Extended License

Extended License (Desktop Fonts, Web Fonts, ePub, Mobile Apps, Stock Art)

THIS IS A BINDING LEGAL AGREEMENT regarding the digital content (“Font Asset/Asset”) that you are downloading or purchasing from Marquee, for yourself, your company, your employer, or other principal (hereafter collectively referred to as “you”). If you refuse to accept this license agreement, you are not permitted to access, download, or use the Licensed Asset. Please carefully read through the Agreement before purchasing, downloading, installing and/or using the Licensed Asset, as any of these actions indicates your express agreement to the following TERMS AND CONDITIONS.

The Asset licensed under this Agreement and its inherited digital, device-readable, scalable data is supplied to you by Marquee for personal and commercial usage only, and remains the intellectual property of the designer(s) of the Asset.

The EXTENDED LICENSE covered in this Agreement extends to Desktop Fonts, Web Fonts, ePub and Mobile Apps (ePub and Mobile Apps are not file formats), and all art media files collectively referred to as Stock Art. Web Fonts are made available in the following file formats: EOT, WOFF2, WOFF, SVG, TTF (Web-Only). You are responsible for hosting the files, and referring to them with code that you administer. Marquee simply provides the files “as is”, and is not responsible for tech and/or design support.

Marquee and/or the designer(s) reserve all rights not expressly granted to you under this agreement. Upon receipt by Marquee of all applicable fees, and subject to your compliance with all of the TERMS AND CONDITIONS of the Agreement, you are granted a non-exclusive, non-transferable and limited copyright license to use the Marquee Asset in accordance with the TERMS AND CONDITIONS.

Should you desire any additional use that is not mentioned with this Agreement, feel free to contact us at any time.

Desktop Fonts

1. PERMITTED USES
Use of the Font Asset is strictly and explicitly limited to the number of End Users paid for at the time of purchase. For a single license purchase, the Font Asset may be installed on devices, such as desktop or laptop computer workstations, notebooks, netbooks, tablets, and/or smartphones. If you are a company purchasing a license for your employees, your employees may use the Font Asset anywhere in the world, subject to the terms of this Agreement. You must notify all employees of the terms and conditions of this Agreement and you are responsible for all actions of the employees.

1.1. DESIGN USES
Use of the Font Asset in the creation of design works, rasterized images for websites and otherwise for your personal and/or commercial use is permitted. If you design or create works for third parties, such as clients, you may use the Asset to design or create works for those third parties. You may not allow any third party to use or copy the Font Asset. You may not send or transfer the Font Asset, or any copy of the Font Asset, to any third party. You may use the Font Asset to print copies of products, including clothing, packaging, posters, coffee mugs, or similar commercial products, provided you do not exceed 250,000 instance limit as defined in Section 4 below or violate any of the other restrictions in this Agreement. You may use the Asset to create a company logo, however you may not include the typeface design in any trademark registration. Other restrictions to the use of the Font Asset are set forth in Section 5.

2. REFUNDS
The Font Asset can only be refunded if defective. You agree that all refunds are at the sole discretion of Marquee. Marquee has no obligation to refund amounts paid to license the Font Asset. If you wish to file a claim for a refund you must provide proof of a valid sales receipt from Marquee and provide any information requested by Marquee to support your claim. All claims for a refund must be made within one (1) week of purchase.

3. EMBEDDING
You are permitted to embed or otherwise include the Font Asset within a PDF, PowerPoint, Word or similar-type electronic document, distributed physically or online for personal or commercial use only if: a)the Font Asset cannot be extracted (“read-only”); and B) the document is not for sale, resale or mass-market distribution of any kind for more than 250,000 instances; and C) the online use is not a redistribution of usable versions of the Font Asset; and D) is restricted to fewer than 250,000 instances.

4. RESTRICTIONS
You may not distribute, sell, modify, include, adapt, translate, reverse engineer, decompile, disassemble, translate into other fonts formats or other formats to use with other devices, or otherwise copy or include the Font Asset with the express written consent from Marquee. Any modifications, derivations or adaptations of the Font Asset requires the express permission of Marquee or the designer or both, as applicable. Marquee and the designer expressly reserve the right to create any such modifications, derivations or adaptations.

4.1. LARGE VOLUME COMMERCIAL USE OF MORE THAN 250,000 INSTANCES
More than 250,000 instances of use of either print or digital A) products, documents, promotional campaigns and/or related materials; B) advertising campaigns and/or related materials; is not permitted without a license extension. This includes, but is not limited to each interior and/or exterior store/business sign, billboard and/or electronic billboard, product package, social media post, billboard, coupon, media case, book cover, etc. in which the fonts appears in a static, rasterized, non-moving manner. If you require this type of use, please contact us for a quote.

5. RIGHTS RESERVED
The Font Asset is licensed, not sold to you by Marquee on behalf of the designer, and is licensed for use in accordance with the terms of this Agreement. As a licensee, your ownership of the media and/or device on which the Font Asset is recorded, if any, is distinct from and does not grant any right, title or interest in and to the design of the Font Asset itself. All copies of the Font Asset downloaded or installed, including copies of any Font Asset that accompany this document either as part of a downloaded file or on recorded media, such as, but not limited to, magnetic or optical media, remain the exclusive property of Marquee and/or the designer.  The Font Asset and the design of the fonts embodied therein are the exclusive property of Marquee and/or the designer and are protected under both domestic and international copyright, trademark and unfair competition laws. The various names of the Font Asset and the fonts included within the Font Asset are the trademarks of Marquee or the designer. All other trademarks are the property of their respective owners, and may be registered in the United States or other jurisdictions. Except as stated herein, this Agreement does not grant you any rights to trademark or any other intellectual property rights in the Font Asset or in any typeface design.

6. DESIGN CREDIT
If your use of the Font Asset is within a format where credits are displayed, for example a movie or television show, or an awards ceremony, or printed production credits, etc., you agree to credit Marquee in the following manner: (font(s) Name © (Designer’s Name) www.marqueecreativelabs.com. This type of credit is only required where credits are shown as part of the format. You would not need to add a credit on a product package, for example.

7. DERIVATIVE WORKS PROHIBITED
You may not alter Font Asset in any manner whatsoever. Reformatting The Font Asset into other formats or for use in other operating systems is prohibited. Altering or amending the embedding characteristics of the Font Asset is prohibited. The Font Asset may not be used to create or distribute any electronic document in which the Font Asset, or any part thereof, is embedded in a format that permits the extraction, editing, alteration, enhancement, or modification by the recipient of such a document. Derivative works based upon the Font Asset may not be sub-licensed, sold, leased, rented, lent, or given away without written consent from Marquee. Marquee shall not be responsible for unauthorized, modified and/or improperly regenerated, adapted or translated software or derivative works.

8. 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 destroy the Font Asset, at the discretion of Marquee, and certify that no copy remains in your possession.

9. REVOCATION OF WARRANTIES
Subject to the representation and warranties stated herein, the Font Asset is provided “AS IS” and without fiduciary obligation to you or other warranties of any kind and Marquee and the designer of the fonts software each hereby expressly disclaim all warranties, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose and non-infringement. Marquee does not warrant that the operation of the Font Asset will be uninterrupted or error-free, or that the Font Asset will be without defects.

10. LIMIT OF LIABILITY
In no event will Marquee be liable to you for your consequential or incidental damage or for claim by any party arising out of the use of or inability to use the Font Asset, even if Marquee has been advised of the possibility of such damage. Under no circumstances, subject to the conditions noted herein, shall Marquee or the designer’s maximum liability to you or any third party exceed the replacement cost of Font Asset or the provision of a substitute, at the sole discretion of Marquee. This limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction.

11. INDEMNIFICATION
You agree to defend, indemnify and hold Marquee and Marquee suppliers including any designers of Font Asset harmless from and against any losses, damages, expenses, and costs, including reasonable attorney fees, from any claim by a third party from or related to your breach of this Agreement or your act, error, or omission.

12. GOVERNING LAW
This Agreement will be governed by the laws of the State of California (USA) as applies to contracts entered into and wholly performed therein without application of its conflict of law provisions or the conflict of law provisions of any other jurisdiction. You hereby expressly consent to the personal jurisdiction of the local, state or federal courts within California selected by Marquee for the hearing or resolution of any dispute or action arising out of or related to this License and you hereby further expressly waive any jurisdiction or venue defenses and agree to services of process by certified mail return receipt requested. All remedies are cumulative and not exclusive.

13. GENERAL
You acknowledge that you have read this agreement and understand it and that by using the Font Asset, you will be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Marquee and you which supersedes any proposal or prior agreement oral or written, and any other communications between any other party relating to the subject matter of this Agreement. No variation of the terms of this agreement or any different terms will be enforceable against Marquee unless Marquee gives its express written consent. 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. In the event any collection or enforcement effort or any legal action is instituted by Marquee to interpret or enforce this Agreement, you will be responsible for paying reasonable attorney fees incurred by Marquee. If you are a Designer and Marquee brings any enforcement effort or legal action against any third party for whom you work, arising from your obligations in this Agreement or the violation by that third party of applicable restrictions or obligations in this Agreement, you will be responsible for paying reasonable attorney fees incurred by Marquee. This Agreement will not be construed against any party by reason of the drafting or preparation hereof. Marquee expressly reserves the right to amend or modify this Agreement at any time without prior notification.

Web Fonts

1. PERMITTED USES
Using the Licensed Font Asset on the web, for styling HTML web pages, is permitted using CSS @font(s)-face. You may use the Licensed Font Asset on one domain name (URL) only. You cannot link the Web Fonts files across multiple domains. Workplace intranets are restricted to these same conditions. The Licensed Font Asset may be used on any website owned/controlled by the licensee (subject to Section 2 – lines 3 and 4 below.

2. RESTRICTIONS
Use of the Licensed Font Asset is subject to the following restrictions: 1) You may only put online and/or link to the EOT, WOFF and SVG. You may not put online and/or link to any other file format, including, but not limited to, TrueType or OpenType; 2) You must retain the comments showing copyright and other legal or ownership information in the sample HTML/CSS/JavaScript files in your working, published website code. If you remove and/or fail to show this information, any and all support is void; 3) Agencies or others responsible for multiple client websites, including, but not limited to, web design agencies, hosting providers, or web-based service providers, including but not limited to, online media services or social networks, may not use and/or share a single Web Fonts or other Font Asset license for the use and/or benefit of multiple clients; 4) The Licensed Font Asset is for display in the Web environment, in a browser, and only for “stylizing HTML pages,”. They may not be used in any other way, for any other platforms, including, but not limited to, laptop computers, desktop computers, computer servers, smartphones, electronic kiosks, gaming devices and machines like the PS4, XBOX, Wii, Game Boy, PSP, or any other media players and/or smart televisions; 5) You may not use conversion or editing tools to amend, modify or otherwise change or alter the Licensed Font Asset. You may not re-convert the Licensed Font Asset file formats to other file formats using other online web fonts conversion tools; 6) You may not use the Licensed Font Asset with any technologies other than @font(s)-face; 7) You may not sell, re-sell, sub-license or otherwise make available the Licensed Font Asset, irrespective of the technology or methods used, to any third party or by and Web Fonts provision service irrespective of whether for payment, in trade or without charge.

3. TERMINATION
Marquee has the right to terminate your license immediately if you fail to comply with any of the terms listed in this License Agreement. Upon termination, you must destroy the original and any copies of the Marquee Web fonts and accompanying documentation. This license may be updated from time to time, with the latest version always being available on our website.

ePub

1. APPROVED FORMATS
The Extended License is valid for integrating and embedding one (1) Marquee Font Asset in one (1) ePub title at a time, and is valid only for the eBooks, Kindle, AZW, iBooks, PDF, EPUB and Mobi Pockets formats. If your ePub scenario falls outside this list, it is not supported by this license. Please contact us to discuss your desired use in this case.

2. PERMITTED USES
Marquee grants you a non-exclusive, non-assignable, non-transferable license to a) integrate, combine, embed or incorporate one (1) Marquee fonts within one (1) ePub title that you must enter at time of purchase, and b) install and use one (1) Marquee fonts for your use in connection with the creation and testing of your ePub scenario.

You are not allowed to use the Marquee fonts for more than one ePub title without purchasing an additional Extended License from Marquee. Each issue of a periodical counts as a separate ePub title, although regional and/or format variations of such periodicals do not count as separate ePub titles.

3. RESTRICTIONS
All ePub use is subject to the following restrictions: 1)You must embed the Marquee fonts within a secure format that permits only the viewing and not the full or partial extraction, editing, altering, enhancing, or modifying of the Marquee Asset. Formats that meet these criteria include, but are not limited to, PDF, EPUB 2.01, EPUB 3, and KF*. The ePub file must be entirely contained/embedded within a non-executable file that is displayed by e-reader software or on e-reader devices only. Marquee fonts may not be installed in any way accessible to the operating system on which the Electronic Publication format is viewed; 2) You may not embed the Marquee fonts for use by any format that is not a mobile, e-reader device. Applications made for platforms other than such e-reader devices are not considered ePub and are not covered under this Extended License; 3) The Marquee fonts may not be sold, re-sold, sub-licensed or otherwise made available, irrespective of the technology or methods used, to any third party or by any provision service irrespective of whether for payment in trade or without charge; 4) You may not use conversion or editing tools to amend, modify or otherwise change or alter the fonts(s). You cannot adapt, embed, translate, modify, reverse engineer or create derivative works based on the font(s).

4. TERMINATION
Marquee has the right to terminate your license immediately if you fail to comply with any of the terms listed in this License Agreement. Upon termination, you must destroy the original and any copies of the Marquee Web Font and accompanying documentation. This license may be updated from time to time, with the latest version always being available on our website.

Mobile Apps

Marquee fonts are available for embedding in all Mobile Applications for a single license purchase. This is not an additional file format, as you are purchasing a license to use the font, and full ownership of Marquee fonts always remains that of the font creator, with all rights reserved thereto.

1. APPROVED FORMATS
This Mobile Application license is valid for integrating and embedding one (1) Mobile Application product at a time, and is valid only for the iOS, Android, Windows Phone, Blackberry, PalmOS, WebOS, and Symbian operating systems. If your Mobile App scenario falls outside this list, it is not supported by this license. Please contact us to discuss your desired use in this case.

2. PERMITTED USES
Marquee grants you a non-exclusive, non-assignable, non-transferable license to a) integrate, combine, embed or incorporate one (1) Marquee font within one (1) Mobile Application title that you must enter at time of purchase, and b) install and use one (1) Marquee font for your use in connection with the creation and testing of your Mobile App scenario.

You must embed the font asset in the application in a secure manner that permits only the viewing of the Marquee font(s) asset.

You are not allowed to use the Marquee font for more than the one Mobile App title that you specify at time of purchase, without purchasing an additional license from Marquee. For instance, you can embed one (1) Marquee font in one (1) Mobile Application for multiple mobile platforms from the approved list above. As long as the Mobile Application is identical on the multiple mobile platforms, you only need one license to develop and release the Mobile Application.

3. RESTRICTIONS
All Mobile App use is subject to the following restrictions: 1) The Marquee font(s) may only be embedded in one, specified Application that runs on a handheld, mobile device running the iOS, Android, Window Phone, Blackberry, PalmOS, WebOS, or Symbian operating systems; 2) The Marquee font(s) may only be embedded in one, specified Application where the Font Asset does not represent the primary value or the primary functionality of the Application into which it will be embedded; 3) The Marquee font(s) may not be installed within any way accessible to the operating system upon which the one, specified Application runs; 4) The Marquee font may not be sold, re-sold, sub-licensed or otherwise made available, irrespective of the technology or methods used, to any third party or by any provision service irrespective of whether for payment, in trade or without charge; 5) You may not use conversion or editing tools or in any way amend, modify or other change or alter the font(s). You cannot adapt, embed, translate, modify, reverse engineer or create derivative work based on the font(s).

4. TERMINATION
Marquee has the right to terminate your license immediately if you fail to comply with any of the terms listed in this License Agreement. Upon termination, you must destroy the original and any copies of the Marquee Web Font and accompanying documentation. This license may be updated from time to time, with the latest version always being available on our website.