Counter Foundry End User License Agreement (EULA) - Commercial License
Counter Foundry Ltd provides Typeface Software, hereafter referred to as “Fonts”, for commercial use through the sale of non-exclusive licenses.
When a Commercial License is purchased, this Counter Foundry End User Licence Agreement (“EULA”) becomes a binding contract between you (the “License Holder”) and Counter Foundry, and by downloading and installing the Fonts you agree to the terms and conditions set out below.
1. Ownership
A Commercial License grants you the right to use the Fonts as outlined in this EULA. The ownership, copyright and other intellectual property protections related to the Fonts will be retained by Counter Foundry Ltd at all times.
2. License type
A Counter Foundry Commercial License covers desktop installation and use, web font usage, and embedding into software and apps. This License is perpetual and only needs changing if your Company Size grows beyond the current licensed coverage or you require a License Extension for any of the uses outlined in section 7 of this EULA.
3. Company size
Counter Foundry Fonts are licensed to you based on the size of your company or organisation, as measured by the total number of paid employees (part and full time). This number should include all personnel within your company (not just those that will directly use the Fonts). This total number is referred to as the “Company Size”. For example, if your company has 10 full-time and 25 part-time staff across all departments, your Company Size is considered to be 35.
4. License Upgrades if your Company Size grows
If your Company Size grows beyond the current licensed coverage, you agree to contact us to upgrade. You will only ever pay the difference between your current License cost and the cost of the one for your new Company Size. Failure to upgrade your License may result in termination of this EULA. Counter Foundry is unable to offer partial-refunds of License costs if your Company Size reduces below your current licensed coverage.
5. Permitted uses of the Fonts
Counter Foundry Fonts may be used in the following ways:
5.1 Desktop installation and use
You may install and use the Fonts on any number of workstations belonging to you, or your nominated Subcontractors as outlined in section 5.4 of this EULA. Permitted uses include, but are not limited to, the design of static images, motion graphics, logos, printed materials, signage and other forms of graphic design.
5.2 Web embedding and use
You may embed and use the Fonts on any website under your control with CSS @font-face. This License sets no limitations on the number of pages, views, traffic or other types of measurement of scale. Web Fonts can be subsetted as required.
5.3 Software and app embedding and use
You may embed the Fonts into computer applications created for mobile or desktop use including VR, AR and other digital experiences. Fonts can be subsetted as required.
5.4 Permitted distribution and contractor use
You may temporarily share the Fonts with other companies and individuals who you have contracted to produce work on your behalf, such as designers, web developers or printers. The Fonts are only permitted for use in work being produced exclusively for you, the License Holder, and no copies of the Fonts can be retained by your contractors once their work for you is complete. It is the responsibility of the License Holder to ensure contractors adhere to this condition, and you should include a copy of this EULA when sharing Fonts with them.
5.5 Permitted modification
Fonts may be outlined using design software tools and these outlines then modified as part of creative artwork / designs. You cannot distribute, sell or give away these modifications, or covert them into Typeface Software.
6. Prohibited uses of the Fonts
The following uses of Counter Foundry Fonts are prohibited:
6.1 Third Party applications
Unless written permission has been given by Counter Foundry, Fonts may not be embedded into online tools, software, or Third Party applications that allow their use for the creation of documents, designs or artworks by users outside of your company.
6.2 Harmful content
Counter Foundry strictly prohibits the use of its Fonts for any form of discrimination, violence or hate. Use of Fonts in this way invalidates the License for all future uses.
6.3 Prohibited distribution
Outside of the stated conditions in section 5.4 of this EULA, you cannot share, sell or give away the Fonts to any third party.
6.4 Prohibited modification
You cannot alter or modify any part of this Font through font editing software or other tools that can change its internal data. This includes altering individual characters, spacing, styles, naming, OpenType features or any other information within the Font. You cannot copy, mimic or otherwise create a substitute for the Fonts. You cannot convert the Fonts to another format.
We want our Fonts to meet your needs as much as possible, so if you require specific modifications such as additional characters, different spacing or OpenType functions, please contact us at type@counterfoundry.com and we will try to help.
7. Uses requiring a License Extension
The following uses fall outside of The Counter Foundry Commercial License and will require a License Extension.
7.1 Broadcast graphics
A License Extension is required if using the Fonts within video content that will be broadcast on television, cinema, streaming services (e.g. Prime / Netflix) or web-based video platforms (e.g. YouTube / Vimeo). This applies to designs and artworks such as title sequences, credits or other visual works created specifically for that video content.
Exceptions:
Use of the Font for digital signage within spaces controlled by the License Holder (e.g. shops, stadiums and other commercial spaces) does not require a License Extension. Use of the Font in logos and design work originally created for other purposes that then appear in broadcast does not require a License Extension.
7.2 Third-party use
A License Extension is required if the Fonts are to be used within any software application (web-based or desktop) that allows its users to create their own designs, e.g. an online design application.
7.3 NFTs
A License Extension is required if a Counter Foundry Font is to be used as part of a non-fungible token (NFT) or other tradable digital asset.
To discuss your specific needs and the costs of a License Extension, please contact type@counterfoundry.com
8. Making copies of the Fonts
Copies of the Fonts may be made for file backup purposes, as long as a copy of this EULA is stored alongside at all times and in all locations. Copies of Fonts cannot be put on public servers (e.g. GitHub) or stored on file sharing platforms (e.g. Dropbox / Google Drive)
9. Access to updated Fonts
Counter Foundry may occasionally develop or update its typefaces at any point in the future, and will provide License Holders free access to any updated Fonts of the same name. You will be notified by email if a new version becomes available that falls within this Agreement, but you are under no obligation to use it.
10. Use of creative work for Counter Foundry marketing
Unless otherwise specified with Counter Foundry, your use of the Fonts in images and videos implies consent for their use in our marketing efforts. Counter Foundry may feature these examples on its website, social media, or printed materials, crediting your company’s name. If you wish to opt out, contact us at type@counterfoundry.com.
11. Warranty and Refund Policy
Counter Foundry Fonts are licensed without any Warranty or Guarantee. We cannot guarantee the Fonts will operate properly within all current and future software products, nor that they will meet your requirements. However, if the Fonts as sold are not working as you expect them to, please email type@counterfoundry.com and we will do our best to address any issues.
All sales are final and no refunds are offered. However, if you inadvertently purchased the wrong Fonts or License, please contact us within 48 hours or purchase and we will do our best will make the necessary changes, subject to your payment of any difference in price of the correct Fonts or License.
12. License updates
The EULA issued at the point of purchase will be the License that governs your use of those Fonts in perpetuity, even if Counter Foundry updates its EULA for new purchases. If you would like to update to a newer EULA, contact type@counterfoundry.com