Server License

END-USER LICENSE AGREEMENT (EULA) – SERVER (SaaS) 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.
• “End User” means any third-party customer, subscriber, or visitor who accesses the SaaS Application to generate documents, images, or products using the Font Software.
• “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.
• “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.
• “SaaS Application” means a software-as-a-service, web-to-print platform, or automated digital platform owned or controlled by You and hosted on a Server, which allows End Users to create, design, or customize digital or physical products.
• “Server” means a single hardware server, cloud instance, or virtual machine accessible to multiple users, on which the Font Software is installed to power the SaaS Application or automated generation processes.

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. Server Installation: Install the Font Software on the specific maximum number of Servers or cloud instances specified on Your invoice or license confirmation.
• 2.2. Automated Generation & Web-to-Print: Use the Font Software within Your SaaS Application to dynamically generate static digital documents (e.g., PDF, EPS), rasterized images (e.g., JPEG, PNG), or physical printed goods based on the input of End Users.
• 2.3. End User Access: Allow unlicensed End Users to interact with the Font Software exclusively through the closed user interface of Your SaaS Application to design and generate the permitted output files.
• 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 & Design Software: Install the Font Software on any local Workstation (Mac or PC) for general desktop design, corporate branding, or offline document creation outside of the Server environment. (Requires a Desktop License).
• 3.2. Extraction Abuse: Allow End Users to download, extract, copy, or install the Font Software on their own devices. The Font Software must remain securely hosted on Your Server and may only be delivered to End Users as flattened, un-editable output files (e.g., a rasterized image or a subset PDF).
• 3.3. Logo and Trademark Design: Use the Font Software to create a Primary Brand Logo for Your own company, or allow End Users to use the SaaS Application to generate and legally register Primary Brand Logos as trademarks. (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 Server Limits: Install the Font Software on a greater number of Servers or development/production instances than specified on Your invoice. (Requires purchasing a license upgrade).
• 3.6. Transfer and Distribution: Rent, lease, sublicense, give, lend, or distribute the standalone Font Software files to any third party, including Your End Users. You may not transfer Your license rights to another entity unless they agree to these terms, You destroy all Your copies, and the scope of the license remains unchanged.
• 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, and Game Embedding (Cross-License Restriction): Use the Font Software for standard website styling via @font-face (outside of the SaaS generation interface), embed it into standalone mobile/desktop applications that render locally, or embed it into video games, Electronic Publications, or OEM hardware. (Requires the purchase of Web, App, or Game 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.