The Letters

Font Licensing

Overview

To use a Font for any purpose outside of trialling our Fonts you must obtain a Paid Licence.

Each Paid Licence may only relate to one ‘End User Client’ and one ‘Project’, and use only applies to the Font Styles selected and paid for by you. The End User Client is the entity who will ultimately use or be associated with the fonts (not the agency or individual creative designing the relevant materials). The Project is the specific logo, campaign, production, app, game, software, website and/or project in relation to which the fonts are intended to be used.

You must also select a Licence Category, as this determines the Licence Fees payable for each Paid Licence.

Licence Categories

Desktop Licence

Permitted Use: Fonts may be installed on the purchaser’s computers and may generally be used to design printed materials, packaging (other than as logos or branding on packaging), images, signage and for ePub embedding (but not ‘live type’ on websites and email marketing), but only to the extent the use of such designed materials would not fall into another Licence Category.

Prohibited Use: Non-exhaustive examples of usage that is not permitted include: use as ‘live type’ on websites; in email marketing campaigns; within digital apps/games as the primary stylised app/game font (as opposed to an e-flyer image embedded in an app); as logos; in primary branding materials; on apparel or merchandise to be made available for sale; on or in TVCs, films, entertainment content to be broadcast, streamed or made available on monetised social media channels/accounts.

Font Format: OpenType Format ‘.otf’

Compatible With: Mac and PC desktop computer applications like Photoshop, InDesign, Illustrator, Sketch, MS Office, etc.

Technical Terms: Pursuant to the Paid Licence, the Fonts will be able to be used in connection with your nominated Scope of Licence, other than in connection with any use or activity that would be covered by a Web Licence, Branding/Merchandise Licence, Software Licence or Broadcast/TVC Licence, and may be used in perpetuity, in any and all media and without quantity/duration restrictions (provided the correct Licence Category is chosen).

Web Licence

Permitted Use: Fonts may be used on the website, web-advertising and/or email marketing of the nominated End User Client (by, for example, using @font-face CSS). The Font Styles chosen and paid for can be hosted by you or the End User Client, as The Letters does not offer a font hosting service.

Prohibited Use: Non-exhaustive examples of usage that is not permitted include: use on printed materials/packaging; images; signage; ePub embedding; use within digital apps/games as the primary stylised app/game font (as opposed to an e-flyer image embedded in an app); as logos; in primary branding materials; on apparel or merchandise to be made available for sale; on or in TVCs, films, entertainment content to be broadcast, streamed or made available on monetised social media channels/accounts.

Domain: A Web Licence covers one domain name or website (which may be hosted across multiple domains and any related sub-domains). You may also use the Fonts on internal sites like intranets. You must nominate within the Project Description the specific website or domain name in relation to which the Fonts will be used.

Font Format: Web Open Font Format 2.0 ‘.woff2’

Hinting: These fonts are professionally hand-hinted.

Technical Terms: Pursuant to the Paid Licence, the Fonts will be able to be used in connection with your nominated Scope of Licence (with a single website to be specified by you and/or a single domain from which email marketing is sent) only as ‘live type’, email marketing font-type and dynamic web-advertising font-type and otherwise use with @font-face CSS in connection with the End User Client.

Software Licence

Permitted Use: Fonts may be embedded into specific apps, games or software products, which may be made available on any app store, software platform or operating system.

Prohibited Use: Non-exhaustive examples of usage that is not permitted include: use on printed materials/packaging; images; signage; ePub embedding; use as ‘live type’ on websites; in email marketing campaigns; as logos; in primary branding materials; on apparel or merchandise to be made available for sale; on or in TVCs, films, entertainment content to be broadcast, streamed or made available on monetised social media channels/accounts.

Single Product: The Software Licence covers only a specific app, game or software product (which may be functional across multiple platforms and operating systems) which must be named in the Project description. You may use the Font across multiple versions of the app, game or software product, but must obtain additional Paid Licences for use in sequels, spin-offs or entirely re-programmed versions of such apps, games or software products.

Font Format: TrueType Format ‘.ttf’

Technical Terms: Pursuant to the Paid Licence, the Fonts will be able to be used in connection with your nominated Scope of Licence as such use relates only to use within a digital ‘app’, game or other software product specified by you at the time of purchase, any you must provide the precise name (a ‘working title’ is acceptable) of the ‘app’, game or other software product.

Branding/Merchandise Licence

Permitted Use: Fonts may be installed on the purchaser’s computers and may generally be used to design: logos; brand marks; product wordmarks; title treatments (e.g. for the branding and marketing of non-fiction or entertainment content); images/words to be used on apparel, garment or merchandise products which will be made available for sale.

Prohibited Use: Non-exhaustive examples of usage that is not permitted include: use on printed materials/packaging (other than as a logo or for branding); images, signage, ePub embedded materials which are not solely use of the designed logo or branding; use within digital apps/games as the primary stylised app/game font; on or in TVCs, films and entertainment content to be broadcast, streamed or made available on monetised social media channels/accounts (except to the extent the designed logo or branding appears in such materials as a logo, brand mark or product wordmark only).

Font Format: OpenType Format ‘.otf’

Compatible With: Mac and PC desktop computer applications like Photoshop, InDesign, Illustrator, Sketch, MS Office, etc.

Technical Terms: Pursuant to the Paid Licence, the Fonts will be able to be used in connection with your nominated Scope of Licence as such use relates only in or on: branding, logo and trademark materials; apparel, garments and physical merchandise products, NFTs, artworks to be made available for sale or commercial release/use (in which case you must include the nature of the merchandise/products on which the Font will appear); and/or title treatments for the branding and/or marketing of entertainment or advertising content (in which case you must include the name of the proposed content in which the Font will appear).

Broadcast/TVC Licence

Permitted Use: Fonts may be installed on the purchaser’s computers and generally used in the creation and production of: TVCs; promotional videos/films for campaigns that are intended for commercial release or broadcast or made available on streaming platforms or monetised social media channels/accounts; non-fiction or entertainment content intended for visual transmission, via television, on streaming platforms, in theatres or other visual broadcast media (as well as audio-visual marketing communications (including trailers or related show or series promotions) relating to such content.

Prohibited Use: Non-exhaustive examples of usage that is not permitted include: use on printed materials/packaging; images; signage; ePub embedding; use as ‘live type’ on websites; in email marketing campaigns (other than within video content that may feature in such marketing campaign); use in the creation of logos, brand marks, product wordmarks, title treatments, images/words to be used on apparel, garments or merchandise products; use within digital apps/games as the primary stylised app/game font.

Font Format: OpenType Format ‘.otf’

Compatible With: Mac and PC desktop computer applications like Photoshop, Premiere Pro, Illustrator, Sketch, etc.

Technical Terms: Pursuant to the Paid Licence, the Fonts will be able to be used in connection with your nominated Scope of Licence only in a single audio-visual production (together with any cuts, versions and trailers directly associated with such audio-visual material), which is intended to be broadcast, published or made available on TV, in theatres, on streaming platforms and/or in connection with monetised/commercialised social media channels/accounts.

Trialling Fonts

Permitted Use: Fonts may only be used for internal design, testing and pitching processes for the purposes of determining whether the End User Client wishes to pursue the purchase of a Paid Licence for certain Fonts in respect of a specific Project.

Prohibited Use: Any public, external or commercial use or any other such use that would require a Paid Licence; sharing of font files to any third party (other than the End Client User); publishing or making the fonts available to any third party (other than the End Client User); use in respect of a different client, entity or project.

Font Format: OpenType Format ‘.otf’

Compatible With: Mac and PC desktop computer applications like Photoshop, InDesign, Figma, Illustrator, Sketch, MS Office, etc.

Technical Terms: Pursuant to the Trial Licence, the Fonts will only be able to used for creating materials relating to any Project and sharing those materials with the relevant End User Client solely for the purpose of such End User Client determining whether to approve the use of such Fonts.

Paid licence

This is a legally binding agreement that governs your use of fonts and is additional to, and to be read in conjunction with, our website T&C.

1. Agreement to Terms of Paid Licence

1.1. By requesting and/or paying for a licence to use a Font, you hereby agree to the terms and conditions set out in this Paid Licence.

2. Scope of Licence

2.1. Each Paid Licence only grants you rights in connection with the relevant:

(a) ‘Font Style’ chosen by you;

(b) ‘End User Client’ nominated by you (e.g. the entity who will ultimately use the Font);

2.2. You must provide the relevant details of such Font Style, End User Client and Project (as well as nominating a Licence Category) at the time of payment and these will make up the parameters of your ‘Scope of Licence’.

2.3. You may only specify 1 End User Client and Project per Paid Licence, and you must provide all requested and/or necessary details in connection with each such element of a Scope of Licence.

2.4. Failure to provide accurate details could result in an incorrect Fee being paid, incorrect rights being acquired and/or the End User Client’s rights to use the Fonts being terminated or void.

2.5. The “End User Client” is the person, company, organisation, entity or other body which is the ultimate beneficiary of the license granted pursuant to this Paid Licence (i.e. with whom the Font will be associated and/or on whose material the Font will be used). You must provide us with up-to-date and accurate information in respect of the size of the End User Client (i.e. the total number of employees and contractors of the End User Client).

2.6. The “Project” is the precise campaign, project, production, app, game, website and/or usage description for the particular brand named in the Paid Licence application in relation to which the Font is intended to be used. To be clear, the brand, domain name, website, app/game, product, campaign, etc, etc in relation to which the Font will be used/associated must be named and accurately described in sufficient detail (as determined by us) within the Project description and/or fields included on our Sites. The Project description provided to us must also include the general nature of the way the Font will be used in connection with the Project. You will need a separate Paid Licence for each such Project, brand, domain name, website, app/game, campaign, etc, etc. If sufficient information regarding the Project is not provided (including missing information requested by us), the Paid Licence shall be deemed to be void, unless otherwise agreed in writing.

3. Usage

3.1. We have separated our Paid Licences into the following 5 ‘Licence Categories’:

(a) Desktop Licence – you will be provided the chosen Fonts in ‘.otf’ format and will be entitled to use such Fonts in connection with your nominated Scope of Licence, other than in connection with any use or activity that would be covered by a Web Licence, Branding/Merchandise Licence, Software Licence or Broadcast/TVC Licence;

(b) Web Licence – you will be provided the chosen Fonts in ‘.woff2’ format and will be entitled to use such Fonts in connection with your nominated Scope of Licence (with a single website to be specified by you or a single domain from which email marketing is sent) only as ‘live type’, email marketing font-type and dynamic web-advertising font-type and otherwise use with @font-face CSS;

(c) Software Licence – you will be provided the chosen Fonts in ‘.ttf’ format and will be entitled to use such Fonts in connection with your nominated Scope of Licence as such use relates only to use within a digital ‘app’, game or other software product specified by you at the time of purchase, any you must provide the precise name (a ‘working title’ is acceptable) of the ‘app’, game or other software product;

(d) Branding/Merchandise Licence – you will be provided the chosen Fonts in ‘.otf’ format and will be entitled to use such Fonts in connection with your nominated Scope of Licence only in or on:

(i) branding, logo and trademark materials;

(ii) apparel, garments and physical merchandise products, NFTs, artworks to be made available for sale or commercial release/use (in which case you must include the nature of the merchandise/products on which the Font will appear); and/or

(ii) title treatments for the branding and/or marketing of entertainment or advertising content (in which case you must include the name of the proposed content in which the Font will appear); and

(e) Broadcast/TVC Licence – you will be provided the chosen Fonts in ‘.otf’ format and will be entitled to use such Fonts in connection with your nominated Scope of Licence only in a single audio-visual production (together with any cuts, versions and trailers directly associated with such audio-visual material), which is intended to be broadcast, published or made available on TV, in theatres, on streaming platforms and/or in connection with monetised/commercialised social media channels/accounts. If the use relates to a TV show or series, you must include the precise name (or number) of the season in which the Font will be used, and if the use relates to an advertisement or TVC, then the anticipated media on which it will be broadcast/communicated must be included.

3.2. If you have chosen the correct Licence Category and have provided accurate details in connection with the nominated Scope of Licence, then the rights granted will apply worldwide, in perpetuity, in any and all media and without quantity/duration restrictions.

3.3. If you wish to obtain a Paid Licence for a Scope of Licence or a Licence Category which does not fit into one of our scopes or categories set out above, then please contact us.

4. Licence Fees

4.1. The fees payable in connection with each Paid Licence shall be determined by the Scope of Licence and Licence Category specified at the time of requesting to enter a Paid Licence for the relevant Font (the “Licence Fees”).

4.2. The Licence Fees must be paid prior to any use of any Font (beyond the scope of any applicable Trial Licence).

4.3. All Licence Fees are non-refundable, regardless of whether the Fonts are used pursuant to a Scope of Licence or not, and regardless of whether the Paid Licence is terminated for breach.

4.4. If you have inaccurately specified the Scope of Licence and/or Licence Category, then we shall be entitled to immediately invoice you for Licence Fees for a Scope of Licence and/or Licence Category (or multiples of each) which accurately reflects the actual use of the Fonts and you must pay such invoice within 7 days of receipt of such invoice. For the avoidance of doubt, this does not limit our right to terminate any Font Licence for breach of contract.

4.5. We reserve the right to charge interest on all unpaid Licence Fees accruing from the date of first use of a Font not covered by a nominated Scope of Licence and/or Licence Category. The interest rate charged shall be 6% per annum higher than the Reserve Bank of Australia’s then-current published cash rate (compounding daily).

5. Your Obligations

5.1. You must:

(a) keep the Font files secure;

(b) not share the Font files provided to you with any third party;

(d) delete each Font after completion of the Project in connection with which it is intended to be used;

(e) immediately notify us, if you believe an End User Client has used the Font outside the Scope of Licence or Licence Category and cooperate with us to ensure we are paid any Licence Fees due for use outside such Scope of Licence or Licence Category.

Trial Licence

This is a legally binding agreement that governs your use of fonts you wish to trial and is additional to, and to be read in conjunction with, our website T&C.

1. Agreement to Terms of Trial Licence

6.1. By providing your details and completing your request to obtain access to our Fonts for testing purposes, you hereby agree to the terms and conditions set out in this Trial Licence.

6.2. You may only request a Trial Licence in connection with any Font, if your sole intention is to:

(a) test whether such Fonts are suitable for any Project; and

(b) acquire a Paid Licence for such Font if it is used in any such Project.

2. Delivery of Fonts

7.1. We shall deliver to you copies of Fonts or Font Style in a file format we deem to be suitable for your proposed needs.

3. Limited Grant of Rights

4.1 You may only install and use the Fonts provided for the limited purpose of:

(a) creating materials relating to any Project; and

(b) sharing those materials with a relevant End User Client solely for the purpose of such End User Client determining whether to approve the use of such Font.

4.2. You may only use the Fonts for as long as is required to evaluate whether to enter a Paid Licence for such Font.

5. Restrictions of Use

5.1. You may not:

(a) share the Font files provided to you with any third party;

(b) use the Fonts in any materials which are made available to the public;

(d) publish or make the Fonts available to any third party.

5.2. The grant of rights pursuant to a Trial Licence is revocable at any time and is non-exclusive and non-transferable.

6. Your Obligations

6.1. You must:

(a) keep the Font files secure;

(b) ensure that no third party accesses or infringes our rights in the Fonts; and