Font License Agreement
This Font License Agreement (“agreement”) is a legal contract between you and Mel Volkman. When you purchase a font from Mel Volkman, you are purchasing the right to use that font under a particular set of conditions. These conditions range from how many computers the font can be installed on, web use, to whether it can be embedded in digital documents. It’s important to read and understand this agreement because it defines your rights, the acceptable uses of the font, and the rights that Mel Volkman reserves.
If you do not agree to the terms of this agreement, you are not permitted to download, install, or use the font. If you believe that your usage or need is not addressed (such as multi-user, multi-domain, or large volume commercial license), or if you have any questions or need clarification of the terms of this agreement, please contact Mel Volkman directly at Hello@MelVolkman.com prior to purchase.
Downloading, installing or using the font indicates your confirmation that you understand and agree to the terms of this agreement, and that you have the authority to bind the person or entity specified on your sales receipt (“licensee”) to the terms of this agreement. Upon payment of the font, you are granted a non-exclusive, non-transferable, revocable license to use the font under the following terms and conditions.
Definitions. In this agreement “Font” and “Font Software” is defined as the product you purchase from Mel Volkman, whether that be a font, tool, resource, graphic, software, etc. as identified on your sales receipt.
“You”, “Your”, “End User”, and “Licensee” are defined as and refer to the customer who has purchased a license to use the product. An end user is not defined as a distributor, reseller, dealer, sub-licensee, original equipment manufacturer (“OEM”), or other wholesale buyers, etc.
License Grant. Upon purchase of the font, you are granted a non-exclusive, non-assignable, non-transferable, revocable standard license to access the font for personal and commercial projects in accordance with the terms of this agreement. You may not rent, lease, sublicense, give, lend, sell, or further distribute any Mel Volkman font or product, or any copy thereof to any third party without prior written permission.
You may use the font to create artwork for logos, clothes, packaging, posters, and similar products. However, you are not permitted to provide the font in an end product for sale. For the purpose of clarity, if you create a logo using the font and your customer would like to obtain a copy of the font for their own usage, your customer must purchase their own font license through Mel Volkman. You cannot resell, give away, or include the font as part of your end product for sale.
You may not use the font if that use could result in a third party’s claim that it acquired rights to the font that are contrary to this license. Upon Mel Volkman’s request, you shall immediately remove the font from any unauthorized location or use, including an unauthorized social media platform or website.
You may not register as a trademark the font or the end product incorporating the font – not even logos. If you use the font to create a logo for yourself or a client, please keep in mind that other customers can use the font too, even in another logo.
Copyright. You expressly acknowledge that Mel Volkman is the exclusive copyright owner of any and all intellectual property rights in and relating to the font, font software and its structure, organization and code, are the valuable trade secrets of Mel Volkman. This includes protection for the glyphs and designs therein generated by the licensed font software as the exclusive property of Mel Volkman to the fullest extent of the law in the jurisdiction where the licensed font is downloaded or used. Unless otherwise permitted by law, licensee shall not, at any time during or after the effective term of the agreement, dispute or contest, directly or indirectly, Mel Volkman’s exclusive right and title to the font software or the validity thereof.
All rights not expressly granted under this license are reserved to Mel Volkman. Under no circumstances may the licensed font be sold or given away to any third party. Infringers will be prosecuted to the full extent of the law. You acknowledge that the font software is protected by the United States Copyright Law, by the copyright and design laws of other nations, and by international treaties. The Licensee agrees to treat the font software as conﬁdential information and exercise reasonable care to avoid unauthorized distribution of the font.
Restriction as Goods for Sale. This license expressly prohibits the use of the font in the creation of alphabet products such as, but not limited to: house numbers, rub on letters, stamp sets, adhesive alphabet letters, alphabet punch and die sets, or other methods for use in making such products. Any such use requires the purchase of a special license.
Desktop Use. Unless otherwise stated in the listing, the font includes a standard license. Fonts purchased under the standard license may be used to create products for sale where the lifetime sales of that product do not exceed 500 units. If you need an extended license for 500+ to unlimited sales, you must purchase an extended license from Mel Volkman.
Installation (desktop use). The font may be installed and used by one (1) end user on up to (2) computing devices. For the purpose of clarity, the font may be installed on a desktop computer + used on a laptop as a secondary, alternate-use computing device.
Web Use. The licensee may use the font as a web font using CSS @font-face on one domain owned and used by the licensee upon purchase of a web license. If you need the font for more than one domain, or if you need to use the font on another users website (ie. for a clients website design), the web license must be purchased per each additional domain/client. The font may not be used in any web-based applications where users of the site can select and/or use the font for any text composition or editing use.
Backup Copy. You may make one unmodified backup copy of the font for archival purposes only, and you shall retain exclusive custody and control over such copy. Any copy that you are expressly permitted to make pursuant to the agreement must contain the same copyright, trademark, and other proprietary notices that appear with the font.
Third Party Usage. The font may not be stored or used in any manner that makes it accessible to the public or non-licensed third parties. For the purpose of clarity, this license is for individual users or organizations purchasing for authorized employees only. Under no circumstances may the licensed font be shared with contractors, freelance employees, or affiliates.
You may not rent, lease, sublicense, give, lend, sell, or further distribute the font or any copy thereof. Third parties (such as an independent contractor or freelancer creating content for the benefit of the licensee or end user client) must purchase the appropriate license if the third party needs to install the font data.
Commercial Printers. You may take a copy of the specified font to a commercial printer for the purpose of producing or reproducing the document. The printer must destroy the font files immediately after production is complete.
Embedding Fonts. The font software may not be used to create or distribute any electronic document in which the font software, or any part thereof, is embedded in a format that permits editing, alterations, enhancements, or modifications by the recipient of such document.
Embedding the font into digital documents (such as pdf, powerpoint, word, or similar type electronic document) is permitted so long as a) the font software is subset, b) the document text can be viewed and printed but not edited (read-only), c) the document is not for sale, resale, or mass-market distribution of any kind, AND d) reasonable measures are taken to ensure recipients of such documents cannot extract or use the embedded font.
Rasterized copies of images showing the font are permitted provided the images do not result in all or substantially all of the characters comprising the font software. If the resulting images show most or all of the font characters, a rasterized showing of the font is not permitted.
Hardware and Software. This license expressly prohibits the embedding, inclusion, calling or linking of the font software within hardware and software in any form whatsoever. This includes, but is not limited to, video games, consoles, smart televisions, server-side applications, online document creation, mobile apps, OEM products or software, or other works distributed electronically and/or physical media for sale. If you wish to use the font for such purposes, a separate license is available from Mel Volkman.
The use of the font software to create content that is broadcast or streamed, including, but not limited to, content that is broadcast, displayed and/or streamed via any terrestrial, satellite, or internet service that exists now or in the future, including television, youtube, facebook, instagram, vine, digital billboards, gas pump screens, aircraft, taxi entertainment screens, movie theaters, etc. requires an extended license. Please contact Mel Volkman for a special license.
Alterations to Font Software. You may not modify, adapt, convert, translate, reverse engineer, decompile, disassemble, or alter the font software in any manner whatsoever, such as for the purpose of adding any functionality that the font software did not have when delivered to you by Mel Volkman. Any attempt to modify the font for the purpose of creating a usable, derivative or substitute version of the font is strictly prohibited.
Under no circumstances may you modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or otherwise attempt to discover the source code of the font software or the designs embodied therein. You further agree not to commission or authorize any third party to undertake modifications to the fonts without prior written consent from Mel Volkman. If the font software contains embedding bits that indicate that the font software is only authorized for certain purposes, you may not change or alter the embedding bits.
Warranties and Limitations. Mel Volkman represents and warrants that the font will perform substantially in accordance with the representations made herein. To make a warranty claim, you must notify the source from which you obtained the font along with a copy of your sales receipt within one (1) week of purchase. If the Font Software does not perform substantially in accordance with the representations, the entire and exclusive liability and remedy shall be limited to the replacement of the font. Mel Volkman and its suppliers do not and cannot warrant the performance or results you may obtain by using the font.
MEL VOLKMAN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MEL VOLKMAN DOES NOT WARRANT THAT THE OPERATION OF THE FONTS WILL BE UNIMPEDED, UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONTS ARE WITHOUT DEFECTS. WITHOUT LIMITING THE FOREGOING UNDER NO CIRCUMSTANCES SHALL MEL VOLKMAN BE LIABLE TO YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS SAVING, LOSS OF DATA, OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF OR THE INABILITY TO USE THE FONTS EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. FURTHERMORE, YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL MEL VOLKMANS’ MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE REPLACEMENT OF THE FONT PURCHASED.
Refunds. Due to the nature of digital goods, refunds are not provided once the files have been sent.
Termination. Mel Volkman has the right to terminate your license immediately if you fail to comply with any term of this agreement. Any breach of the terms of this license shall be cause for immediate termination without the obligation of notice or opportunity to cure. Mel Volkman shall be entitled to seek any and all remedies under law or equity, without limitation, including injunctive relief without the obligation of posting security or bond. You agree to immediately discontinue using the font and certify that no copy remains in your possession or control.
Governing Law. You expressly agree that this agreement shall be governed by the laws of the State of Florida, as applied to contracts that are executed and performed entirely in Florida. The exclusive venue for any arbitration or court proceeding based on or arising out of this agreement shall be St. Johns County, Florida. You expressly submit to the jurisdiction of the state and federal courts in the forum selected by Mel Volkman for the purposes of resolving any dispute arising under this agreement and you expressly waive all defenses arising out of the selection of the jurisdiction and forum elected by Mel Volkman for the resolution of any dispute and agree to service of process by mail. You hereby expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Should Mel Volkman bring any lawsuit or proceeding against the licensee to enforce the agreement, including any act to enforce payment of any amount due under the agreement, Mel Volkman shall be entitled to receive its costs and reasonable attorneys’ fees incurred to enforce the agreement. This agreement may only be modified in writing, signed by an authorized officer of Mel Volkman.
No Other Agreements. This agreement represents the complete and exclusive statement of the agreement between you and Mel Volkman and it supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this agreement. No variation of the terms of this agreement or any different terms will be enforceable against Mel Volkman in the absence of an express written amendment or consent, including a written express waiver of the affected terms of this agreement.
If any provision of this agreement is declared by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this agreement shall continue in full force and effect, and the invalid provision shall be replaced by Mel Volkman with a provision that effects the intent of the invalid provision.
Contact. If you have any questions or need clarification on the terms of this agreement, please contact Mel Volkman directly at Hello@MelVolkman.com.
Updated April 11th, 2018.