OEM / Hardware License

END-USER LICENSE AGREEMENT (EULA) – OEM / HARDWARE LICENSE

IMPORTANT: PLEASE READ CAREFULLY. This End-User License Agreement (“Agreement”) is a legally binding contract between you, or the legal entity you represent (“You” or “Licensee”), and ROHH Type Foundry (“Licensor”). By downloading, installing, accessing, or using the Font Software, You agree to be bound by the terms and conditions of this Agreement. If You do not agree to the terms and conditions of this Agreement, do not download, install, or use the Font Software.

1. DEFINITIONS

For the purposes of this Agreement, the following terms shall have the following meanings:

• “Derivative Work” means any work, including but not limited to software, data, or digital assets, based upon or derived from the Font Software (or any portion of the Font Software) in any form.
• “Font Software” means the software or instructions provided by ROHH Type Foundry which, when used on an appropriate device or in an appropriate application, generates typeface and typographic designs, including all bitmap representations, outlines, metadata, and updates.
• “Hardware Product” means a specific physical device, OEM (Original Equipment Manufacturer) product, consumer electronic, or machinery manufactured and distributed by You (e.g., vehicle dashboards, medical devices, household appliances, industrial control panels, musical equipment, or touchscreen displays) where the Font Software is embedded.
• “Primary Brand Logo” means the core, official trademarked insignia, wordmark, or corporate identity used to legally identify a single business entity, product, or service.
• “Publicly Available Software” means software that is distributed as open-source software (e.g., under the GNU General Public License) or any other licensing model that requires the distribution of source code.

2. GRANT OF LICENSE & PERMITTED USES

Subject to Your full compliance with all the terms and conditions of this Agreement, and upon payment of the applicable fee, ROHH Type Foundry grants You a non-exclusive, non-transferable, revocable, and limited perpetual license to:

• 2.1. Hardware & Firmware Embedding: Securely embed the Font Software into the firmware, operating system, or functional interface of the specific Hardware Product(s) owned or manufactured by You, as specified on Your invoice.
• 2.2. Manufacturing Limits: Manufacture and distribute the Hardware Product up to the aggregate maximum number of physical units specified on Your invoice or license confirmation.
• 2.3. Functional Display Styling: Use the Font Software to render typography as a functional part of the device’s interface, touchscreen display, control panel, or embedded system.
• 2.4. Archival Backups: Make backup copies of the Font Software, provided that such copies are for Your internal backup purposes only and remain in Your exclusive control. Any copies that You are expressly permitted to make pursuant to this Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Font Software.

3. RESTRICTIONS & USES NOT COVERED

You may not use the Font Software for any purpose not expressly permitted in Section 2. Except as expressly agreed in writing with ROHH Type Foundry, You strictly may not:

• 3.1. Desktop Installation & General Design: Install the Font Software on any local Workstation (Mac or PC) for general desktop design to create physical print materials, marketing collateral, or packaging for the Hardware Product. (Requires a Desktop License).
• 3.2. Extraction & Authoring Abuse: Distribute or configure the Hardware Product in a manner that allows End Users or third parties to extract, download, or access the Font Software as a standalone file, or use it to generate custom off-device documents.
• 3.3. Logo and Trademark Design: Use the Font Software (or extracted vector outlines of the Font Software) to create a Primary Brand Logo, including the logo for the Hardware Product itself. You may not legally register any design, mark, or asset incorporating the Font Software as a trademark, service mark, or trade dress. (Requires a Logo / Trademark License).
• 3.4. Format Conversion & Modification: Modify the underlying Font Software code in any way. You may not rename the font, alter its metadata, change embedding bits, or create Derivative Works.
• 3.5. Exceeding Manufacturing Limits: Embed the Font Software in a greater number of physical units or entirely different Hardware Product lines than specified on Your invoice. (Requires purchasing a license upgrade).
• 3.6. Transfer and Distribution: Rent, lease, sublicense, give, lend, or further distribute the standalone Font Software to any third party. If Your manufacturing partner or client requires the Font Software for their own distinct products, they must purchase their own license.
• 3.7. Artificial Intelligence (AI): Use the Font Software, any part thereof, or any rendered glyphs/outlines in connection with the development, training, or fine-tuning of artificial intelligence (AI) models, generative AI, or deep learning systems. (Using metadata such as font names for training is permitted, provided it does not enable reconstruction of the Font Software).
• 3.8. Web, App, Broadcast, and Game Embedding (Cross-License Restriction): Embed the Font Software into websites (via @font-face), mobile applications, video games, Electronic Publications, or SaaS platforms that are not the local firmware of the licensed Hardware Product. Furthermore, use of the Font Software in television, cinematic film, or monetized digital streaming broadcasts is prohibited. (Requires the purchase of Web, App, Game, Broadcast, or Corporate licenses).

4. THIRD-PARTY SHARING AND VENDOR PROVISION

You may temporarily provide a copy of the Font Software to a commercial printer, prepress bureau, or independent developer exclusively for them to execute a specific job on Your behalf. The vendor must agree to use the Font Software solely for Your project and must completely destroy all copies of the Font Software upon project completion.

5. INTELLECTUAL PROPERTY AND OWNERSHIP

5.1. Ownership: The Font Software, its design, structure, organization, and code are the valuable intellectual property of ROHH Type Foundry. This Agreement grants You a limited right to use the Font Software; it does not constitute a sale of the Font Software or its underlying intellectual property. All rights not expressly granted herein are entirely reserved by the Licensor.

5.2. Updates: Any updates, upgrades, or modifications to the Font Software provided to You by ROHH Type Foundry shall be considered part of the Font Software and remain subject to all terms and conditions of this Agreement.

6. RIGHT TO AUDIT

ROHH Type Foundry reserves the right to request, and You agree to provide, within thirty (30) days of such request, a complete and accurate accounting of the Workstations upon which the Font Software has been installed, along with relevant invoices or receipts, to verify compliance with the terms of this Agreement. If the audit reveals that Your usage exceeds the scope of Your licensed rights, You shall immediately purchase the appropriate license upgrades.

7. WARRANTIES AND LIMITATION OF LIABILITY

7.1. Limited Warranty: ROHH Type Foundry warrants that the Font Software will perform substantially in accordance with its documentation for a period of thirty (30) days from the date of purchase. If the Font Software is defective, Your sole and exclusive remedy shall be the replacement of the Font Software or a refund of the purchase price, at the Licensor’s discretion.

7.2. Disclaimer: ROHH TYPE FOUNDRY DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ROHH TYPE FOUNDRY’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE FONT SOFTWARE IS PROVIDED “AS IS” AND ROHH TYPE FOUNDRY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

7.3. Limitation of Liability: IN NO EVENT WILL ROHH TYPE FOUNDRY BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, ARISING OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE, EVEN IF ROHH TYPE FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF ROHH TYPE FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. TERMINATION

This Agreement is effective until terminated. This Agreement will terminate automatically without notice from ROHH Type Foundry if You fail to comply with any provision contained herein. Upon termination, You must immediately cease all use of the Font Software and completely destroy all copies of the Font Software from all Workstations and hardware devices.

9. GOVERNING LAW AND GENERAL PROVISIONS

9.1. Governing Law: This Agreement, and any dispute arising out of or in connection with it, shall be governed by and construed in accordance with the laws of Poland. The courts of Poland shall have exclusive jurisdiction over any disputes arising under or in connection with this Agreement.

9.2. Severability: 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.

9.3. Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all previous agreements, promises, representations, and negotiations, whether written or oral, regarding the Font Software.