End User License Agreement (EULA)

The EULA is an agreement between you as the licensee and phospho. By acquiring, receiving, downloading, installing, using, or otherwise handling the digital font software, you accept the terms of this Agreement as stated below. phospho grants you a non-exclusive license to use the font software within the terms and conditions of this Agreement. This Agreement replaces and supersedes any previously made oral or written proposal or agreement between phospho and the licensee.

The following licenses describe possible permissions that may be granted under this Agreement. The scope of your license is defined solely by the use(s) listed on your invoice.

Definitions

Font Software

“Font Software” means the font files, including any related files, data, documentation, and updates provided by phospho.

Licensee / Client / Design Studio

“Licensee” means the individual or legal entity identified on the invoice.

If a Design Studio or Agency acquires the Font Software on behalf of a Client, the Client shall be considered the Licensee unless otherwise stated on the invoice. The Design Studio may use the Font Software solely for the purpose of providing services to that Client.

Licensed Use

“Licensed Use” means a specific type of use of the Font Software (such as Desktop Use, Web Use, App Use, or Cloud / SaaS Use) that is explicitly listed on the invoice. If a Licensed Use is not listed on the invoice, it is not granted.

Desktop

A Desktop License is based on Company Size. Company Size refers exclusively to the number of people working for the Client company, including employees and long-term contractors, as shown on the invoice.

Company Size does not refer to the size of a Design Studio, Agency, or other third-party service provider licensing the Font Software on behalf of their Client.

Company size is determined at the time of purchase. If Licensee’s Company Size increases after the license has been acquired, no re-licensing or upgrade is required for continued use of the Font Software.

A Desktop License permits:

• installation and use of the Font Software in desktop applications with a font menu (for example graphic design, layout, and office applications) by up to the number of people working for the Client explained by the licensed Company Size as shown on the invoice
• creation of static designs for print, packaging, signage, products, and other physical or digital media
• creation of graphics for digital use where the Font Software is rendered as a static image or vector shape (including use on websites, social media, or within applications as images)
• creation of logos and wordmarks, provided that the Font Software is converted to vector outlines prior to distribution or deployment
• use of the Font Software by Design Studios or Agencies solely for the purpose of providing services to the licensed Client

License-Specific Restrictions

• The Desktop License does not permit embedding the Font Software in websites or converting it to web-font formats unless a Web License is licensed on the invoice.
• The Desktop License does not permit embedding the Font Software in applications, software, games, or other non-desktop environments unless an App / Embedded License is licensed on the invoice.
• The Desktop License does not permit hosting or making the Font Software available on cloud-based, SaaS, or template systems unless a Cloud / SaaS License is licensed on the invoice.

Web

A Web License permits:

• using the webfont(s) to style HTML and SVG documents using the CSS @font-face rule (or comparable CSS-based technologies) and to display the webfont(s) in end users’ web browsers
• using the Font Software on websites regardless of pageviews, traffic volume, or number of visitors
• using the webfont(s) to render HTML-enabled emails sent by the Licensee

License-Specific Restrictions

• The Web License does not permit using the webfont(s) with web font technologies other than @font-face or comparable CSS-based solutions.
• The Web License does not permit enabling end users to download, extract, or otherwise gain access to the webfont files, except where technically required for the rendering of web content.
• The Web License does not permit use of the Font Software in non-browser-based environments unless an App License is licensed on the invoice.
• The Web License does not permit installing or using the Font Software on a desktop, laptop, or workstation, or embedding the Font Software in PDFs, unless a Desktop License is licensed on the invoice.

App

An App / Embedded License permits:

• embedding the Font Software in one (1) single end-user product or title (such as an application or a digital publication, including e-books) as specified on the invoice. Companion applications and digital publications that form part of the same product may be considered a single licensed title.
• use of the Font Software for displaying text within the licensed application or digital publication
• distribution of the licensed application or digital publication across multiple platforms and devices

License-Specific Restrictions

• The App License does not permit enabling end users to create, edit, or export new documents using the Font Software, including but not limited to invitations, greeting cards, customized portfolios, or customized products.
• The App License does not permit embedding the Font Software in web pages or converting it to web-font formats unless a Web License is licensed on the invoice.
• The App License does not permit installing or using the Font Software on desktop computers, laptops, workstations, or servers unless a Desktop License is licensed on the invoice.

Cloud

A Cloud / SaaS License permits:

• uploading and hosting the Font Software on one (1) designated cloud or software-as-a-service platform expressly named at checkout and shown on the invoice (e.g. Canva Brand Kit, Figma Organization, Figma Enterprise)
• use of the Font Software on the licensed platform by the Licensee within the same organization, regardless of whether the platform is used by one person or a team.
• export of rendered outputs (e.g. PNG, JPG, PDF, MP4, GIF, etc.) generated on the licensed platform, including use of such outputs on websites, in presentations, or on social media
• creation of internal backups of the Font Software, provided such backups are secured against unauthorized access

License-Specific Restrictions

• Use of the Font Software is limited to the single platform named at checkout and shown on the invoice. Uploading, hosting, or making the Font Software available on any other platform, server, or environment is not permitted.
• Public template sharing, public libraries, or any other functionality that enables third parties to access the Font Software (or to obtain it directly or indirectly) is not permitted.
• The Cloud / SaaS License does not permit converting the Font Software to web-font formats, embedding it in native apps, games, or e-books, or installing it on local computers, unless the corresponding additional license (e.g. Web, App, Desktop) is licensed on the invoice.

General Provisions

General Restrictions

Unless explicitly permitted under a Licensed Use listed on the invoice, the Licensee may not:

• resell, sublicense, lease, rent, share, or distribute the Font Software
• modify, adapt, translate, reverse engineer, decompile, or disassemble the Font Software
• rename, alter, or remove font metadata or identifying information
• make the Font Software available on unlicensed platforms, servers, or environments

Third-Party Use

Design Studios and Agencies may use the Font Software solely for the purpose of providing services to the licensed Client and only within the scope of the Client’s licensed use. Such third parties may not redistribute, reuse, or use the Font Software for any other client or project unless a separate license is acquired.

Printers, manufacturers, and other production partners may receive files containing rendered or embedded text (such as PDFs with embedded fonts or vector outlines) for the purpose of output, production, or manufacturing. Such parties may not receive, extract, install, or otherwise use the Font Software as a standalone font. If access to the Font Software itself is required, a separate license must be acquired.

Termination

This Agreement is effective until terminated. It will terminate automatically without notice from phospho if the Licensee fails to comply with any provision contained herein. Upon termination, the Licensee must destroy all copies of the Font Software and related materials.

Warranty, Liability & Governing Law

The Font Software is provided “as is”. phospho warrants the Font Software to be free from defects in materials and workmanship under normal use for a period of twenty-one (21) days from the date of delivery. phospho shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the Font Software.

This Agreement is governed by the laws of the Republic of Austria. Place of jurisdiction is Vienna, Austria.

Thank you for taking the time to read this document. If you have any questions or inquiries, please get in touch with us:

phospho
Liniengasse 2a/191
1060 Wien
AUSTRIA

phone: 0043 6763269016
mail: type@phospho.at