Mota Italic End User License Agreement (EULA)
Version 1.0 October 2009
Please Read this Agreement carefully before purchasing, downloading, and/or installing any Mota Italic Fonts. Included herein are all rights and acceptable use and limitations regarding these Fonts.
1) Acceptance of terms
By downloading and/or installing Mota Italic products (“Fonts” and “WEB Fonts”), you accept the terms and conditions of this End User License Agreement (“EULA”). This Agreement is a binding legal contract between you and Mota Italic.
Mota Italic produces two versions of their Fonts 1) general use "Regular/Traditional" Fonts – primarily for offline use, and 2) "WEB Fonts" – only for use online. Fonts can be distinguished as either Regular or WEB by their name: i.e. "Vesper.ttf" and "Vesper-WEB.ttf". All fonts are covered by this Agreement, however, Regular Fonts and WEB Fonts differ with some usage rights. Section 5 covers additional allowances that supersede any restrictions laid out earlier regarding the Regular Fonts.
If you have any questions or needs not covered by this Agreement, please contact Mota Italic before making your purchase, downloading, and or installing the Fonts.
2) Grant of License
2.1) Installation and Users
Mota Italic hereby grants you a limited, non-exclusive, non-transferable license to install and use your purchased Fonts only on the fixed number of computers specified on your invoice.
The Fonts may be installed and used at a single geographic location under this Agreement - with the exception listed in section 2.3. If you need a license that permits installation of the Fonts at multiple locations, please contact Mota Italic directly.
The Fonts may be installed and used on a laptop as a secondary and alternate use computer. This term is directed for use outside of the office or after-hours work by the same user. Concurrent use of the Fonts on the primary computer and the secondary laptop is not permitted – that requires the licensing for two, or more, users.
Installation of Mota Italic Fonts on a portable computer, either as the primary or secondary computer, are not subjected to the single site "Location" term in section 2.2 – providing the principle workplace is shared by all licenses.
3) Font Embedding
3.1) Rasterized Image Files
You may embed the Fonts in documents either as a rasterized representation of the Fonts (e.g., GIFs, JPEGs, PNGs, TIFFs, PICTs, and BMPs). This specifically includes any situation where the digital Font data, (e.g. vector outlines) have been rasterized to a pixel grid and are no longer scalable, extractable, or editable by third parties. These images may be used for electronic documents such as websites. However, when using image files of Mota Italic Fonts for public and not private use, Mota Italic asks for a few, reasonable extra data protection precautions. In these cases of public display of images, no more than 50% of the Font should be shown and the character dimensions should not exceed 500 pixels in any direction.
3.2) Portable Document Files (PDFs)
Embedding Fonts into Portable Document FIles ("PDF") Mota Italic grants you limited license for two specific instances: 1) for internal use; 2) providing documents to printers or other outside suppliers for reproduction. Both scenarios are subjected to the following restrictions: 1) subsetting must be enabled to limit the number of characters embedded; 2) the PDFs must be configured to be "non-editable," to prevent the alteration, addition, deletion, or extraction of any text, by any party other than the licensee.
PDFs must not be available to the general public such as published to publicly accessible pages on the internet.
3.3) Flash Files
For the sole purpose of creating vector graphics for inclusion on web pages, Mota Italic grants you a limited license to create and circulate Embedded Documents in the SWF format ("Flash Files"), subject to the following restrictions: 1) Flash Files must have "subsetting" enabled, to limit the number of characters embedded; 2) Flash Files must be "static," not "dynamic," as to prevent any 3rd party apart from the original licensee from specifying, selecting, copying, cutting, pasting or modifying the text that is displayed in the Fonts; 3) Flash Files must be configured to "Protect from Import."
The use of Mota Italic Fonts in Cascading Style Sheets (CSS) employing the "@font-face" tag is expressly prohibited.
3.5) All Other Embedding
Embedding of the Fonts in other software or devices not explicitly stated here shall be governed by a separate License Agreement. Additional license fees may also apply depending on the embedding needs.
3.6) Fonts in Commercial Products
Embedding or use of Mota Italic Fonts in commercial products (e.g., but not limited to: electronic books, goods for sale, alphabet products such as for scrapbooking, adhesive or rub-on lettering, embedding in software, games, or gaming devices – irrespective of whether the vectorized Fonts themselves are embedded or if it image files of the Font's glyphs are displayed) is expressly prohibited by this Agreement. Embedding of the Fonts in commercial products shall be governed by a separate License Agreement. Additional license fees may also apply depending on the embedding needs.
4) Protection of Font Data
The Font Software may not be installed or used on a server that can be accessed via the Internet or other external network system (a system other than a LAN) by workstations which are not part of designated licensed user and location.
You may take a digitized copy of the Font used in a particular document to a commercial printer or service bureau for outputting this particular document (this document may be edited by the printer or service bureau). In the event of use of the Font Software for other purposes, the printer or service bureau must purchase its own Font Software licenses.
4.1) Thank You
Mota Italic thanks users of their Fonts for their business and for taking all reasonable actions to protect the Font data.
5) WEB Fonts
5.1) General Use of WEB Fonts
WEB Fonts are licensed under the same terms listed above for the Regular Fonts, but with the following additions or exceptions listed here. WEB Fonts are designed, and licensed, strictly for use online.
5.2) Online Use of WEB Fonts
In addition to the specific number of “User Licenses” the Licensee purchases, they also purchase a specific number of “Domain Licenses” (one domain included in the base price) for the WEB Fonts to be used on. The use of the WEB Fonts are allowed for use only on the specific number of purchased domains. To be used in additional domains, an upgrade must be purchased for a small fee. The accompanying Regular Fonts that come alongside the WEB Fonts may be used by the licensee as defined in this Agreement.
5.2.1) WEB Fonts - Online Users
In addition to the embedding rights for WEB Fonts, there are additional users allowable. When the WEB Fonts are being used on a Licensed Domain, the WEB Fonts may be used, covered by a limited and temporary license, by additional users apart from the number of User Licenses purchased. This means, for example, you may have a studio of 5 designers, so you purchase 5 User Licenses for 1 Domain. During the development of this domain’s website you contract work to an external designer who also needs the typeface. You are allowed to transfer the WEB Fonts (only the WEB Fonts, not the Regular Fonts) and related documentation to that designer who would have a limited use license solely for the Licensed Domain. They may not use the WEB Fonts for any purpose outside of the scope of “online” work for that domain (i.e. for additional print material or for a different online project). Usage rights for WEB Fonts are strictly attached to the Licensed Domain and terminate upon completion or expiration of the “online” project. The WEB Fonts must be deleted by all “external” or “internal” users who are not covered by the original number of purchased users once their work on the project is completed.
5.3) Additional Embedding Uses for WEB Fonts
Mota Italic WEB Fonts are not strictly bound by all restrictions described in sections 3.1-3.6 as described here.
5.3.1) Rasterized Image Files with WEB Fonts
Section 3.1 is not applicable to the WEB Fonts.
5.3.2) Portable Document Files (PDFs) with WEB Fonts
Embedding into PDFs is allowed for more instances providing the same protective measures are taken: 1) subsetting must be enabled to limit the number of characters embedded; 2) the PDFs must be configured to be "non-editable," to prevent the alteration, addition, deletion, or extraction of any text, by any party other than the licensee.
Unlike the Regular Fonts, these PDF files are not limited solely to internal use or to providing documents to printer services. Non-Commercial PDFs generated with Mota Italic WEB Fonts may also be distributed to the general public or on publicly accessible pages on the internet. Please see section 3.6 for definitions of commercial uses.
5.3.3) Flash Files with WEB Fonts
Section 3.3 also applies to WEB Fonts.
5.3.4) @Font-Face with WEB Fonts
@Font-face css font linking is allowable for WEB Fonts.
5.3.5) All Other Embedding with WEB Fonts
Embedding WEB Fonts with sIFR, Cufón, and Typeface.js is allowable with the following conditions: 1) They use "subsetting" whenever possible, to limit the number of characters embedded; 2) Are "static," not "dynamic," as to prevent any 3rd party apart from the original licensee from specifying, selecting, copying, cutting, pasting or modifying the text that is displayed in the Fonts; 3) Files must be configured with any reasonable protection provided by the technology.
Embedding WEB Fonts into online commercial products is not allowed. This includes but is not limited to websites embedding WEB Fonts into websites charging for content and where the pay-content is rendered in Mota Italic WEB Fonts (i.e. digital newspapers or magazines with subscriptions).
Embedding WEB Fonts into “dynamic” commercial applications or websites is not allowed. The WEB Fonts may be used in free interactive web applications or websites, but not for those which are a part of pay services or that generate products that are then sold. These uses fall under an OEM license, please contact Mota Italic for more information.
5.4) Protections of WEB Fonts
When used for the allowed embedding methods described herein, WEB Fonts may be stored on remote servers accessible via the internet. Other hosting, storing, or usage not expressly defined in section 3 or 5 is not allowable by this Agreement.
You may adapt, modify, alter, translate, convert, and install the Fonts into other formats for use in other environments, subject to the following conditions: 1) A computer on which the converted Font is used or installed shall be considered as one of your permitted number of computers as stated in the purchase receipt. 2) Use of the your converted or modified Font shall be pursuant to all the terms and conditions of this Agreement. 3) Such converted or modified Fonts may be used for your own customary internal business or personal use exclusively and may not be distributed or transferred for any purpose. 4) You may not modify or remove the name(s) of the Fonts, designer’s or company’s names, or copyright and trademark notices contained in the original Fonts. 5) Neither warranty nor technical support can be given for Fonts converted or modified by anyone other than Mota Italic.
Mota Italic is happy to help modify and customize their Fonts for your specific needs. For all cases of Mota Italic customized Fonts, the general Warranty terms stated in section 9 will remain in effect from the date of shipping modified Fonts.
You agree not to duplicate, reproduce, sell, transfer, license, or otherwise distribute the Fonts (original or modified) in any form, without prior written permission from Mota Italic.
You agree not to create Derivative Works from the Fonts or any portion thereof. You further agree not to use the Fonts in connection with software and/or hardware which create Derivative Works of such Fonts.
7) Back-up Copies
You may make back-up copies of the Fonts for archival purposes only, provided that you retain exclusive custody and control over all copies. Any back-up copies must contain the same copyright, trademark, and other proprietary notices that appear in the Fonts.
Through the user accounts section of motaitalic.com you are able to re-download your purchased Fonts.
8) Transfer of License
You may not rent, lease, sublicense, give, lend, or further distribute the Fonts, parts of them, or any copy thereof, except as expressly provided herein.
8.1) Transfer of WEB Fonts
As stated in section 5.2.1, temporarily transferring WEB Fonts to additional users, for the use in a Licensed Domain, is allowed. Those rights are attached solely to work associated with the Licensed Domain and do not apply to any use outside of the Licensed Domain.
Use of WEB Fonts is also transferrable to the owner of the Licensed Domain, for the sole use on that Domain. Transferred licenses are attached to online-related work, and the WEB Fonts are not to be used “offline” or for any additional domains without purchasing additional licenses. This means, as a design studio working on a clients’ website, upon completion of the website, you may transfer the WEB Font files, along with this EULA and Documentation, to your client. That client has the right to use the WEB Fonts for use in updating or modifying their website at the Licensed Domain. They receive no rights to use the WEB Fonts for any purpose other than for work on the Licensed Domain. You (the original Licensee) retains “offline” usage rights to the Regular Fonts. If used for additional Domains, then an additional Domain License must be purchased for a small fee.
You have a right to cancel your order within fourteen (14) days of the sale, providing the purchased Fonts have not been downloaded. Once the Fonts have been downloaded or the packaging has been opened on physical products, the product cannot be returned.
Mota Italic Fonts may only be exchanged or returned at the sole discretion of Mota Italic as stated below in section 9 (Warranty).
Mota Italic warrants the Fonts will perform as advertised for ninety (90) days following the purchase. Questions regarding installation and use of the Fonts are welcomed and responded to for the duration of this Agreement.
Warranty claims made within ninety (90) days of purchasing will be addressed with the highest priority. Every effort will be made by Mota Italic to assist in correcting any problems, bugs, or unexpected behaviors of the Fonts. If the Fonts do not perform correctly, Mota Italic will replace the original Font file(s). If the issue is deemed not repairable by Mota Italic then a refund for the license fee paid will be refunded.
11) Limitation and Liability
Mota Italic does not and cannot warrant the performance or results you may obtain by using the software. In no event will Mota Italic be liable to the licensee for any consequential, incidental or special damages, including without limitations any lost profits, lost data, lost business opportunities or lost savings. Under no circumstances shall Mota Italic's liability exceed the replacement cost of the software. Under no circumstances shall Mota Italic’s liability exceed the substitution or the replacement cost of the Font, whichever is less, and at the sole discretion of Mota Italic.
12) Copyright and Trademarks
You agree that the Font and documentation, and all copies thereof, are owned by Mota Italic, and such structure, organization, and code are valuable property of Mota Italic. You acknowledge that the Fonts and all documentations are protected by the laws of Germany and international trademark, copyright and industrial design law. You agree to treat the Fonts as you would any other copyrighted material.
You agree to use trademarks associated with the Fonts according to accepted trademark practice, including identification of the trademark owner's name. Trademarks can only be used to identify printed output by the Fonts. The use of any trademark as herein authorized does not give you any rights on or to intellectual property rights in the Fonts, the documentation, or any associated trademarks.
13) Intellectual Property Rights
You acknowledge that Mota Italic is the exclusive owner of all worldwide right, title and interest in and to the Fonts, including without limitation all copyright, patent, trademark, trade secret and other intellectual property rights, in and to the Fonts as artwork, software, and otherwise, including all copies of the Fonts, regardless of the format in which they are expressed or the media on which they are recorded. Any and all updates, revisions, enhancements or additions to the Fonts shall automatically be deemed to be included in the definition of "Fonts" hereunder and shall become part of, and subject to, this Agreement. You acknowledge that Mota Italic shall be the exclusive owner of all worldwide rights, titles and interests in and to any and all modifications of, and derivative works and fonts based on or substantially similar to, the Fonts, regardless of who made such modifications or derivative works or fonts. The names of these Fonts are trademarks of Mota Italic. All goodwill that may become attached to the Trademarks as a result of your use of the Fonts shall inure to the exclusive benefit of Mota Italic. You agree not to challenge Mota Italic's rights in or to the Fonts or the Trademarks or the validity of any intellectual property or other right of Mota Italic therein, or to infringe Mota Italic's rights therein. This Agreement is not a grant to you of any right, title or interest in or to the Fonts or the Trademarks except for the limited, non-exclusive, non-transferable license to install and use the Fonts as set forth stated above, subject to the terms and conditions of this Agreement. All rights not expressly granted herein are reserved to Mota Italic.
Mota Italic reserves the right to amend or modify subsequent versions of this Agreement at any time and without prior notification.
15) Governing Law:
This Agreement is governed by the laws in force in Germany.
The invalidity or inoperativeness of one or more provisions of this Agreement does not affect the validity of the rest of the contract and the remaining other provisions shall thereby remain unaffected. An invalid provision shall be replaced by a provision that is permitted by law and which approaches the invalid provision and economic interests intended by the parties. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.
The license granted herein is effective until terminated. This Agreement shall automatically terminate upon failure by you to comply with its terms. Upon termination, you must destroy all copies of the Fonts and related documentation and cease all use of the trademarks.
©2009-2010 Mota Italic
Schnellerstraße 113, 12439 Berlin
+49 (0)30 63 22 31 19