EULA (End User License Agreement)

We recommend that you print this Web Font End User License Agreement for further reference.

Designova Web Font End User License Agreement

This Web Font End-User License Agreement for the use of web fonts (the “Agreement ”) is a legal agreement between you and Designova that governs the use of the Licensed Web Fonts that you license from Designova websites located at www.designova.net and www.fontastica.com, and which are accompanied by or refer to this Agreement.This Agreement becomes a binding contract between you and Designova when you click on the area marked “ACCEPT LICENSE AGREEMENT,” or similar language or when you accept the Agreement by other means (for instance referring to the Agreement in a purchase order, a confirmation email, etc.). If you do not wish to be bound by the Agreement, you cannot access, use or download the Licensed Web Fonts. Please read this entire document before agreeing to be bound. Certain capitalized terms are defined in Section 9 of this Agreement.


You hereby agree to the following:


1. Binding Agreement.

You are bound by the Agreement and you acknowledge that all Use of the Licensed Web Fonts is governed by the Agreement.


2. License Grant.

The Licensed Web Fonts are licensed, not sold, to you for Use only under the terms of this Agreement. Designova, as the licensor, reserves all rights not expressly granted to you. You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) license to Use the Licensed Web Fonts on Websites, using the @font-face selector in CSS files, subject to all of the following: 
• You may not link to, nor put online, any version of a Licensed Web Font not supplied in a Web Font Kit. 
• The comments, showing copyright and other legal information provided in the sample HTML/CSS/Javascript files, for each Licensed Web Font must be retained in your working Website code. 
• The Licensed Web Fonts may be used on any Website owned or controlled by you (subject to the next bullet point). The total traffic, measured in page views, of all Websites Using a Licensed Web Font must be no greater than the number of page views specified in your account at located at www.designova.net. Businesses or organizations such as advertising agencies, web design agencies or hosting providers that are responsible for multiple clients’ Websites must enter into separate Agreement’s for each client Website. 
• The Licensed Web Fonts may be used in a Website where visitors produce Styled Content by directly or indirectly selecting a Licensed Web Font and entering or editing content using that Licensed Web Font, if and only if the Website does not enable or facilitate the Styled Content being used outside the Website. Examples of using Styled Content outside of a Website include but are not limited to producing merchandise, PDF documents, image files, or personalized physical objects using the Styled Content. 
• You may not use conversion or editing tools on the Licensed Web Fonts. 
• Use of the Licensed Web Fonts with technologies other than @font-face, such as sIFR, Cufón or Typeface.js, is not allowed. 
• You must retain the page view tracking code, as supplied in the Web Font Kit, on all Websites that Use the Licensed Web Fonts. 
You shall identify all Licensed Web Fonts to visitors of Websites only by the Licensed Web Font’s original name and in accordance with accepted trademark practice, including identification of the trademark owner’s name. The Website’s font selection user interface must display the Licensed Web Font’s original name(s) and cite the source of the Licensed Web Font. You will only use the Licensed Web Font’s original name(s) to identify a Licensed Web Font which effects a faithful reproduction of the underlying font and which is of a quality sufficient to meet industry typographic quality standards.

3. Intellectual and Industrial Property Rights.

Intellectual and Industrial Property Rights. You agree that the Licensed Web Fonts are protected by the copyright law and other intellectual and industrial property rights of the Republic of India and its various States, by the copyright law and other intellectual and industrial property rights of other nations, and by international treaties. You agree to treat the Licensed Web Fonts as you would any other copyrighted material. You may not copy the Licensed Web Fonts, except as expressly provided herein. You agree not to adapt, modify, alter, translate, convert, or otherwise change the Licensed Web Fonts, or to create Derivative Works from the Licensed Web Fonts or any portion thereof. You further agree not to use the Licensed Web Fonts in connection with software and/or hardware which create Derivative Works of the Licensed Web Fonts. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or instructions of the Licensed Web Fonts, provided, however, that if you are located in a European Community member country or any other country which provides rights materially similar to the rights set forth in this provision, you may reverse engineer or decompile the Licensed Web Fonts 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 Designova upon written request). You agree that Designova, or its third party licensors, owns all right, title and interest in and to the Licensed Web Fonts, their structure, organization, code, and related files, including all intellectual and industrial property rights therein such as copyright, design and trademarks rights. You agree that the Licensed Web Fonts, their structure, organization, code, and related files are valuable property of Designova or its third party licensors and that any intentional or negligent Use of the Licensed Web Fonts not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights.

4. Warranty; Limitation of Liability.

Designova warrants to you that the Licensed Web Fonts will perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the http://www.W3.org website as of the date of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s). To make a warranty claim, you must, within the twenty-one (21) day warranty period, contact Designova with sufficient information regarding your licensing of the Licensed Web Font(s) so as to enable Designova to verify the existence and date of the license. If the Licensed Web Font(s) do not perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the http://www.W3.org website as of the date you agree to be bound by this Agreement, the entire, exclusive, and cumulative liability and remedy shall be limited to the refund of the license fee you paid to Designova to obtain delivery of the Licensed Web Font(s).DESIGNOVA DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED WEB FONT(S). THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR Designova’ BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, Designova MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL Designova BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF Designova HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF DESIGNOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to twenty-one (21) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Designova liability for such physical injury or death shall not exceed One Hundred Thousand Dollars ($100,000) United States dollars, provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Licensed Web Font(s) are non-returnable and nonrefundable.

5. Transfer of the Licensed Web Fonts.

You may not rent, lease, sublicense, give, lend, or further distribute the Licensed Web Font(s), or any copy thereof, except as expressly provided herein. You may transfer all its rights to use the Licensed Web Font(s) to another person or legal entity provided that (i) the transferee accepts and agrees to be bound by all the terms and conditions of this Agreement, and (ii) you destroy all copies of the Licensed Web Font(s), including all copies stored in the memory of a hardware device. If you are a business or organization, you agree that in case of a reasonable doubt with regard to the proper Use of the Licensed Web Font(s) within your organization, upon request from Designova or its authorized representative, you will, within thirty (30) days, fully document and certify that the Use of any and all Licensed Web Fonts licensed by you from Designova at the time of the request is in conformity with your valid licenses from Designova.

6. Copies.

You may make one back-up copy of the Licensed Web Font(s) for archival purposes only, and you shall retain exclusive custody and control over such copy. Any copies that you are expressly permitted to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on or in the Licensed Web Font(s). Upon termination of Agreement, you must destroy the original and any and all copies of the Licensed Web Font(s).

7. Termination.

Upon failure by you to comply with the terms of the Agreement, Designova shall be entitled to terminate the Agreement upon notice by regular mail, paid carrier, telefax or email/textform. The termination of the Agreement shall not preclude Designova from suing you for damages for any breach of the Agreement. The Agreement may only be modified in writing signed by an authorized officer of Designova.

8. Other Terms and Conditions.

In the event that any provision of this Agreement is unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such unenforceable or invalid provision shall be changed and interpreted so as to best accomplish the objectives of such provision within the limits of applicable law or court decisions. You agree that the Licensed Web Fonts may not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration or any applicable export laws, restrictions or regulations.
This Agreement is governed by the laws of the State of Kerala applicable to contracts wholly entered and performable within such state (without regard to applicable conflict of laws provisions). The High Court for the State of Kerala, shall be the exclusive forum for any disputes arising out of or related to this Agreement. Both you and Designova agree to the personal jurisdiction and venue of these courts in any action related to this Agreement. The Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.

9. Definitions:

“Derivative Work” means binary data based upon or derived from the Licensed Web Font(s) (or any portion of the Licensed Web Font(s)) in any form in which such binary data may be recast, transformed, or adapted including, but not limited to, binary data in any format into which the Licensed Web Font(s) may be converted. 
“Licensed Web Fonts” means those fonts optimized for use on the Web, either individually or collectively, that you license from Designova through its website located at www.designova.net 
“Designova” means Neuer Horizont Private Limited, doing business as Designova. 
“Styled Content” means any content produced on a Website by a visitor to such Website through Use of the Licensed Web Fonts. 
“Use” of the Licensed Web Fonts shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Licensed Web Fonts, regardless of the location in which the Licensed Web Fonts resides. “Use” of the Licensed Web Fonts shall also occur when the software or instructions are executed. 
“Web Font Kit” means a repository for the bundling of Licensed Web Fonts for Use on a Website. A Web Font Kit shall contain page view tracking code which must be retained by you and placed on all Websites which Use any Licensed Web Fonts. 
“Website(s)” means a web site or web sites (i.e., a collection of web pages, images, videos or other digital assets that are hosted on one or more web servers, accessed from a common root Uniform Resource Identifier (URI)) which: (i) Uses or accesses the Licensed Web Font(s) in its web pages, (ii) does not in any way enable the permanent installation of the Licensed Web Font(s) by Website visitors on any printer or display which displays a screen image created by Use of or access to the Licensed Web Font(s), and (iii) reasonably restricts access to Licensed Web Font(s) from Use or access by web pages or any document not originating from such Websites.

Designova Desktop Font End User License Agreement

END USER LICENSE AGREEMENT - DESKTOP FONT SOFTWARE

THIS IS A BINDING LEGAL AGREEMENT regarding the font software and the design of the typeface embodied within (collectively, the “Font Software”) that you are downloading or purchasing from Designova, for yourself, your company, your employer, or other principal (hereafter collectively referred to as “you”). If you refuse to accept a contractual obligation through this license agreement, you are not permitted to access, download, or use the Font Software. Please thoroughly and carefully read through this Agreement before purchasing, downloading, installing and/or using the Font Software, ANY OF WHICH SHALL INDICATE YOUR EXPRESS AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS.
The Font Software licensed under this Agreement and its inherent digital, device-readable, scalable data is supplied to you by Designova for USAGE ONLY, and remains the intellectual property of the designer(s) of the Font Software.
Designova and/or the designer(s) reserve all rights not expressly granted to you under this Agreement.
Upon receipt by Designova of all applicable fees, and subject to your compliance with all of the terms and conditions of this Agreement, you are granted a non-exclusive, terminable and non-transferable license to use the Designova Font Software in accordance with the following terms and conditions. You may not exceed the scope of this license. If you have negotiated and agreed to any additional terms and conditions, those must be in writing and signed or sent by Designova, and must incorporate this Agreement by reference..

  1. PERMITTED INSTALLATIONS AND USES: 
Use of the Font Software is strictly and explicitly limited to the number of End Users declared and paid for at time of purchase. For a single Desktop License purchase, the Font Software may be installed on not more than two (2) devices, such as desktop or laptop computer workstations, notebooks, netbooks, tablets, and/or smartphones. If the Designova Font Software will be installed on more than two (2) devices, an additional End User must be purchased for each additional device. If you are a company purchasing a multi-user license for your employees, your employees may use the Font Software anywhere in the world, subject to the terms of this Agreement. You must notify all employees of the terms and conditions of this Agreement and you are responsible all actions of the employees.
    1.1 DESIGN USES 
Use of the Font Software in the creation of design works, rasterized images for web sites and otherwise for your personal use is permitted. If you design or create works for third parties, such as clients, you are considered a “Designer” and you may use the Font Software to design or create such works for those third parties, provided that the use by those third parties is subject to the obligations and restrictions (but none of the privileges of the Font Software license) in this Agreement as if those third parties were you, and provided that you notify those third parties of those obligations and restrictions in writing. You may not allow any third party to use your copy of the Font Software. You may not send or transfer the Font Software, or any copy of the Font Software, to any third party. You may use the Font Software to print multiple copies of products, including clothing, packaging, posters, coffee mugs or similar commercial products, provided you do not exceed the 250,000 instance limit as defined in 5.5 below or violate any of the other restrictions in this Agreement. You may use the Font Software to create a company logo, however you may not include the typeface design in any trademark registration. Other restrictions to the use of the Font Software are set forth in Section 5.
    1.2 ONE FONT SOFTWARE BACK-UP 
You are permitted to keep a single backup copy of licensed Font Software in the cloud, locally on a desktop, laptop or mobile device, or on a studio server. You must be the only party who maintains or has access to this backup copy. The Font Software may not be sub-licensed, sold, leased, rented, lent, or given away to any other person or entity.
    1.3 SERVICE PROVIDERS 
In the event that you require the services of a service provider, such as a commercial printer, and you are not able to outline the fonts or otherwise turn them into flattened, graphical artwork, you are permitted to transfer a single copy of the required Font Software to that specific service provider. Upon completion of your job, the service provider must delete the Font Software or purchase their own Desktop License. It is your responsibility to inform the service provider about this requirement. Allowing use of the Font Software by any third party in ANY OTHER CIRCUMSTANCE is prohibited.
  2. REFUNDS: 
The Font Software being downloadable item is non-refundable except when there is a technical issue that prevent the usage of Font Software as expexted, in such case a replacement or refund is provided subject to the sole discretion of Designova.
  3. LIMITED EMBEDDING: 
You are permitted to embed or otherwise include the Font Software within a PDF, PowerPoint, Word or similar-type electronic document, distributed physically or online for personal or commercial use ONLY IF: A) the Fonts cannot be extracted (“read-only”); AND B) the document is not for sale, resale or mass-market distribution of any kind; AND C) the online use is not a redistribution of usable versions of the Font Software; AND D) the distribution of the document is restricted to fewer than 250,000 instances. If documents containing embedded copies of the Font Software will be sold, a separate ePub License must be purchased from the shopping cart. If the distribution of the document consists of 250,000 instances or more, a separate Large Volume Commercial license extension must be purchased. If you require any of these types of use, please contact us for a quote.
  4. RESTRICTIONS: 
You may not distribute, sell, modify, include, adapt, translate, reverse engineer, decompile, disassemble, translate into other font formats or other formats for use with other devices, or otherwise copy or include the Font Software without the express written consent of Designova. Any modifications, derivations or adaptations of the Font Software requires the express permission of Designova or the designer or both, as applicable. Designova and the designer expressly reserve the right to create any such modifications, derivations or adaptations.
  5. OTHER RESTRICTIONS AND LICENSE EXTENSIONS: 
Use of the Font Software is not permitted in the following circumstances without purchasing the applicable additional license or license 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 license required, please contact us for assistance.
    5.1 EMBEDDING THE FONT SOFTWARE IN ELECTRONIC DEVICES 
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 license extension. If you require this type of use, please contact us for a quote.
    5.2 EMBEDDING THE FONT SOFTWARE WITHIN OTHER SOFTWARE 
Embedding the font software within other software includes, but is not limited to, application content, user interfaces or other content for personal computers, mobile devices, gaming consoles, smart televisions, or other works distributed electronically and/or via physical media for sale is not permitted without a license extension. For example, if you want to sell or distribute software for other platforms, such as, but not limited to, Playstation, XBOX, Wii, Mac OS or Windows that contains embedded copies of the Font Software, a license extension is required. If you require this type of use, please contact us for a quote.
    Separately, if you will be selling or distributing software for mobile devices (defined as any device running the iOS, Android, Windows Phone, Blackberry, PalmOS, WebOS, or Symbian operating systems) containing embedded copies of the Font Software, a separate Mobile App License is required.
    5.3 CONVERTING DESKTOP FONT FORMATS FOR USE ON THE WEB 
Converting desktop font formats for use on the Internet is strictly prohibited. This license 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, Cufón, sIFR, TypeKit, embeddable Open Type, or other technologies that now exist or may be developed in the future. If you wish to use the Font Software on the web in such a way, a separate WebFont License is required.
    5.4 PROVIDING THE FONT SOFTWARE ON A CLOSED NETWORK 
Providing the Font Software on a closed network to Licensed End Users over a network, LAN, WAN or the Internet is prohibited without a license extension. Each Licensed End User must purchase their own discrete license. If you require this type of use, please contact us for a quote.
    5.5 LARGE VOLUME COMMERCIAL USE OF MORE THAN 250,000 INSTANCES 
More than 250,000 instances of use of either print or digital A) products, documents, promotional campaigns and/or related materials; B) advertising campaigns and/or related materials; or C) product packaging and/or related materials; is not permitted without a Large Volume Commercial license extension. 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, gas pump display, billboard, coupon, media case, book cover, etc. in which the font appears in a static, rasterized, non-moving manner. If you require this type of use, please contact us for a quote.
    5.6 CREATING LETTERFORM/ALPHABET PRODUCTS FOR RESALE 
Creation of Letterform/Alphabet products for resale including, but are not limited to, scrapbooking uses involving reproductions of individual letterforms, digital alphabets (Alphas); adhesive sticker alphabet products; embroidery letters or fonts, use in the creation of signage or numbering products; monogram products; rubber stamps; die-cut products, stencil products; tattoo flash, software or other means for producing alphabets or letterforms by the use of sewing and/or embroidery machines; die-cut devices and plotters or any other product producing or containing any image of the letterforms or images derived from the design of the glyphs embodied in the Font Software of which any likeness of the alphabet can be reproduced where the letterform or alphabet product will be distributed or resold is not permitted. (This restriction does not apply to laser or inkjet printers used for those purposes generally associated with professional design or to sign-making facilities, provided the end product is a finished, work of design or ready-to-use sign.) If you require this type of use, please contact us for a quote.
    5.7 USE ON PRODUCTS FOR RESALE 
Creation of personalized or otherwise customized products for resale including, but not limited to, physical goods for retail sale such as T-shirts, greeting cards, mugs, postage stamps, stickers, post cards, business cards, invitations on a customized, per order basis for retail sale such as by way of, but not limited to, Café Press, Zazzle, or other similar services is not permitted without a license extension. If you require this type of use, please contact us for a quote.
    5.8 USING FONT SOFTWARE TO CREATE CONTENT THAT IS BROADCAST OR STREAMED 
The use of Font Software to create content that is broadcast or streamed, including, but not limited to, content that is broadcast, displayed and/or streamed via any terrestrial, satellite or internet service that exists now or in the future, including television, YouTube, Facebook, Instagram, Vine, digital billboards, gas pump screens, aircraft or taxi entertainment screens, Jumbotrons, movie theaters, or public spaces, etc. requires a license extension. If you require this type of use, please contact us for a quote.
  6. RIGHTS RESERVED: 
This Font Software is licensed—not sold—to you by Designova on behalf of the designer, and is licensed for use in accordance with the terms of this Agreement. As a licensee, your ownership of the media and/or device on which the Font Software is recorded, if any, is distinct from and does not grant any right, title or interest in and to the design of the Font Software itself. All copies of the Font Software downloaded or installed, including copies of any Font Software that accompany this document either as part of a downloaded file or on recorded media, such as, but not limited to, magnetic or optical media, remain the exclusive property of Designova and/or the designer. The Font Software and the design of the Font embodied therein are the exclusive property of Designova and/or the designer and are protected under both domestic and international copyright, trademark and unfair competition laws. Except as stated herein, this Agreement does not grant you any rights to trademark or any other intellectual property rights in the Font Software or in any typeface design.
  7. DESIGN CREDIT: 
If your use of the Font Software is within a format where credits are displayed, for example a movie or television show, or an awards ceremony, or printed production credits, etc., you agree to credit Designova in the following manner: (Font Name) © Designova www.designovnet [http://www.designova.net]. (This type of credit is ONLY required where credits are shown as part of the format. You would not need to add a credit on a product package, for example.)
  8. ARTWORK RESTRICTED: 
In the event any “dingbats” or other non-alphabetical glyphs are part of the Font Software, use of the artwork is further restricted. You may not use any such art for commercial purposes such as, but not limited to, goods for sale, in logo design, retail packaging or point of sale displays. Any such use requires the purchase of a license upgrade.
  9. DERIVATIVE WORKS PROHIBITED: 
You may not alter Font Software in any manner whatsoever.. Reformatting the Font Software into other formats or for use in other operating systems is prohibited. Altering or amending the embedding characteristics of the Font Software is prohibited. 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 the extraction, editing, alteration, enhancement, or modification by the recipient of such a document. Derivative works based upon the Font Software may not be sub-licensed, sold, leased, rented, lent, or given away without written permission from Designova. Designova shall not be responsible for unauthorized, modified and/or improperly regenerated, adapted or translated software or derivative works.
  10. TERMINATION: 
Any breach of the terms of this Agreement shall be cause for termination of this License. In the event of termination, and without limitation of any remedies under law and equity, you agree to immediately return or destroy the Font Software, at the discretion of Designova, and certify that no copy remains in your possession or control.
  11. COMPLIANCE WITH LAWS: 
You shall be responsible for your compliance with all laws relating to the control of exports or the transfer of technology in connection with any use and distribution of the Font Software. The Font Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government, governmental authorities, its employees or vendors may be subject to restrictions set forth in federal law and regulations. If applicable, you hereby agree to familiarize yourself and adhere to any applicable rule, regulation or statute that may apply.
  12. REVOCATION OF WARRANTIES: 
Subject to the representations and warranties stated herein, the Font Software is provided “AS IS” and without fiduciary obligation to you or other warranties of any kind and Designova AND THE DESIGNER OF THE FONT SOFTWARE EACH HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Designova DOES NOT WARRANT THAT THE OPERATION OF THE FONT SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FONT SOFTWARE IS WITHOUT DEFECTS. THE FONT SOFTWARE IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE THE FAILURE OF THE FONT SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. THE FONT SOFTWARE IS NOT FAULT TOLERANT AND IS NOT INTENDED FOR USE IN THE CONTROL OR OPERATION OF DEVICES OR EQUIPMENT FOR MANUFACTURING, OR FOR USE IN NAVIGATIONAL DEVICES. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  13. LIMIT OF LIABILITY: IN NO EVENT WILL Designova BE LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE (INCLUDING DAMAGE FROM LOSS OF BUSINESS PROFITS OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) OR FOR CLAIM BY ANY PARTY ARISING OUT OF THE USE OF OR INABILITY TO USE THE FONT SOFTWARE, EVEN IF Designova HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES, SUBJECT TO THE CONDITIONS NOTED HEREIN, SHALL Designova OR THE DESIGNER'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 Designova. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  14. INDEMNIFICATION: 
You agree to defend, indemnify and hold Designova and Designova’s suppliers including any designers of Font Software harmless from and against any losses, damages, expenses, and costs, including reasonable attorneys’ fees, from any claim by a third party arising from or related to your breach of this Agreement or your act, error, or omission.
  15. GOVERNING LAW: 
This Agreement will be governed by the laws of the State of Kerala (India) as applies to contracts entered into and wholly performed therein without application of its conflict of law provisions or the conflict of law provisions of any other jurisdiction. You hereby expressly consent to the personal jurisdiction of the local, state or federal courts within Kerala selected by Designova for the hearing or resolution of any dispute or action arising out of or related to this License and you hereby further expressly waive any jurisdiction or venue defenses and agree to services of process by certified mail return receipt requested. All remedies are cumulative and not exclusive.
  16. 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 Designova and you which supersedes any proposal or prior agreement, oral or written, and any other communications between any other party relating to the subject matter of this Agreement. No variation of the terms of this agreement or any different terms will be enforceable against Designova unless Designova gives its express written consent. If any provision of this agreement is held void or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions of this agreement will remain in full force and effect. In the event any collection or enforcement effort or any legal action is instituted by Designova to interpret or enforce this Agreement, you will be responsible for paying reasonable attorneys’ fees incurred by Designova. If you are a Designer and Designova brings any enforcement effort or legal action against any third party for whom you work, arising from your obligations in this Agreement or the violation by that third party of any applicable restrictions or obligations in this Agreement, you will be responsible for paying reasonable attorneys’ fees incurred by Designova. This Agreement will not be construed against any party by reason of the drafting or preparation hereof. Designova expressly reserves the right to amend or modify this Agreement at any time and without prior notification.


“Designova” and “Fontastica” are registered trademarks of Neuer Horizont Private Limited. All other trademarks are the property of their respective owners. All inquiries and requests for licenses may be sent via e-mail to: [email protected]. Designova’ website is located at www.designova.net.