2.6 - Print and Digital Publications: Licensee may use the Font Software to create unlimited print or digital publications such as magazines, newspapers, novels, flyers, comics, picture books, record covers or e-books providing the finished design uses the Font in a non-embedded, static, rasterized (bitmap) or outlined format.

         

        • 2.7 - Limited Document and E-Publication Embedding: Documents and E-Publications (e-books) distributed to third parties for free or for sale with fonts embedded, must be READ-ONLY by those recipients. Distribution of such documents is limited to 250,000 copies on any combination of publications including but not limited to PDF, Microsoft Word, Microsoft Powerpoint Google Docs and any format for use with E-book reading devices and apps. Embedding of the Font Software in any way that allows text to be edited by the recipient within the document or extracted and used elsewhere is prohibited.

         

        • 2.8 - Social Media: Licensee may create unlimited content for personal, individual, Licensee owned and/or client-owned and managed company social media accounts.

         

        • 2.9 - Physical (Printed) Advertisements in Local and National Markets: Such as billboards, signage, printed advertisements, etc. for commercial use. "Local" markets are defined as any distribution or display of advertisements within a 200mile / 320km radius within the borders of a single nation/country. "National" markets are defined as distribution or display of advertisements beyond a 200mile / 320km radius within a single nation/country.

          Printed Advertisements in Global markets or in markets comprising two or more countries require an extended license. Request a quote here.

         

        • 2.10 - Digital Banner Advertisements: Unlimited internet banner advertisements such as advertisements served by Google, Microsoft, Meta, LinkedIn, etc.

         

        • 2.11 - Video Advertisements: Broadcast, cinema and/or streaming via network, cable, internet, satellite, pay-per-view, video on demand, digital billboards and social media platforms allowed up to a limit of 500,000 lifetime views.

         

        • 2.12 - Content and titles for Film, Broadcast & Streaming: such as motion picture and /or audio visual works, entertainment, music videos, documentaries and TV series via broadcast, cinema and/or streaming via network, cable, jumbotrons, video-billboards, gas-pump screens, internet, satellite, pay-per-view, cinema, video on demand and social media platforms allowed up to a limit of 500,000 lifetime views.

         

        • 2.13 - Webfonts: Licensee may use the @font-face selector to embed the supplied .woff and/or .woff2 Font Software files in websites owned or controlled by Licensee in a non-extractable manner. Licensee may not convert, link to, make available online or embed the supplied Font Software files designed for Desktop use (.otf .ttf formats) on any website. 

         

        • 2.14 - Webfont Pageview Limitations: The combined pageviews across all Licensee owned or controlled websites may not exceed the total number of pageviews selected at the time of purchase and stated in Licensee's receipt sent via email. Where the Font Software is purchased as part of a multi-product bundle, the limit is 50,000 page views per month.

         

        • 2.15 - Rasterized Graphics displayed on Websites, Software Apps, Mobile Apps, Desktop Applications, and Video Games: Licensee may use the Licensed Asset solely in a non-embedded, static, rasterized (bitmap) form in an unlimited number of mobile or desktop applications, websites, or video games. 


         

        3.0 PROHIBITED USES

         

        • 3.1 - Resale, Distribution or Sub-Licensing the Font Software or any modification of it in source file form is strictly prohibited. (e.g., as a stock asset or template). 

         

        • 3.2 - Making public or distributing the Font Software in any way that allows others to download, extract, copy, save or redistribute the Font Software is prohibited. 

         

        • 3.3 - Reverse engineering, decompiling, disassembling, modifying or otherwise attempting to re-create the Font Software is prohibited.

         

        • 3.4 - Embedding in or inclusion with editable templates, whether distributed for free or for sale is prohibited. This includes but is not limited to downloadable or installable website templates, presentation templates, logo-templates, social media image templates and word-processing templates.

         

        • 3.5 - Use in Personalised Create-On-Demand services: Any use that allows anyone other than the Licensee to customize made-to-order physical end products using the Graphic Assets is prohibited. This includes, but is not limited to, "print-on-demand", "made-to order", "download-on-demand" and "design-it-yourself" applications and services.

         

        • 3.6 - Embedding in Software or Electronic Devices: Embedding Font Software into software applications, games, computer hardware, mobile devices and games consoles is prohibited. To request an extended license quote covering such use, please contact us here. 

         

        • 3.7 - Use of dingbats and emojis as singular works: Dingbats, emojis and other non-alphabetical glyphs that are part of the Font Software are not permitted to be used as the sole design element in any logo or on a product for sale such as a coffee cup, t-shirt, greeting card, etc.

         

        • 3.9 - Falsely representing authorship and/or ownership of the Graphic Assets is strictly prohibited.

         

        • 3.8 - Use in future technologies not yet in existence is excluded from the scope of this License.

         

        • 3.9 - Use of the Graphic Asset in illegal, harassing, threatening, fraudulent, or defamatory material, is strictly prohibited, including but not limited to:

          Material intended to cause physical or mental injury, emotional distress, death, disability, disfigurement, to any other person; Material that promotes racism, bigotry, hatred or physical harm to racial, sexual, religious or ethnic minority groups or individuals; Material intended to cause damage to any person or property; Material that seeks to harm or exploit children by exposing them to inappropriate content; Material that may constitute or contribute to a crime; Material containing information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, harassing, humiliating to other people (publicly or otherwise), libelous, threatening or otherwise objectionable. 

         

        • 3.10 Any other use that is not expressly permitted in this EULA is strictly prohibited.

         

         

        4.0 ADDITIONAL PROVISIONS

          

        4.1 - SOFTWARE BACKUP

        You are permitted to keep a single backup copy of licensed Font Software in the cloud, locally on a desktop, laptop or mobile device, or on a studio server provided you are the only party who maintains or has access to this backup copy. 

         

        4.2 - ASSET MANAGEMENT

        Licensee may only upload the Font Software to (i) a non-public server owned and controlled by Licensee or (ii) a non-public cloud storage service, cloud-based design app, or digital asset manager, account controlled by Licensee, in each case for the use of the Font Software by Licensee only, in accordance with the number of users governed by section 1.2 of this EULA.

         

        4.3 - SERVICE PROVIDERS

        The Licensee may temporarily provide a single copy of the Font Software to a service provider or agents such as a graphic designer, commercial printer, web developer, or independent contractor who is working on behalf of the Licensee. The Agents temporarily using the Font Software will be treated as licensed, providing the maximum number of desktop users specified on the Licensees receipt will not be exceeded. If the maximum number of desktop users allowed have already been allocated, the service provider must purchase a license separately.

         

        The service provider must:

        (a) Agree in writing to use the Font Software exclusively for Licensee's work, according to the terms of this Agreement.

        (b) Delete the Font Software upon completion of the work.

         

        4.4 - REFUNDS

        The Font Software may be exchanged only if defective. If you wish to claim a refund, you must (a) certify that no copy of the Font Software remains in your possession or control and (b) provide proof of a valid sale and a valid sales receipt from True Grit Texture Supply. All claims for a refund must be made within one (1) week of purchase and are at the discretion of True Grit Texture Supply.

         


        5.0 IMPORTANT LEGAL PROVISIONS

         

        5.1 - RIGHTS RESERVED

        The Font Software and the design of the Font embodied therein are the exclusive property of True Grit Texture Supply and/or the designer and are protected under both domestic and international copyright, trademark and unfair competition laws. Licensee may not assert any ownership in the Font Software itself nor any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the Font Software. Any reference to the "purchase" or "sale" (or similar terms) of the Font Software refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself. As a licensee, Licensee's ownership of the media and/or device on which the Font Software is recorded, if any, is distinct from and does not grant any ownership right, title or interest in and to the design of the Font Sofware itself. Except as stated herein, this Agreement does not grant you any rights to trademark or any other intellectual property rights in the Font Software or in any typeface design.

         

        5.2 - TERMINATION

        Any breach of the terms of this Agreement shall be cause for termination of this License. In the event of termination, and without limitation of any remedies under law and equity, you agree to immediately return or destroy the Font Software, at the discretion of True Grit Texture Supply and certify that no copy remains in your possession or control.

         

        5.3 - REVOCATION OF WARRANTIES

        Subject to the representations and warranties stated herein, the Font Software is provided "AS IS" and without obligation to you or other warranties of any kind. TRUE GRIT TEXTURE SUPPLY AND THE DESIGNER OF THE FONT SOFTWARE EACH HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TRUE GRIT TEXTURE SUPPLY 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. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

         

        5.4 - LIMIT OF LIABILITY

        IN NO EVENT WILL TRUE GRIT TEXTURE SUPPLY BE LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE (INCLUDING DAMAGE FROM LOSS OF BUSINESS PROFITS OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) OR FOR CLAIM BY ANY PARTY ARISING OUT OF THE USE OF OR INABILITY TO USE THE FONT SOFTWARE, EVEN IF TRUE GRIT TEXTURE SUPPLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES, SUBJECT TO THE CONDITIONS NOTED HEREIN, SHALL TRUE GRIT TEXTURE SUPPLY OR THE DESIGNER'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 TRUE GRIT TEXTURE SUPPLY. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

         

        5.5 - INDEMNIFICATION

        You agree to defend, indemnify and hold True Grit Texture Supply and their suppliers including any designers of the Font Software harmless from and against any losses, damages, expenses, and costs, including reasonable attorneys' fees, from any claim by a third party arising from or related to your breach of this Agreement or your act, error, or omission.

         

        5.6 - GOVERNING LAW

        This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Australia.

         

        5.7 - GENERAL

        You acknowledge that you have read this Agreement and understand it and that by using the Font Software, you will be bound by its terms and conditions. No variation of the terms of this Agreement or any different terms will be enforceable against True Grit Texture Supply unless without its express written consent. In the event any collection or enforcement effort or any legal action is instituted by True Grit Texture Supply to interpret or enforce this Agreement, you will be responsible for paying reasonable attorneys' fees incurred by True Grit Texture Supply. True Grit Texture Supply expressly reserves the right to amend or modify this Agreement at any time and without prior notification.

         

        5.8 - TRANSACTION FEES

        All transactions are processed in Australia. Your bank or financial institution may charge an international transaction fee even when a transaction is processed in your local currency.

         

        Should you require any additional use that is not described within this Agreement, please do get in touch.

         

         

        Last Update: August 01, 2017

        Documented Versions:


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