This licence agreement (“Licence”) is a legal agreement between you (“Licensee” or “you”) and Design Cuts Limited, a company incorporated and registered in England and Wales under company number 08543007 and whose registered office is at Krome House, Pound Road, Chertsey, England, KT16 8ER (“Licensor”, “us” or “we”) for downloading, installing or using the software, electronic documents, instructions, guidance, and tutorials including podcasts, video downloads, and any other form of the data or digital media associated with the software (“Resources”).
We are authorised by the designers and copyright owners of the Resources to license use to you. We do not sell the Resources to you and ownership remains at all times with the relevant Owner(s). Your use of the Resources is at all times subject to the terms of this Licence.
Important Notice To All Users:
- By downloading the Resources from this website you agree to be bound to the terms and conditions of this licence. The terms of this licence include, in particular, limitations on liability in Section 5 of the agreement herein.
- If you do not agree to the terms of this licence, we will not license the Resources to you and you must discontinue the downloading process now. In this case you may not download or order any Resources from this website.
- By downloading the Resources from this website you hereby consent to immediate performance of the contract and acknowledge that you will lose your right of withdrawal from the contract once the download or streaming of the digital content has begun.
You should retain a copy of this Licence for future reference.
1. Grant and Scope of Licence
1. In consideration of making the Resources available to you to download, you agree to abide by the terms of this Licence and we hereby grant to you a non-exclusive, non-transferable licence to use the Resources under the terms and conditions of this Licence.
YOU MAY NOT:
- Resell a resource directly or within a wider design/product where the original resource can be extracted in its’ original form. Please see the general and resource specific FAQs for further details.
- Resell a website template whereby the embedded fonts, graphics or other resources can be extracted. For example – web fonts, or background textures could be extracted by a new customer, without them owning this original licence – this is not acceptable. This is acceptable when the template files are passed on to an individual client, although a licence will be required for both yourself, and your client, to justify this.
- Resell a logo template, where the fonts or graphics are used in a stand alone fashion i.e., with no supported elements, and not constituting a ‘wider, original design’. Using fonts in a stand alone fashion for logos is acceptable for individual client projects and personal use, but not for templates sold en-mass.
- Use fonts or graphics within ebooks or downloadable publications whereby the fonts or graphics can be extracted in their original form from this document.
- Use fonts to create alphabets or letterform related products, digital alphabets (alphas), embroidery letters, die-cut products, or stencil products for sale.
- Except as expressly set out in this Licence you undertake:
- not to redistribute the Resources to anyone (even for free)
- not to rent, lease, sub-license including to a third party for manufacturing, loan, or translate the Resources
- to keep all copies of the Resources reasonably secure.
You may embed characters from the Resources into any document you send to third parties but such documents may be viewed and printed (but not edited) by the recipients. You may not under any circumstances embed characters from the Resources into software or hardware products in which the Resources will be used by the purchasers of such products, or from which the Font Package can be extracted or transmitted. Examples of such products may include but are not limited to electronic books or magazines, mobile applications, gaming consoles or electronic games, embroidering or sewing machines.
4. Intellectual Property Rights
- You acknowledge that all intellectual property rights in the Resources anywhere in the world belong to the Owner, that rights in the Resources are licensed (not sold) to you, and that you have no rights in, or to, the Resources other than the right to use them in accordance with the terms of this Licence.
- You acknowledge that you have no right to have access to the Resources in source code form.
5. Limitation of Liability
- You acknowledge that the Resources have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Resources meet your requirements.
- We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this Licence or our negligence up to the amount specified in condition 5.3, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the Licence.
- Our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the price you paid for the Resources.
- We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
- Upon termination for any reason:
- All rights granted to you under this Licence shall cease;
- You must immediately cease all activities authorised by this Licence;
- You must immediately pay to us any sums due to us under this Licence; and
- You must immediately delete or remove the Resources from all computer equipment in your possession, and immediately destroy any tangible copies of the Resources then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
7. Communications Between Us
- If you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you must send this to us by e-mail to firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, by e-mail.
- If we have to contact you or give you notice in writing, we will do so by e-mail.
8. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by any act or event beyond our reasonable control, including without limitation, failure of public or private telecommunications networks.
- We do not warrant that the operation of the items will be uninterrupted or error free or that the items are without defects.
- You may not transfer your rights or your obligations under this Licence to another person or business without our express written consent.
- Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- Under no circumstances will we or the designer of an item be liable to you or any third party for any special, consequential or incidental damages including lost profits, savings or business interruption as a result of the item being defective.
- Under no circumstances will we or the designer of an item be liable to you or any third party for any events that are outside the reasonable control of Design Cuts or the designer – this shall include but not be limited to industrial action, acts of God, terrorism, civil commotion or any other event that could be defined as a Force Majeure.
- This Licence, its’ subject mslightamer and its’ formation, are governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.