LEKSEN DESIGN: Base License Agreement

1. INTRODUCTION. This Agreement, together with your License(s) (see Clause 2 below), sets out your rights and obligations, and those of Leksen Design (“we” or “us”), concerning software and fonts which you may agree to license (collectively, “Leksen Design Products”). By making a purchase on leksendesign.com and signifying your agreement to this document, or by downloading, installing or using any Leksen Design Product, you accept that you are entering into a contract with us on the terms of this Agreement and your License(s). Some of the words and phrases used in this Agreement are defined in the Appendix to it below.
2. LICENSES. This Agreement does not permit you to use Leksen Design Products. Your use is governed by the individual types of usage you select in the course of ordering Leksen Design Products, and the specific type of license that is identified in your order for that usage, and to which you agree in the course of placing your order (each a “License”).
3. LICENSING. In the course of ordering Leksen Design Products, you agree to pay our license fees (the “Fees”) then published at the time of ordering on Leksen Design’s website. In consideration of the payment of those Fees, we license you to use the relevant (a) font software (the “Software”), and (b) fonts (the “Fonts”) in accordance with this Agreement and the applicable License(s). Each License which we grant to you (a) is non-exclusive, (b) is personal, meaning that it is granted only to the person or entity which initially licenses the Leksen Design Products, and may not be shared with or transferred to any other person or entity except with our prior written agreement, (c) permits the Software and the Fonts to be used only in accordance with all Use Limitations (see Clause 4 below), and (d) for a period of fifty years from the date when you complete your order for the Leksen Design Products (or, if later, the Commencement Date specified in the relevant License), or such shorter or other period as is specified in that License.
   Where you agree to license Leksen Design Products for use by an entity, you represent that you are legally authorized to bind that entity to this Agreement and to license Leksen Design Products on behalf of that entity.
4. USE LIMITATIONS. You are responsible for ensuring that all use of the Leksen Design Products conforms to, and does not deviate from, (a) the limits on usage to which you agree in the course of ordering those Leksen Design Products; and (b) the terms and conditions contained in the relevant License, (these are “Use Limitations”).
5. INTELLECTUAL PROPERTY. You acknowledge and agree that: a. We own all right, title and interest in and to the Software, including all copyright subsisting in and in relation to it; and b. We own all right, title and interest in and to the Fonts without any exceptions, including all copyright subsisting in and in relation to them. Separately and together, the Leksen Design Products are protected by United States copyright laws and regulations, as well as by international copyright treaties. All rights not expressly granted in this Agreement are reserved to us. We warrant that Leksen Design Products are our, or our licensors’, original work and do not infringe the rights of a third party under United States law.
6. NO COPYING OR DISTRIBUTION. No copying or distribution of any of the Leksen Design Products may be made, except as expressly provided in this Agreement; without waiving to such obligation, you shall ensure that all copies and distributions of Leksen Design Products include the same copyright and other proprietary notices as appear on the original Leksen Design Products which we make available. All copies of the Leksen Design Products must be kept under your exclusive control.
7. NO DECOMPILATION. You may not reverse engineer, decompile or otherwise attempt to discover the source code relating to the Leksen Design Products.
8. NO MODIFICATION. This license does not permit the creation of any derivative typeface or font, or the conversion, modification or adaptation of any Font or Software;
9. NO COOLING OFF PERIOD. When you license Leksen Design Products there is no right to cancel your licensing of Leksen Design Products, or this Agreement and its related License(s) during any cooling off period which is provided for certain purchases by consumers.
10. YOUR DETAILS AND PAYMENT. You agree to provide accurate and current information about yourself – including your correct name, address and any other requested details - in the course of ordering Leksen Design Products. If you provide details of a credit, debit or charge card for the payment of Fees, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. All Fees are, unless otherwise stated, exclusive of relevant local sales tax (if any) or any relevant local sales taxes, which shall be paid at the rate and in the manner for the time being prescribed by law. The grant of each License is conditional upon the receipt by us of the relevant Fees and any applicable VAT or local sales tax.
11. DATA PROTECTION. We will treat the personal data you provide to Leksen Design and to us in accordance with Leksen Design’s Privacy Policy.
12. WARRANTY. We warrant that the Software will perform substantially in accordance with its documentation for the thirty (30) day period following the completion of your order for the relevant Leksen Design Product(s). To make a warranty claim, you must, within that thirty (30) day period, contact Leksen Design Customer Support at https://leksendesign.com/contact/ and providing adequate proof that the Software has failed to satisfy the above warranty. If reported during this time Leksen Design will replace any defective products which are returned to leksendesign.com. In any event, our entire liability shall be strictly limited to refund the Fees paid for the relevant Leksen Design Products, any such refund to be conditional upon you showing to our reasonable satisfaction that the Software and related Fonts have been irreversibly deleted from all systems to which you have access and are not capable of use. We give no warranty or undertaking that the Leksen Design Products will be capable of being used in conjunction with any hardware or software other than that specified in our relevant documentation. You are responsible for ensuring that the application you intend to use with the Leksen Design Products supports the font format in which the Font is supplied; you may need to check with the application’s manufacturer on this point. No warranty is given concerning the performance of or results you may obtain by using the Leksen Design Products.
13. DISCLAIMER AND EXCLUDED LOSS. Your use of the Leksen Design Products is entirely at your own risk. Leksen Design will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, whatsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Leksen Design will also not be liable for any failure to perform of their obligations under this Agreement caused by matters beyond its reasonable control. We exclude all conditions, terms, representations (other than fraudulent or negligent representations) and warranties relating to the Leksen Design Products, whether imposed by statute or by operation of law or otherwise, that are not expressly stated in this Agreement, including without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose unless they are incapable of being excluded by law.
14. MAXIMUM LIABILITY. Without limiting the preceding Clause, the aggregate liability of Leksen Design (whether arising in negligence or otherwise) will not under any circumstances exceed an amount equal to the Fees paid to us for the relevant Leksen Design Products, regardless of the cause or form of action.
15. AUDIT. If we have reasonable grounds for suspecting that this Agreement or a License is being or has been infringed, you acknowledge and agree, both for yourself and any entity which uses Leksen Design Products, that we shall be entitled, upon such notice to you as we reasonably deem appropriate, to enter any premises where, and be provided with access to systems through which, Leksen Design Products are used, in order to determine your and/or such entity’s compliance with this Agreement or such License.
16. TERMINATION. We shall be entitled to terminate any or all of your Licenses by notice sent to the contact email address or postal address you provided upon registering for the Leksen Design Products, in the event: a. of any serious breach of this Agreement (including, without limitation, the non-payment of Fees or any other sum owed to us) or any License by you or any entity which uses Leksen Design Products you license from us; or b. that you or any entity which uses Leksen Design Products ceases to carry on its business or has a liquidator, receiver or administrative receiver appointed to it or over any part of its undertaking or assets, or passes a resolution for its winding up (or its winding up is ordered by a court), or enter into any voluntary arrangement with creditors, or similar in any other jurisdiction. If a License is terminated, you (and such entity) must destroy the original and any and all copies of the relevant Leksen Design Products, and (where so requested by us) provide us with such evidence as we may require to show conformity with this requirement.
17. ASSIGNMENT. We reserve the right to assign this Agreement and each License, and to assign or subcontract any or all of our rights and obligations under this Agreement and any License. You may not without the written consent of Leksen Design assign or dispose of this Agreement, or the license granted under this Agreement or any License.
18. ENTIRE AGREEMENT. This Agreement and each License contains your entire agreement with us relating to Leksen Design Products. It replaces all earlier agreements and understandings with you relating to those Leksen Design Products, except for any fraud or fraudulent representation by either of us.
19. SEVERABILITY. In the event that any term of this Agreement or any License is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
20. LAW AND JURISDICTION. This Agreement any each License shall be governed by and construed in accordance with the laws of the United States and, to the extent state law is relevant, the laws of the State of Washington. Jurisdiction of any claim or dispute relating to this Agreement or each License shall be within the State of Washington.
21. KEEPING THIS AGREEMENT. We don’t separately file the individual Agreements and Licenses entered into. Please make a durable copy of this Agreement and each of your Licenses by printing and/or saving a downloaded copy on your own computer. They are offered only in English.
22. CONTACT. In order to correspond with us please contact Leksen Design Customer Support on https://leksendesign.com/contact/ and they will inform us of your query.

APP LICENSE This is a License under the Leksen Design Base License Agreement (the “Agreement”). Terms used in this License have the meaning given to them in the Agreement and in the Appendix below.

1. In consideration of the payment of the Fees, and subject to the limitations below, we license you to use the Font and its related Software to embed the Font as outline data to display text in the Licensed App for distribution in view and print form only. Use of the Font and Software for the purpose of developing the Licensed App is permitted, provided that where any third party is involved in that development, the third party enters into an appropriate agreement with Leksen Design to license such use.
2. This License covers a single App, namely the Licensed App, only. A separate license from Leksen Design is required for use of the Font or its related Software in relation to any App other than the Licensed App.
3. You must control, or be entitled to use the Font and Software in relation to, the Licensed App.
4. The Licensed App must use, access and present the Font and its Software exclusively within the context of the Licensed App itself, and must not be available or accessible to the operating system of any device (including the operating system of the device upon which the Licensed App appears). For example, but without limitation, if the Licensed App calls the Font from an external device, such as a website or server, then you must obtain a separate appropriate License from us that permits this.
5. Any process, technique or device such as hot-linking, re-serving or re-directing that allows access to and/or use of the Font or Software by any person or entity which is not licensed by Leksen Design is strictly prohibited.
6. You must take all reasonable steps to provide security against unlicensed use of or access to the Font and Software.
7. This License: a. does not permit embedding or making available of a Font or Software – in the Licensed App or otherwise – in such a way that any part of the Font’s outline, or the Software, may be extracted or edited; b. save as expressly provided in this License, does not permit editable use of the Font, such as in templates or for use in the creation of customizable designs or products; c. does not permit the use of the Font in connection with embedding in, or the generation or distribution of, files (such as, without limitation, PDF and EPUB files); and d. does not permit the use of the Font for artworking, that is the generation of works that include any image of the Font other than within the confines of the Licensed App itself; e. does not permit the Licensed App to make the Font available to anything (whether tangible or intangible, hardware or software) extraneous to the Licensed App (such as, without limitation, the operating system of any device); f. does not permit you to use or allow the use of any Font so that it may be accessed through a server or similar to edit, render or display content – a separate License is required to permit this.

APPENDIX In this Agreement: a) “entity” includes any incorporated or unincorporated entity or person, whether a company, corporation, partnership, association, or other. b) “font” includes typeface, bitmap and any technology resulting in a representation thereof; and references to fonts include sub-sets of them; c) “use” means (i) in relation to the Software, to be accessible in connection with the use of any of the Fonts, and (ii) in relation to the Fonts, to be accessible for the inclusion or replication of any of the Fonts in any part of a work, in any medium; “you” means (i) the person who enters into this Agreement, and (ii) where this Agreement is entered into on behalf of an entity, that entity. d) “App Product” means a Product in which Software is securely embedded to allow the Product content to be edited, rendered or displayed; non-exclusive examples include software Products such as mobile apps; e) “Commercial Product” means a tangible Product which substantially relies on a Font for its commercial value; examples include where the Font image (i) may be repurposed by an end-user of it, such as a rubber stamp or an adhesive alphabet, or (ii) may not be repurposed by its end-user, but a principal characteristic of the Product is the display of a sub-set of a Font or its attributes (this limitation applies to but is not limited to Non-Fungible Tokens); f) “Electronic Publication” means a file that includes a Font as a rasterized image or as outline data to display the text of a publication that is, or is intended to be, distributed, such as (without limitation) an electronic book, magazine or newspaper; g) “Font” is the Font identified in your order for Leksen Design Products h) “Maximum Usage” means the maximum number of users/pageviews/downloads/titles/servers identified in your order for Leksen Design Products i) “Product” includes tangible and intangible goods and services (such as, without limitation, software applications) j) “Domain” is a connected group of related web pages which form an entity and which are organized under a particular domain name (including its sub-domains). By way of example, the sub-domains of www.example.com would include mail.example.com; k) “page view” is a request to load a page that references the Font or the Software via the CSS @fontface mechanism, for which purpose a “page” includes, without limitation, a web page or a dispatched HTML email; l) “Related Domain” is a Domain that is owned by and registered to you and is of the same business as the Web Domain. By way of example, if your Web Domain is www.example.com, and www.example.co.uk is registered to you and is used by you for the same business www.example.com, then www.example.co.uk is a Related Domain; and m) “Web Domain” is the Domain identified in your order for Leksen Design Products n) “App” is a mobile application that (i) is installed on or downloaded to a person’s mobile device or tablet; and (ii) is built to run natively on mobile operating systems, including but not limited to iOS, Android, and Windows Mobile; o) “Licensed App” is the App identified in your order for Leksen Design Products