Peregrin Studio® Desktop License

14 Feb 2023

Peregrin Studio - Font Software

END USER LICENCE AGREEMENT
Desktop Licence 

This End User Licence Agreement (the “Agreement” “EULA,” “Licence,” “Agreement” or “Licence Agreement” “Desktop Licence”) is a legal agreement between the licence holder (“Licence Holder”, “End User” or “you”)  and Peregrin Studio (“Peregrin”) and becomes a binding contract between you and Peregrin. In this Licence the Licence Holder is the individual or company that is the ultimate end user of the Font Software. This Licence is granted by company size (“Company Size”), calculated by the total number of people who work for the Licence Holder, even if temporarily (collectively, “Employee”), every Employee is considered an End User. This Agreement governs the terms of use of the Font Software and the design of the Fonts embodied therein (collectively, “Font Software”).

 You hereby agree to the following:

1)   LICENCE GRANT  

Upon payment in full, you will be granted a non-exclusive, non-assignable, non-transferable, terminable licence to use the Font Software. Use of the Font Software is strictly limited to the number of End Users authorised by your purchase. Third parties commissioned by the Licence Holder are granted access to the Font software under this Licence (expanded in section 4). End Users and third parties may only use the Font Software for works in relation to the Licence Holder, no other uses the the Font Software are granted.

2)   INSTALLATION

For a Desktop Licence purchase, the Font Software may be installed on multiple devices, such as a desktop, laptop, tablet, or smartphone, but only for the use of the End Users authorised by your purchase. The licence tier purchased must always accurately reflect the Company Size, the Licence Holder is responsible for upgrading the licence tier if the number of End Users exceeds that authorised by your purchase. 

 
3)   DESIGN USES PERMITTED

Use of the Font Software for the creation of design works and rasterised images for websites is permitted. The Font Software may be used to produce multiple documents or products either digital or printed, without restriction on instance limit. Use of the Font Software in the following circumstances are also permitted under the Licence.

 
COMMERCIAL;  With a Desktop Licence you may use the Font Software to produce A) products, documents, promotional campaigns and/or related materials; B) advertising campaigns and/or related materials; and C) product packaging and/or related materials relating to the Licence Holder. This includes, but is not limited to, each interior and/or exterior store/business sign, billboard and/or electronic billboard, product package, social media post, shop display, billboard, voucher, media case, book cover, etc. in which the Font Software appears in a static, rasterised, non-moving manner. This commercial use does not extend to logo design or distribution, to create a logo or mark using the Font Software requires the purchase of a Logo Licence or Trademark Licence which you can acquire through hello@peregrinstudio.com. 

LIMITED EMBEDDING;   You may embed or otherwise include the Font Software within a PDF, PowerPoint, Word or similar electronic document, distributed physically or online for commercial use only with the following provisions; A) the fonts must be “read-only” and cannot be extracted; B) the online use is not a redistribution of usable versions of the Font Software. If you wish to sell documents containing embedded copies of the Font Software you must purchase a ePub Licence or App Licence depending on your use, which is available through hello@peregrinstudio.com.

 4)   THIRD PARTY  

Any third party, such a design consultancy, freelancer, or advertising agency working on behalf of the Licence Holder does not require their own licence to handle the Font Software. The Licence Holder is permitted to share the Font Software and related files to any third party they require, as long as the Font Software is only used for work commissioned by the Licence Holder. While working on behalf of the Licence Holder and using the Font Software, third party entities are governed by this Licence. Designers and agencies only require their own licence if they are creating work for themselves.

 
5)  FONT MODIFICATIONS AND/OR DERIVATIVES  

In the event an End User wishes to modify or amend the licensed Font Software, you are invited to contact Peregrin at hello@peregrinstudio.com. You may import characters from the font as graphical objects into a drawing program and modify such graphical objects for the purpose of the Licence Holder. You may not make alterations or digital derivatives (such as exporting the Font Software, or a derivative, altered variation of it in any file format) for distribution. Any derivative works created by you which use or are based upon the Font Software and/or the designs of the fonts (including, but not limited to, software or other electronic works) are the exclusive property of Peregrin and shall be subject to the terms and conditions of this Licence. Derivative works based upon the Font Software may not be sub-licensed, sold, leased, rented, lent, or given away.  

 
You may not alter Font Software in any manner whatsoever. You may not alter for the purpose of adding any functionality that such Font Software did not have when delivered to you by Peregrin. Altering or amending the embedded characteristics of the Font Software is prohibited. Otherwise, you agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or otherwise attempt to discover the source code of the Font Software except as may otherwise be permitted by law. 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. You hereby agree not to transmit any electronic document to any party that intends to “hack,” edit, alter, enhance, or otherwise modify or remove the Font Software from any document.

 
6)   USES NOT PERMITTED WITHOUT EXTENDED LICENCE  

Use of the Font Software is not permitted in the following circumstances without purchasing the applicable additional licence or licence extension. Any descriptions provided herein are intended only as specific examples for your convenience and are not a limitation of any restrictions. If you require any of these types of use or if you have questions regarding your needs and the applicable licence required, please contact hello@peregrinstudio.com for assistance.

 
TRADEMARK;   You may not use the Font Software in any trademark registration. If you wish to include the Font Software in a trademark registration you will need to purchase a Trademark Licence which you can get through hello@peregrinstudio.com. 

WEB FONTS;   You are not permitted to convert desktop font formats for use on the Internet. Use of the Font Software as Webfonts is only permitted by the purchase of a Web Font Licence from peregrinstudio.com. This Desktop Licence does not permit any conversion or transmitting of the Font Software over the Internet for the purposes of font serving or font replacement by means of WOFF2, WOFF, EOT, SVG & TTF, embeddable Open Type, or other technologies that now exist or may be developed in the future.

BROADCAST OR FILM; The use of Font Software to create content that is broadcast or streamed, including, but not limited to, content via Cinemas, Cable television, Streaming Services, Entertainment screens, or public spaces, etc is not permitted without a Broadcast Licence. Social Media use is covered under the Desktop License. A Broadcast Licence is available via hello@peregrinstudio.com

 SERVER USE;   The Font Software may not be installed or used on an internal or external (i.e. internet accessed) server/network without a licence extension. All End Users must have their own licence and have authorised access under a valid Server Licence purchase.  

ALPHABET PRODUCTS;   Whereby individual glyphs (modified or unmodified,) such as letters, numerals, symbols, punctuation and/or ornaments are sold in isolation as a physical or digital product is prohibited. Products in which an individual glyphs is the primary element in the design, including, but not limited to, individual letter pendents, single letter clothing design and merchandise, is not permitted without permission from Peregrin. Contact hello@peregrinstudio.com.

ELECTRONIC DEVICE EMBEDDING AND SOFTWARE EMBEDDING;   Embedding the Font Software in Electronic devices or within other software requires specific licence extensions. Embedding points to clarify; A) You may not use the Font Software in an e-book. An e-book is defined as an ePub-formatted collection of HTML, CSS and image files, or as a PDF. If you wish to create an eBook containing embedded copies of the Font Software you must purchase a ePub Licence. B) Embedding the Font Software within other software includes, but is not limited to, application content, user interfaces or other content for personal computers, gaming consoles, smart televisions, or other works distributed electronically and/or via physical media for sale is not permitted without a App Licence. For example, to sell or distribute software that contains embedded copies of the Font Software for other platforms, such as, but not limited to, Playstation, XBOX, Wii, Mac OS or Windows. C) Distributing software for mobile devices containing embedded copies of Font Software, (defined as any device running Apple iOS, Android, Windows Phone, Blackberry operating systems) requires a Mobile App Licence. D) Embedding the Font Software in electronic devices (“OEM”) includes, but is not limited to, desktop computers, smart phones, mobile devices, gaming consoles and devices, media players, electronic kiosks, computer servers, smart televisions and/or other devices that exist now or in the future is not permitted without a licence extension.

 ON-DEMAND APPLICATIONS (I.E PRINT-ON-DEMAND AND CREATE-ON-DEMAND SERVICES).   Any use that allows anyone other than you, the Licence Holder or licensed End User, to customise a digital or physical end product using the Font Software is strictly prohibited, whether for Commercial use or Non-commercial use. This includes, but is not limited to, “print on demand”, “made to order”, or “download on demand” application. For example, physical goods such as T-shirts, greeting cards, mugs, stickers, business cards, invitations on a customised, per order basis. For clarity the Licence Holder may use the Font Software with a print or design on demand service to create a completed end product. 

 7)   SERVICE PROVIDER  

If you require the services of a service provider, such as a commercial printer, you are permitted to transfer a single copy of the required Font Software or embed the Font Software in an electronic document to that specific service provider solely for the purposes of printing said document and producing your work. Upon completion of your job, the service provider must delete the Font Software, It is your responsibility to inform the service provider about this requirement.

 8)   UPGRADES AND QUERIES

In order to obtain a licence upgrade, please contact Peregrin. Should you desire any additional use not mentioned within this Agreement or are unsure whether your use of the Font Software is specifically permitted under this Agreement, please email hello@peregrinstudio.com.

 
9)   REFUNDS 

This Licence is non refundable. The Font Software may only be exchanged in circumstances such as the accidental purchase of the wrong weight or style, requests can be made at hello@peregrinstudio.com. In the event of a defect in the Font Software, Peregrin will use reasonable efforts to address and amend the Font Software to conform to the documentation as soon as practical.

 
10)   INTELLECTUAL PROPERTY OWNERSHIP

Peregrin, its successors and assigns, retain all right and title in and to the Font Software together with the design of the Font embodied therein together with any trademarks used in connection therewith. Except as may be otherwise expressly permitted herein, you agree not to copy adapt, modify, alter, translate, convert, or otherwise change the Font Software, or to create derivative works from the Font Software the design, or any portion thereof. You further agree not to use the Font Software in connection with software and/or hardware which create derivative works of such Font Software. You hereby agree that the design of the Font and the Font Software and that the unauthorised use of the design of the Font or the Font Software is an infringement of Peregrin’s exclusive rights and causing significant monetary harm. All rights not expressly granted herein are reserved to Peregrin. Peregrin’s rights and remedies in the event of an infringement shall be cumulative in nature.

 
11)   GOVERNING LAW

The design of the Font, the Font Software and any trademarks associated therewith are the exclusive property of Peregrin and are protected by the copyright and other intellectual property law of the United Kingdom, and by the copyright and design laws of other nations, and by other international treaties. You agree to treat the Font Software as you would any other copyrighted material, such as a film or book.

 
12)  DISCLAIMER   EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE PRODUCT, IS PROVIDED “AS IS”. THE FOUNDRY EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

13)   LIABILITY   PEREGRIN DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. PEREGRIN DOES NO WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN USING THE FONT SOFTWARE. UNDER NO CIRCUMSTANCES SHALL PEREGRIN 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 LOST PROFITS, LOST SAVINGS OR BUSINESS INTERRUPTION AS A RESULT OF THE USE OF THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. UNDER NO CIRCUMSTANCES, SUBJECT TO THE CONDITIONS NOTED HEREIN, SHALL PEREGRIN’S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE REPLACEMENT COST OF FONT SOFTWARE OR THE PROVISION OF SUBSTITUTE SOFTWARE, AT THE SOLE DISCRETION OF PEREGRIN. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

14)   GENERAL   You acknowledge that you have read this agreement and understand it and that by using the Font Software you will be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Peregrin and you which 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 Peregrin 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 Peregrin with a provision that effects the intent of the invalid provision.

15)   TERMINATION   The Agreement shall automatically terminate in the event you or any authorised End User breaches the terms set forth herein. When purchasing the licence of the Font Software, Peregrin trusts the Licence Holder to truthfully present Company Size, and the usage to Peregrin that will determine to the appropriate licence and tier. Upon any unlicensed use or breach of tiers the Licence Holder has 14 days to retroactively settle the appropriate licences by paying in full for the usage. Notwithstanding any termination of this Licence, Peregrin expressly reserves any and all other remedies under equity or law. The Agreement may only be modified in a writing signed by Peregrin.

 Peregrin Studio

DEFINITIONS 

For the purpose of this Licence the following terms shall be as defined below;

 
“Font Software” 

The design of the Fonts together with the Software which, when used, generates typeface and typographic designs and ornaments.

 
"Licence Holder”

Is the person or company who purchased this Licence.

 
“End User” / “you”

Are the people designated by the Licence Holder to use the Font Software

“Company Size”

The metric used to distinguish Desktop Licensing tiers, by means of counting the number of employees working for the Licence Holder.

“Employees”

People working for the Licence Holder, including temporary and permanent.

“Instance”

Instance is is any end product, physical or digital (i.e. Business cards, leaflets, homemade jam labels). To clarify they can be of the same thing or different items, but the number of end product must not exceed the Instance number in the Licence purchased. 

PEREGRIN STUDIO®

Peregrin is an independent studio playing with typography & design.

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