General Terms and Conditions
Company / Firma
Softdrive Foundry
Görlitzer Straße 52
10997 Berlin
§1 Applicability
The general terms and conditions (GTC) apply to all contracts concluded between you and us, the license provider Softdrive® Foundry, Görlitzer Straße 52, 10997, VAT-number DE327750759 via this online shop, unless nothing else has been expressly agreed in writing.
If you download, install, upload, send, use, or otherwise handle our fonts then you agree to the terms of this contract. We do not accept deviating or conflicting conditions insofar as we have not expressly agreed to them in writing.
§ 2 Ordering in our online shop
Processing of your personal data
(1) In our online shop you may order as a guest or by creating a user account. For information on the processing of your data, please read our data protection information, which you can find under the following link (Privacy Policy).
§ 3 Conclusion of Contract, Contract Language
(1) We offer fonts that we have developed. These fonts are provided in an encrypted software form (so-called font software). When used properly, the software generates digital fonts which the buyer can then use in suitable application programs.
(2) Fonts are provided in static form for desktop computers and apps in OTF and TTF format. Fonts in OTF format are also optimized for print production. We offer variable fonts (non-static fonts) for desktop computers and apps in TTF, WOFF and WOFF2 format. These enable stepless adjustment between font styles
(e.g. in Adobe Indesign, Illustrator, Photoshop [status: August 28, 2023]) and are suitable for animations via supporting programs or coding as well as for use in websites, web or smartphone apps. Static fonts for web applications are provided in the formats WOFF and WOFF2. Web fonts are optimized for displaying text on websites.
(3) After full payment is received, you will receive an email with the font software or a download link for the purchased software. The licences you acquire with a purchase are defined in § 5 below.
(4) The exclusive language available for the conclusion of the contract shall be German. Translations of these GTC into other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.
§ 4 Information for consumers
1) We grant customers who are consumers a right of cancellation in accordance with the following cancellation policy.
A consumer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
CANCELATION POLICY
RIGHT OF REVOCATION
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us, Softdrive® Foundry, Görlitzer Straße 52, 10997 Berlin, e-mail: info@softdrivefoundry.com, by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
CONSEQUENCES OF THE REVOCATION
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen (14) days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
END OF THE CANCELLATION POLICY
SAMPLE CANCELLATION FORM
(If you want to cancel the contract,
please fill out this form and send it back.)
To Softdrive® Foundry, Görlitzer Straße 52, 10997 Berlin, e-mail:
info@softdrivefoundry.com
I / we hereby revoke the contract concluded by me / us for the provision of the following service: .......................
Ordered on / Invoice No.: .......................
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s)
Date ......................
(2) As an online company, we are obliged to inform
you as consumers about the online dispute resolution platform (ODR platform) of the European Commission. This ODR platform can be accessed
via the following link:
→ https://webgate.ec.europa.eu/odr
However, we do not participate in a dispute resolution procedure before a consumer arbitration board.
§ 5 Scope of licence
(1) Fonts are used in various ways and in various media. We therefore offer different licenses for corresponding font applications. The type of license(s) purchased is listed on the invoice for the respective fonts. The company size in the form of the number of all people working for it, serves as a parameter for determining the added value for a company. This determination value is also listed on the invoice.
(2) A license upgrade must be purchased if the license holder grows beyond the company size listed on the invoice. The licenses purchased previously will be factored in as a discount on the price of the new licenses. However, this cannot be managed by yourself or your client in our online shop and must be taken care of by contacting us directly at license@softdrivefoundry.com. Apart from that, the license fees are one-time fees. There are no subscription fees. For unlimited use, without having to consider later license upgrades, the corporate license listed below is suitable for interested parties.
(3) Our licenses are issued without temporal or geographical usage limitations.
(4) To find the appropriate license in addition to choosing the media application of a font, you simply need to know the size of your company or that of your client. This is the only parameter that needs to be considered. Information about web traffic or
the number of app downloads is not relevant and does not need to be provided to us.
The licenses are based on the following employee count ranges:
1 – 3 Employees
4 – 10 Employees
11 – 25 Employees
26 – 50 Employees
51 – 100 Employees
101 – 150 Employees
151 – 250 Employees
251 – 500 Employees
501 – 750 Employees
751 – 1000 Employees
1001 – 1250 Employees
1251 – 1500 Employees
1501 – 1750 Employees
1751 – 2000 Employees
2001 – 2500 Employees
2501 – 3000 Employees
3001 – 5000 Employees
*The licensing for a company size of 5001 or more employees is only possible through an inquiry to license@softdrivefoundry.com.
(5) LICENSE TYPES
TRIAL LICENSE / EARLY TRIAL LICENSE
The free trial license allows our fonts to be tested in order to determine whether a specific license is suitable for a future purchase. Additionally, this license permits designers to use fonts for presentations in the context of educational events or within the scope of a pitch or a proposal before clients. By downloading the trial fonts you agree to be signed up to our mailing list, in order to stay informed about updates or additions to our font catalogue. You can cancel this subscription anytime. In case you want to get a full license for one of the early trial fonts please make a direct inquiry to:
→ license@softdrivefoundry.com
DESKTOP LICENSE
With a Desktop License, purchased fonts can be installed on your devices to create non-dynamic print and screen content such as posters, (non-trademarked) logos, images, books, animations, objects, signage, and merchandise.
WEBFONT LICENSE
The Web License restricts the use of the font software to one (1) specified web domain, including subdomains, as indicated by the buyer. Web-licensed fonts can be used via CSS (cascading style sheets) and @font-face technology. The amount of web traffic is unlimited. For additional web applications on other domains, an additional web license must be purchased, and so forth. By purchasing, you acknowledge that it is not discernible where the font software is stored on your server. There must be no public link for downloading the font software. It must not be possible for a third party to directly link to, copy, or download the font software. The web font may only be integrated on the designated web domain. Only the WOFF, WOFF2, and TTF files provided by us may be used. File formats like OTF from the Desktop License are not suitable for web applications and must not be converted into web formats.
APP / GAME LICENSE
This license is required to embed a font into one (1) app, such as mobile app, web app, epublishing, a digital point of sale system, or e-commerce application, as well as a PC / browser /video game. For each additional app or PC / browser / video game, a separate license is needed.
ENTERPRISE LICENSE
The Corporate License applies to unlimited usage, covering all the licenses offered on softdrivefoundry.com for various media uses. There is therefore no limitation regarding company size. Unlimited usage is not available through the retail shop configuration. Please make inquiries directly via email at:
→ license@softdrivefoundry.com
(6) LICENSE EXTENSIONS
License extensions are typically only necessary starting from a staff count of 5001 or more and must be directly requested. Our custom inquiry form in the webshop provides the necessary support for this. In certain cases, such as special branding or the creation of a trademarked logo/wordmark or similar projects, this is also required. In general, for comprehensive licensing, a direct inquiry is recommended:
→ license@softdrivefoundry.com
TRADEMARK LOGO EXTENSION
To register a brand logo or a logo created using our fonts as a trademark, this extension is required. For creating multiple brand logos, a separate license extension is needed for each. To create brand logos, the font may be converted into outlines or vectors for further editing. Modifications of the provided font file are generally not allowed. The above-mentioned services are available upon request.
FONT CUSTOMIZATION EXTENSION
Font adaptations or extensions to the font families we offer require prior approval from us (Softdrive® Foundry). We also offer these services directly. All necessary information directly to:
→ license@softdrivefoundry.com
SOCIAL MEDIA EXTENSION
This license extension generally applies to posts, videos and paid content on social media platforms such as Instagram, TikTok, Facebook, YouTube, X, reddit, Snapchat, etc. This license extension is only required for an employee count
of 101 or more.
NON-PROFIT LICENSE EXTENSION
Selected non-profit organizations and non-commercial projects receive a discount.
LICENSE EXTENSION IN THE POLITICAL USE
Any use of our typefaces in a political context, including campaigns and messages (slogans, claims, logos) by parties or organizations, requires prior approval by Softdrive® Foundry.
LICENSE EXTENSION IN THE RELIGIOUS USE
Any use of our typefaces in a religious context, including campaigns and messages (slogans, claims, logos) by organizations, requires prior approval
by Softdrive® Foundry.
ONLINE ADVERTISING EXTENSION
Extended license for use of fonts in advertising on websites and mobile online forms, including banners, pop-ups, floating ads, email newsletters and more.
OUT-OF-HOME EXTENSION
License extension to use fonts for the creation and publication of outdoor advertising in print or digital format, including (video) billboards, signs, street furniture, moving vehicles and more. This license extension is only required if the number of employees is 101 or more.
TV/CINEMA/STREAMING EXTENSION
This license extension is required for video content intended for broadcast services and streaming platforms, including television, movies, and video advertising. Streaming platforms include YouTube, Vimeo, Netflix, Apple TV+ and more.
EXTENSION FOR CLOTHES/ACCESSORIES/PRODUCT BRANDING
License extension for the use of our fonts for the design and production of apparel, accessories or branded products.
(7) GENERAL RESTRICTIONS
The following is not permitted with our fonts:
• Use in any form of discriminatory or violence glorifying context.
• Use in a political or religious context without obtaining our permission.
• Alter, edit, decompile, modify, translate, disassemble, reformat, convert, rename the font software or explore, copy or make publicly available the source code of our font software.
• Duplication (except for backup copies), distribution, and making available to the public is prohibited.
• Creating derivative works based on our fonts.
• Changing the font name without our permission.
• Redistributing a font file with a changed name without our permission.
• Embedding fonts so that end users can access them.
• Placing the font software on public servers.
• Placing the Font Software on publicly accessible media / PCs / laptops / tablets / etc.
• The creation of new fonts using the font software and its associated data, including metric data, kerning, hinting, and glyph outlines, through artificial neural networks, machine learning, or ther algorithmic or generative processes. This includes all automated processes or AI-based methods that use the font software or its data to train deep learning systems for the synthesis, generation, or modification of fonts. This applies regardless of the goals within this process, the application, or the specific product.
(7) RIGHTS OF USE
We always grant the purchaser only simple, i.e. non-exclusive, rights of use to the purchased font software.
The material scope of application / license scope is determined by the type of license, see § 5 (5). The duration and territorial scope of use are unrestricted.
Reproduction (with the exception of backup copies), distribution and making available to the public is prohibited.
The font software may not be altered, edited, decompiled, modified, translated, disassembled, reformatted, converted, renamed, or the source code of the font software researched or copied in any way.
If the purchaser violates the above obligation, we are entitled to revoke the right of use. Documents containing fonts created by the font software may only be sent in read-only mode, preview and print view, so that the recipients of the documents cannot extract the fonts and use them to create new documents.
(8) BACK UP
A back-up copy of the font software may be stored on purchaser’s external storage media. The font software may not be installed on a public server.
§ 6 Technical steps up to the conclusion of the contract and correction of input errors
As part of the ordering process, you first place the desired font software in the shopping cart. If you have added goods or services there, by continuing to step three of the checkout process, you will initially be taken to a page where you can enter your data and then select the payment method by clicking “Place Order”. Finally, an overview page opens where you can review and correct
your information. Otherwise, by clicking the confirmation button “Pay,” your statement becomes binding according to § 4 (2) of these terms and conditions.
§ 7 Storage of the contract text
You will receive the contractual provisions together with information on the fonts-software ordered including these GTC by e-mail upon acceptance of the contract offer together or together with the notification thereof this. We do not store the contractual provisions for you.
§ 8 Payment Conditions
(1) The purchase price is due immediately after placing the order. The payment can be made via credit card or via our payment provider.
(2) All prices – unless they are expressly designated as gross prices – are exclusive of the statutory value-added tax applicable at the relevant time.
§ 9 Warranty, Testing obligations
(1) If the font softwares delivered are defective, you are entitled, within the scope of statutory provisions, to demand supplementary performance in the form of removal of defects or delivery of a defect-free item. We are entitled to choose the form of supplementary performance. If the supplementary performance fails, you have the right to reduce the purchase price or to withdraw from the contract.
(2) Except for consumers, it is a prerequisite for any warranty rights that you properly fulfill all inspection and complaint obligations owed under § 377 HGB.
(3) The licensee is obligated to carry out a professional check with regard to the intended target medium or to have this carried out by specialist personnel, e.g. a graphic designer (subcontractor) commissioned for this purpose, within the
scope of the usual duties of care before the final integration of the licensed fonts into his / her work. This means that in the case of extensive print production or with regard to a similar analog target medium (signage, cutting plot, etc.) a test print
must be carried out or a test sample produced before final production. Should this reveal an error which is clearly attributable to one of our offered typefaces, this must be reported to us immediately for rectification of the defect.
(4) For entrepreneurs, the limitation period for warranty claims for the delivered goods is – except in the case of claims for damages – twelve months from receipt of the goods.
§ 10 Limitation of Liability
We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our
vicarious agents.
The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.
§ 11 Final Provisions
(1) Amendments or supplements of these terms and conditions require the written form to be binding.
(2) The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(3) The place of performance and the exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be Berlin, provided that the contractual partner is an entrepreneur.
(4) If individual provisions of these terms and conditions are ineffective, statutory laws, the terms and conditions as a whole remain unaffected. The contractual parties shall amicably decide to replace the ineffective provision by a legally effective provision, which comes closest to the commercial purpose of the ineffective one. The aforementioned provision shall accordingly apply in case of gaps.