Counter Forms
End User Licence Agreement

Please take your time to review this End User Licence Agreement (‘EULA’) as it forms a binding agreement between you and Counter Forms Pty Ltd (‘Counter Forms’, ‘we’, ‘us’ and ‘our’). By purchasing, downloading, or using any fonts from Counter Forms, you confirm that you have read, understand and agree to be bound by this EULA. Nothing in this EULA transfers any intellectual property rights to you. You will not own any intellectual property rights embodied in the fonts in any way. This EULA applies to any font from Counter Forms and any free updates provided by us to fonts licensed by you.

General Licence

Upon purchasing a licence in the appropriate tier, subject to your compliance with this EULA, Counter Forms agrees to grant you a licence to install and use the fonts on an unlimited number of workstations, websites or mobile applications you own or operate, for an indefinite period of time.

You may convert the fonts to outlines and make adjustments provided that no new font files are generated. If you distribute a document embedding the fonts to a third party, they must be made aware that the fonts cannot be used outside of the specific document you have created without obtaining a licence from Counter Forms.

The appropriate license must be purchased by the entity that requires the font files for ongoing purposes, according to the number of people employed in their organisation (defined at Licence Tiers). This may be (a) the end client that requires the font files or (b) a designer that intends to use the font files across multiple projects or (c) both, if the designer and the end client require font files.

Fonts may be temporarily shared with a third party engaged by you, provided that (a) they require the font for production of a design (e.g. printers and web/app developers, design subcontractors), (b) they agree to this EULA, and (c) they delete the font immediately after concluding the project.

Trial Licence

Trial fonts are fonts with the prefix ‘Unlicensed’ in the font file name (‘Trial Fonts’). Trial Fonts are free to use for student projects and general evaluation purposes only. They may be installed on an unlimited number of workstations, websites or mobile applications for an indefinite period. You may not modify Trial Fonts in any way. If you wish to use a font for any other reason than as permitted above, you must purchase a General Licence.

Licence Tiers

Our licence tiers help calculate the appropriate licence fee and are based on the number of people employed in your organisation at the time of purchase. We define employed/employment as continuous work over a 3-month period. Freelance subcontractors will also be considered employed if their work is persistent and ongoing with the organisation.

For large organisations (i.e. organisations with more than 500 employees), you may define your licence tier by the number of people employed in your department, provided that you can demonstrate that your department has a reasonable degree of independence and will not share licensed fonts with other departments. Our licence tiers are defined as:

A   

Individual   

1 person in your organisation

B   

Micro

2–5 people in your organisation

C   

XX Small

6–10 people in your organisation

D   

X Small

11–25 people in your organisation

E   

Small

26–50 people in your organisation

F   

Medium

51–100 people in your organisation

G   

Large

101–175 people in your organisation

H   

X Large

176–300 people in your organisation

I   

XX Large

301–500 people in your organisation

J   

XXX Large   

Over 501 people in your organisation

We require that you confirm the number of people employed in your organisation at the time of purchase. The only scenario where we require reporting and adjustment to your tier is if the size of your organisation exceeds 500 people. A custom price will be generated once evaluated.

Intellectual Property

We or the respective rightsholders (including the typeface designers, as applicable) own any and all intellectual property rights to the fonts, including but not limited to, the copyright of the font and any underlying font files and font software, our website or any registered or unregistered trade marks which are created or owned by us. Nothing in this EULA transfers any intellectual property rights to you.

Unless otherwise stated in this EULA, you cannot sell, transfer, share, license, sub-license, rent, lend, commercialise the fonts or give away the fonts to any third party. You may temporarily share fonts with third parties as described in the relevant licence tier.

You acknowledge that you are not permitted to:

  • use the fonts for any unlawful purpose or in any unlawful manner;
  • use the fonts in connection to material that is offensive or discriminatory, hateful, harmful or violent towards any person, group of people or population;
  • use the fonts for any political messaging (including but not limited to, in connection to lobbying institutions or politically aligned think tanks) without prior written approval from Counter Forms;
  • make any copies of the fonts, except where expressly authorised by this EULA or where a copy is made strictly for back-up purposes;
  • modify, adapt, translate, reverse engineer, decompile, disassemble or alter the fonts to make derivative work that results in a new font or to discover the computer code of the fonts’ underlying software without our permission;
  • copy or trace the fonts by manual or automated means;
  • change the fonts from one file format to another, rename it, or use it outside the scope of the licence.

You warrant, acknowledge, and agree that:

  • the number of people in your organisation and any other information provided to us to determine your licence tier is true and accurate;
  • the address and contact details you have submitted in your order are accurate;
  • you will undertake all necessary steps to prevent any unauthorised access to our fonts and to any copies of our fonts;
  • any licence granted to you to use a font is subject to full payment of the licence fee;
  • we reserve the right to terminate your licence if you (a) fail to make full payment of the licence fee, or (b) otherwise breach any term of this EULA;
  • you will immediately stop using the fonts and delete all font files held by you (and any other person under the same licence) upon termination of your licence; and
  • all licence fees are non-refundable.

Warranties

The fonts are provided ‘as is’ without any warranty of any kind. We do not warrant or make any representations regarding the completeness, accuracy, reliability or suitability of the fonts for your use. We do not guarantee that the font will be compatible with any third party software applications or any specific internet browser. We do not guarantee that the fonts will be available to licence or download from Counter Forms at any given time.

Except as provided for under the Australian Consumer Law, we are not liable to you for any loss of data, interruption of your business, or other damages or consequential loss caused to you in relation to your purchase and use of the fonts. You will indemnify and hold Counter Forms, its directors, officers, employees, agents, licensors and contractors harmless from any loss, damage, proceeding and cost (including all reasonable legal costs), whether in contract, tort, under statute or otherwise, directly or indirectly as a result of your use of the fonts, Counter Forms website or your breach of this EULA or any licence condition, or your violation of any applicable law or rights of any third party.

All prices displayed by us are subject to change without notice. The valid price at any time is that which is published on our website at the time of purchase. Please note that the prices listed will differ according to your country as we use purchasing power parity data from the World Bank to offer relatively equitable prices for different nations.

Summary

We have tried to keep this EULA as simple as we can. You can only use the fonts in accordance with the terms and conditions of this EULA. Please note that we may change this EULA at any time and will post these changes at www.counter-forms.com. This EULA embodies the whole understanding between you and Counter Forms and shall be governed by the laws of Victoria, Australia. If any part of this EULA is found not to be applicable by the courts of Victoria, Australia the other terms shall continue to stand in full force and effect. If you have any questions regarding this EULA, please contact us at mail@counter-forms.com.

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