Pitch Deck - Tyke

APPLICATION FONTS | END USER LICENSE AGREEMENT | V2.
0
By downloading, installing and/or embedding font software (“Fonts”) offered for

license by Creative Market Labs, Inc, Fontspring, and its distributors
(“Licensor”), you (“Licensee”) agree to be bound by the following terms and
conditions of this End User Licensing Agreement (“EULA”):
1. RIGHTS GRANTED

Licensor grants to Licensee a perpetual, worldwide, non-exclusive and non-
transferable license to install the Fonts, and create, reproduce, modify, display,
and distribute artwork created with the Fonts in accordance with the terms and
conditions of this EULA.
1.1 Storage & Backup

 Server Storage
The Licensee is permitted to upload the Fonts to a server or a cloud-based storage
service that is owned, leased, or otherwise controlled by Licensee, for the purpose
of storage, asset management, and retrieval by Licensee only.
 Backup

The Licensee is permitted to make a reasonable number of backup copies of the Font
for disaster recovery purposes only.
1.2 Limits
 Ownership
Licensee is only permitted to embed the Fonts into Apps that it owns or controls.
 Monthly Active Users Limit

Apps that embed the Fonts must not have a combined total number of Monthly Active
Users (“MAU”) that exceeds the quantity indicated on the applicable order receipt
(“Receipt”).
MAU can be calculated in two ways: (1) As the combined, total number of unique
users that have accessed or otherwise used the Apps in the last 30 days. (2) As the
combined total number of downloads of all Apps.
1.3 Rights
✔ Multiple Apps
Licensee is permitted to embed the Fonts into more than one distinct App.
✔ Multiple Copies & Versions

Licensee is permitted to embed the Fonts into an unlimited number of copies, and
subsequent versions of each App.
✔ Multiple Platforms

Licensee is permitted to distribute Apps with the embedded Fonts to any platform or
console, such as iOS, Android, Windows, Mac, Linux, Playstation, or Xbox.
✔ Modification Allowed

Licensee is permitted to subset or otherwise modify the Fonts to improve the Font’s
performance in their App.
✔ PDF Report Embedding

Licensee is permitted to embed the Fonts in Portable Document Format (“PDF”)
reports that the App saves or exports, provided that the reports are not sold for
profit.
1.4 Restrictions
✘ No Source Code Distribution
Licensee is prohibited from redistributing the Fonts with any App’s source code.
✘ No OS Installation

Licensee is prohibited from installing the Fonts on the operating system any App
runs on.
✘ No Typesetting Products

Licensee is prohibited from embedding the Fonts in any App for the purpose of an
End User using the Fonts to create custom typesetting. For example: An image editor
with text features.
✘ No Other Systems/Product

Embedding
Licensed Users are prohibited from embedding or installing the Fonts in:
- Computer operating systems, such as Mac, Windows or Linux
- cloud-based apps that allow third-party, End User Font usage
- electronic devices
- ebooks
- editable templates and editable PDFs
1.5 Third Parties

The Licensee is permitted to temporarily provide the Fonts to a third-party
designer or agent (“Agent”) who is working on behalf of the Licensee. All Agents of
the Licensee must: (a) agree in writing to Licensee that the Fonts will be used
exclusively for Licensee’s work, in accordance with the terms of this EULA; (b)
destroy all copies of the Fonts upon completion and delivery of the work to
Licensee; and (c) use and/or embed the Fonts only in work owned or controlled by
Licensee.
2. FONT MODIFICATIONS

Licensed Users are prohibited from modifying the Fonts, or creating derivative
Fonts without prior written consent from Licensor or the Font’s copyright holder
except where derivative Fonts are necessary for embedding or linking in accordance
with this EULA.
3. COPYRIGHT
The Fonts are protected by United States and international copyright and other laws
and treaties. The copyright holder is the sole, exclusive owner of all intellectual
property rights, including rights under copyright and trademark law. Licensee
agrees not to use the Fonts in any manner that infringes the intellectual property
rights of the copyright holder or violates the terms of this EULA. Licensee will be
held legally responsible, and indemnifies Licensor, for any infringements on the
copyright holder’s rights caused by failure to abide by the terms of this EULA.
4. TERMINATION
This EULA is effective until terminated. If Licensee fails to comply with any term
of this EULA, Licensor may terminate the EULA with 30 days notice.
5. REFUNDS AND DISCLAIMER

At Licensee’s request, Licensor may, at its discretion, provide a refund for the
Fonts if the following conditions have been met:
- The Fonts have never been used in any published or released artwork by Licensee.
- No more than 30 days have passed since the date of purchase, specified on the
Receipt.
- The Fonts have been completely removed or destroyed from all Licensee’s
installations, servers, and backups.
6. WARRANTY
The Fonts are provided “as is.” Licensor makes no warranty of any kind, either
expressed or implied, including, but not limited to the implied warranties of
merchantability and fitness for a particular purpose.
Licensor shall not be liable for any direct, indirect, consequential, or incidental
damages (including damages from loss of business profits, business interruption,
loss of business information, and the like) arising out of the use of or inability
to use the product even if Licensor has been advised of the possibility of such
damages.
Because some U.S. states do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to
Licensee.
7. GOVERNING LAW

This EULA is governed by the laws of the United States of America and the State of
California.
8. ENTIRE AGREEMENT

This EULA, in conjunction with the Receipt that accompanies each Font licensed from
Licensor, constitutes the entire agreement between Licensor and Licensee.
9. AGREEMENT MODIFICATION

The Licensor and Licensee may modify or amend this EULA when agreed to in writing.
10. WAIVER
The waiver of one breach or default hereunder shall not constitute the waiver of
any subsequent breach or default.
©2022 Creative Market Labs, Inc.

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<strong>APPLICATION FONTS | END USER LICENSE AGREEMENT | V2.

By downloading, installing and/or embedding font software (“Fonts”) offered for

<strong>1. RIGHTS GRANTED</strong>

<strong>1.1 Storage & Backup</strong>

<span style="color:#6F43EE;"></span> <strong>Backup</strong>

<span style="color:orange"></span> <strong>Monthly Active Users Limit</strong>

<span style="color:#669900">✔</span> <strong>Multiple Copies & Versions</strong>

<span style="color:#669900">✔</span> <strong>Multiple Platforms</strong>

<span style="color:#669900">✔</span> <strong>Modification Allowed</strong>

<span style="color:#669900">✔</span> <strong>PDF Report Embedding</strong>

<span style="color:red">✘</span> <strong>No OS Installation</strong>

<span style="color:red">✘</span> <strong>No Typesetting Products</strong>

<span style="color:red">✘</span> <strong>No Other Systems/Product

<strong>1.5 Third Parties</strong>

<strong>2. FONT MODIFICATIONS</strong>

<strong>5. REFUNDS AND DISCLAIMER</strong>

<strong>7. GOVERNING LAW</strong>

<strong>8. ENTIRE AGREEMENT</strong>

<strong>9. AGREEMENT MODIFICATION</strong>

<i>©2022 Creative Market Labs, Inc.</i>

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