License Terms - Fonts

This License Agreement contains important legal terms, and Licensee acknowledges that by completing the purchase process and/or checking “agree”, Licensee has read the entire License Agreement and agrees to the terms and conditions herein, including, without limitation Section 9 (Important General Legal Provisions). Creative Market offers different types of license agreements and the one selected at the time of purchase applies to Licensee’s use of the Licensed Asset.

Overview: This License Agreement states the terms and conditions of Licensee’s non-exclusive and limited copyright license with respect to the font software ("Font Software") and any other Licensed Assets made available on Creativemarket.com by the Shop Owner and purchased by Licensee for use in Server Products for Licensee’s End Users to create, print, and view End User Documents for Non-Commercial Use during the Term and in the Territory (as each capitalized term is defined below). This License Agreement allows the Permitted Use (as defined below) of the Font Software only on servers owned, leased or otherwise controlled by Licensee, up to the aggregate number of servers selected by Licensee at checkout (each, a “Licensed Server”). Creative Market offers separate licenses that allow for embedded (non-static) use in mobile apps, websites, and digital broadcasting, and e-publications (all of which uses are outside of the scope of this License Agreement). For more information, please contact our Enterprise Sales team.

The "Licensed Asset" means the Font Software and any related instructions, which generate typeface and typographic designs and ornaments when used on an appropriate device; and includes all bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. The Licensed Asset item number will be emailed to Licensee at the account email address Creative Market has on file along with a link to this License Agreement; Licensee should retain this for its records. This License Agreement may also apply to digital content that Creative Market makes available at no charge (e.g., for promotional purposes) only if expressly indicated during the initial download for that digital content, in which case, such digital content shall be deemed included in the Licensed Asset.

This License Agreement allows Licensee to incorporate the Font Software into a server based software application (a Server Product, as defined below) installed onto a Licensed Server in a secure manner (which does not allow anyone other than the Licensee to extract the Font Software) in order to allow an End User (as defined below) to access and use the Font Software only within the Server Products to embed the static graphic output created by the Font Software into an End User Document (as each capitalized term is defined herein). The End User Document itself may not be used by the End User for Commercial Use (e.g., may not be sold), however the End User may print or otherwise output the End User Document onto a physical product for Commercial Use by the End User.

1. Parties To The License Agreement

   1. This License Agreement is an agreement between:

      
      
      1. The “Licensee” who is the individual person indicated as the licensee during the purchase process or, if an individual person is purchasing on behalf of an employer, then only such employer is the “Licensee” and can use the Licensed Asset subject to the terms and conditions of this License Agreement;
      2. and
      3. Creative Market Labs, Inc. (“Creative Market”), on behalf of the seller (“Shop Owner”), as licensor.
   2. If an individual person is purchasing the license on behalf of an employer, such individual person represents and warrants that such individual person has full legal authority to bind such employer, as the Licensee, to the terms and conditions of this License Agreement.

2. Asset Management

   Licensee may upload, for backup/archival purposes only, the Licensed Asset to (i) a server owned, leased, or otherwise controlled by Licensee (other than the Licensed Servers) or (ii) a cloud storage service, cloud-based design app, or digital asset manager, account controlled by Licensee.

3. This License Agreement Permits Both Commercial Use And Non-commercial Use; Commercial Use And Non-commercial Use Defined

   This License Agreement permits Non-commercial Use (as defined below) and/or Commercial Use (as defined below) of the Licensed Asset by the Licensee to create Server Products (as defined below) that enable End Users to create, view, and print End User Documents (as defined below), as expressly specified in Section 4 (Permitted Uses and Quantity Limitations) during the Term on a worldwide basis, except as indicated in the purchase or download process or where prohibited by any law, rule, or regulation (“Territory”). The End User Document itself may not be used by the End User for Commercial Use (e.g., may not be sold), however the End User may print or otherwise output the End User Document onto a physical product for Commercial Use by the End User.

   
   

   1. Commercial Use

      
      

      “Commercial Use” is any use: (i) that involves an exchange of money or other consideration, (ii) that promotes a business (e.g., sole proprietorship, corporation, or partnership), product, or service, or (iii) where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee’s use of the Licensed Asset. If any one or more of the criteria in (i), (ii), and (iii) is met, then the use is deemed “Commercial”.

   2. Non-Commercial Use

      
      

      "Non-Commercial Use" is any use that does not meet the definition of “Commercial Use”.

4. Permitted Uses and Quantity Limitations

   Licensee is granted the limited and non-exclusive license to use the Licensed Asset solely in connection with the following Permitted Uses during the Term in the Territory in compliance with the terms and conditions herein. A “Permitted Use” of a Licensed Asset means use of the Licensed Asset only as expressly permitted below in this Section 4:

   
   
   1. Server Products and End User Documents. Licensee may (i) install the Font Software onto a Licensed Server; (ii) incorporate the Font Software into a single (1) server based software application installed onto a Licensed Server in a secure manner, which does not allow anyone other than the Licensee to extract the Font Software (“Server Product”); and (iii) allow external end users (each, a “Server Product End User”) to access and use the Font Software only within the Server Product to embed the static graphic output created by the Font Software into a document file for view and print only purposes by Licensee or the Server Product End User (an “End User Document”) for the Server Product End User’s Non-commercial Use. An End User Document is limited to a browser app (displayed within a browser window), a PDF™ document, or other functionally equivalent document format, which in all cases prevents the extraction of the Font Software and other Licensed Assets. Licensee shall contractually require and ensure that the Font Software and other Licensed Assets may not be extractable by anyone other than the Licensee and any embedded document file may not be distributed by the Server Product End User or any other person or entity. All use of the Font Software by a Server Product End User shall be subject to a Server Product End User agreement between Licensee and the Server Product End User which restricts the Server Product End User’s right to use Font Software to create, modify, or edit a document except on the Licensed Servers and Server Product as well as prohibits the Commercial Use of a Server Product End User Document by the Server Product End User. Although the Server Product End User is prohibited from selling or making other Commercial Use of the End User Document itself, the Server Product End User and/or the Licensee, on the Server Products End User’s behalf, may output or print the End User Document onto a physical product and the End User may distribute that for the Server Product End User’s Commercial Use. Each Server Product on a Licensed Server of the above a “Server End Product”.
   2. Server Quantity Limitations: This License permits use of the Font Software on only the Licensed Servers and Server Products, up to the number selected at checkout.

5. PROHIBITED USES UNDER THIS LICENSE AGREEMENT.

   For clarity and without expanding the Permitted Uses, the following are expressly prohibited by this License Agreement. (Creative Market offers separate licenses that allow for use in desktop, mobile apps, websites, digital broadcasting, and e-publications. For more information, please contact our Enterprise Sales team):
   
   
   1. Non-Server Product Uses
      
      

      Use other than in the Server Product is prohibited for Commercial and Non-Commercial use. This License Agreement is limited to use of the Licensed Asset on Licensed Servers. Other uses, including but not limited to desktop, mobile apps, websites, digital broadcasting, and e-publications, are not covered by this License Agreement.

   2. Trademark and Copyright

      • Trademark: Licensed Asset may not be used as part of a trademark, service mark, design mark, trade-name, or similar use unless the Licensed Asset is not the predominant element of the End Use. In no event does this License Agreement allow Licensee to -- and Licensee shall not seek to -- register, protect, or enforce any trademark or similar rights in the Licensed Asset itself or components thereof, which must be disclaimed in any trademark registration. Please contact our Enterprise Sales team for a custom license if these rights are desired.
      • Copyright: Licensee may not claim the Licensed Asset (or a modification thereof) as its own copyrighted work (the original Licensed Asset must be disclaimed in any copyright registration).

6. Strictly Prohibited Uses.

   Nothing in this License Agreement grants Licensee any of the following rights, all of which rights are expressly retained:
   • Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form or any modification of it in a way that is directly competitive with the original Licensed Asset is strictly prohibited (e.g., as a stock asset or template) is strictly prohibited.
   • Modifications, amendments, and any other changes to the Licensed Asset are strictly prohibited.
   • Use of any technology that allows the Licensed Asset to be extracted (e.g., to allow the end user to install the font Licensed Asset on their operating system) is strictly prohibited
   • Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute Licensed Asset as a standalone file (meaning just the content file itself, separate from the project or end use that is expressly permitted) is strictly prohibited.
   • Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code or instructions of the Licensed Asset is strictly prohibited, except to the extent applicable law allows reverse engineering or decompiling the Licensed Asset only to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purpose and only to the extent that sufficient information is not provided in a timely manner free of charge by Creative Market or the Shop Owner upon written request.)
   • Use of the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, is strictly prohibited, including, without limitation, any use of the Licensed Asset in a manner that:
     
     
     1. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, or to any animal;
     2. may create a risk of any other loss or damage to any person or property;
     3. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
     4. may constitute or contribute to a crime or tort;
     5. contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
     6. contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
     7. contains any information or content that Licensee does not have a right to make available under any law or under contractual or fiduciary relationships;
     8. contains any information or content that Licensee knows or should know is not correct and current; or
     9. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
   • Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.
   • Use of the Licensed Asset in violation of any law, rules, or regulations is strictly prohibited, including export and embargo laws.
   • Any other use that is not expressly permitted in Section 4 (Permitted Uses and Impression Limitations) is strictly prohibited.

7. Sublicensing To Third Parties Is Prohibited With Limited Exceptions For Clients And Service Providers (Third party use requires the third party to obtain its own license unless a custom license is purchased).

   1. Third Party Use Requires Separate License.

      This License Agreement does not permit sublicensing except for the limited rights to sublicense described below in Section 7.2.

   2. Limited Sublicensing Is Permitted.

      Licensee may sublicense Licensee’s rights to third parties in only three situations:

      
      
      1. to manufacture, market, develop, or host a completed Server Product that uses the Licensed Asset (as expressly permitted herein) when done on behalf of Licensee, provided that the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any other way and Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance;
      2. to a service provider serving as Licensee’s subcontractor to provide services to Licensee provided that Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance; and
      3. to an End User where Licensee grants to that End User a right to use a completed End User Document (as expressly allowed herein). In this instance, the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any way other than is necessary in order to use the End User Document that Licensee provides to the End User. Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee, including the End User restrictions in Section 4.1, and remain liable hereunder for any non-compliance.

8. Attribution

   1. When credit is required: All Editorial Use (as defined below) requires a credit; however for Non-Editorial Use (as defined below) a credit is only required where credits are accorded to other providers of licensed material. Credits, when required, shall be legible and in close proximity to the Licensed Assets and, where applicable, substantially similar in placement and prominence to other credits. “Editorial Use” means use relating to events, information, commentary and analyses that are newsworthy, a matter of public concern, or of general interest to the public. “Non-Editorial Use” means any commercial, promotional, advertorial, endorsement, advertising, or merchandising use.
   2. How to provide credit: “[Licensed asset product type] copyright [Shop Owner] via Creative Market”

9. Important General Legal Provisions

   1. Intellectual Property

      All digital content available on creativemarket.com, including, without limitation, the Licensed Asset, is protected by United States and international copyright and other laws and treaties. As between Licensee and the Shop Owner, the Shop Owner retains ownership of the Licensed Asset, but grants to Licensee the limited, non-exclusive, non-transferrable, and non-sublicensable (except as expressly allowed above), copyright license to use the Licensed Asset as expressly set forth above on the terms herein. All other rights, as between Licensee, the Shop Owner, and Creative Market are reserved by the Shop Owner and Creative Market. Licensee may not assert any ownership in the Licensed Asset itself nor any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the Licensed Asset. Any reference to the “purchase” or “sale” (or similar terms) of the Licensed Asset refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself. As a licensee, Licensee’s ownership of the media and/or device on which the Licensed Asset is recorded, if any, is distinct from and does not grant any ownership right, title, or interest in and to the Licensed Asset itself or any component thereof. This License Agreement does not grant Licensee any rights to trademark or any other intellectual property rights (aside from copyright) or industrial property rights in the Licensed Asset.

   2. Term and Termination

      Unless a specific term is indicated in the purchase or download process, the term of this License Agreement shall continue unless and until terminated as provided herein (“Term”). Creative Market may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement with Creative Market, in which case Licensee must immediately: cease using the Licensed Asset; delete or destroy any copies of the Licensed Asset; and, if requested, confirm to Creative Market in writing that Licensee has complied with these requirements. If Licensee uses the Licensed Asset on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the Licensed Asset for its own purpose or in a way that is contrary to this License Agreement, the rights granted for such use shall immediately and automatically terminate, and in that event, upon Creative Market’s request, Licensee agrees to remove any content from such platform or website. In the event of any termination or expiration, the provisions of Section 9 shall survive.

   3. Content Withdrawal

      Creative Market may discontinue licensing the Licensed Asset at any time in its sole discretion. Upon notice from Creative Market, or upon Licensee’s knowledge, that a Licensed Asset may be subject to a claim of infringement of a third party’s right, Creative Market may require Licensee to immediately, and at Licensee’s own expense: cease using the Licensed Asset, delete or destroy any copies; and ensure that Licensee’s sublicensees do likewise. Creative Market will provide Licensee with replacement content (determined by Creative Market in its reasonable commercial judgment) free of charge, as its sole obligation and Licensee’s sole remedy, subject to the other terms of this License Agreement.

   4. Audit

      Upon reasonable notice, Licensee agrees to provide to Creative Market sample copies of Server Products and any other uses that contain the Licensed Asset, including by providing Creative Market with free of charge access to any pay-walled or otherwise restricted access website or platform where the Licensed Asset is reproduced. In addition, upon reasonable notice, Creative Market may, at its discretion, either through its own employees or through a third party, audit Licensee’s records directly related to this License Agreement and Licensee’s use of the Licensed Asset in order to verify compliance with the payment and other terms of this License Agreement. If any audit reveals an underpayment by Licensee to Creative Market of five percent (5%) or more of the amount Licensee should have paid, then in addition to paying Creative Market the amount of the underpayment and any other remedies to which Creative Market is entitled, Licensee also agrees to reimburse Creative Market for the costs of conducting the audit.

   5. Disclaimer of Warranties

      LICENSEE’S USE OF THE LICENSED ASSET IS AT LICENSEE’S OWN RISK. THE LICENSED ASSET IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CREATIVE MARKET AND THE SHOP OWNER HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

   6. Limitation on Liability

      IN NO EVENT WILL CREATIVE MARKET, ITS AFFILIATES, OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE SHOP OWNERS), SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR NON-DIRECT DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, LICENSEE’S OR ITS END USERS’ USE, OR INABILITY TO USE, THE LICENSED ASSET, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE LIABILITY OF CREATIVE MARKET, ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE SHOP OWNERS), SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS FOR DIRECT OR OTHER DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, LICENSEE’S OR ITS END USERS’ USE, OR INABILITY TO USE, THE LICENSED ASSET, EXCEED THE FEES THAT LICENSEE PAID CREATIVE MARKET FOR THE AFFECTED LICENSED ASSET OR ONE (1) UNITED STATES DOLLAR, WHICHEVER IS GREATER. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

   7. Indemnification

      Licensee agrees to defend, indemnify, and hold harmless Creative Market, its affiliates, licensors (including, without limitation, Shop Owners) and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including but not limited to reasonable attorneys' fees) arising out of or relating to Licensee’s (or anyone acting on Licensee’s behalf, including, without limitation, service providers) or any of its End User’s (i) violation of this License Agreement, (ii) use of the Licensed Asset in violation of any law, rules, or regulations, or (iii) use of the Licensed Asset in violation of third party rights where such violation is due to the modification, adaptation, alteration, translation, conversion, or other change of the Licensed Asset.

   8. Limitation on Time to File Claims

      TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM LICENSEE MAY HAVE ARISING OUT OF OR RELATING TO THE LICENSED ASSET OR THIS LICENSE AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

   9. Choice of Law and Forum

      All matters relating to Licensed Asset and the License Agreement and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, the Licensed Asset or this License Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of California and County of San Francisco although we retain the right to bring any suit, action, or proceeding against Licensee for breach of this License Agreement in Licensee’s country of residence or any other relevant country. Licensee waives any and all objections to the exercise of jurisdiction over Licensee by such courts and to venue in such courts to the maximum extent permitted by law.

   10. Arbitration

       AT CREATIVE MARKET’S SOLE DISCRETION, EXCEPT TO THE EXTENT PROHIBITED BY LAW, CREATIVE MARKET MAY REQUIRE LICENSEE TO SUBMIT ANY DISPUTES ARISING FROM THE USE OF THE LICENSED ASSET AND THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING CALIFORNIA, USA LAW.

   11. Waiver and Severability

       No waiver by Creative Market of any term or condition set forth in this License Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Creative Market to assert a right or provision under this License Agreement shall not constitute a waiver of such right or provision. If any provision of this License Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the License Agreement will continue in full force and effect.

   12. Entire Agreement

       This License Agreement, together with the Creative Market Terms of Use (“Terms of Use”), constitute the sole and entire agreement between Licensee on the one hand and Creative Market and the Shop Owner on the other hand with respect to the Licensed Asset and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Licensed Asset. This License Agreement supersedes any conflicting terms set forth in the Terms of Use with respect to the Licensed Asset.

   13. Notices

       All notices required to be sent to Creative Market under this License Agreement should be sent via email to legal@dribbble.com. All notices to Licensee will be sent via email to the address provided by Licensee during account creation or purchase.

   14. Modifications

       Creative Market may modify this License Agreement by posting an updated version on the Creative Market website. The then current version of the License Agreement posted at the time of purchase shall apply to purchases (even if the Licensed Asset is downloaded after the License Agreement is updated). Updated versions of the License Agreement shall not apply retroactively to prior purchases unless either (1) Licensee is notified of its option to apply the updated terms to prior purchases and expressly agrees (e.g., via clicking “Agree”) or (2) such modification (i) does not adversely affect any rights of Licensee and (ii) Creative Market notifies Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file).

   15. Interpretation

       Unless the context requires otherwise, in any part of this License Agreement: (i) "including" (and any of its derivative forms, e.g. "includes"), "e.g." and "for example" means "including but not limited to" and (ii) use of the singular imports the plural and vice versa. This License Agreement shall not be interpreted against the drafting party.