Exemplar EULA

Secure Application Embedding

THIS ADDENDUM to the numbered end-user license agreement (“EULA”) referenced above (the “License”) becomes effective on the date stated above (the “Addendum Effective Date”), on condition that an authorized representative of the Licensee has completed the online check-out, including clicking agreement to the Addendum terms.

    1. The last sentence in section 1(a) of the License is hereby deleted in connection with the uses of the Font Software permitted by this Addendum. This Addendum is effective only for the term of years named above from the Addendum Effective Date. Unless you obtain a new addendum covering a future time period, all use permitted hereunder must be discontinued by the term expiration date, subject to all of the provisions of the EULA.
    2. Sections 1(b) and (c) of the License are hereby modified to additionally permit you to embed the Font Software within an unlimited number of digital application(s) associated with the licensed brand (individually or collectively, the “Applications”), only if the following conditions are met: (1) the Font Software will not be installed in the devices’ system in a manner that renders it available to the user other than for use in the Applications; (2) the Applications are substantially connected to the licensed brand; and (3) the Applications prominently display the brand.
    3. Section 1(f) of the License is hereby modified to permit you to subset the Font Software files embedded in the licensed Applications, on condition that you retain the Darden Studio name of the Font Software. Darden Studio is not responsible for any display or other technical problems which may occur as a result of your use of third-party software for this permitted modification. You are not permitted to otherwise modify the font software without Darden Studio’s express permission. By way of illustration and not limitation, font file name obfuscation and the swapping of default characters are both expressly forbidden.
    4. The Addendum fee is based upon the average monthly combined active users (measured over a one-year period) for all of your Applications that embed the Font Software (a user of multiple Applications is counted for each one), up to the maximum stated. (If a user can access the same interface through both a website and an application, your use may be better suited for a hybrid web/app addendum.) The price stated above represents the prepaid amount. For each year, if actual use exceeds the prepaid amount you will be charged the difference between the prepaid amount and the actual use based on the tier-based pricing in effect at the time of purchase. (For a multi-year Addendum, you will be asked to report actual use at the close of each year and pay any difference between the prepaid and the actual use price, with no penalty.) The price of a new addendum will be based upon Darden Studio’s pricing tables then in effect.

Frequently Asked Questions

What does AMAU stand for?

AMAU stands for “Average Monthly Active Users”. This refers to the users of your app and is a metric we will expect you to collect and report to us. We will take the monthly average over a 12 year period.

How do I request an app addendum?

If you’re planning on buying a desktop license, you will have the option to request the addenda as part of the process. We will then contact you to arrange the addendum. If you already have a desktop license or don’t need one, then please use our contact form.

I’m only using the fonts for headlines and will not have any user generated text. Do I still need an addendum?

The only question we ask is, “are the fonts embedded in the application?” Pricing is determined based on the number of active monthly users of your application(s) with no consideration to the way the fonts are deployed in the app(s).

Do you count Roman (upright) and Italic as separate styles?

Yes, they are licensed and priced as separate styles.

We're making versions for both iOS and Android. Do we need to get two addenda?

You only need one! We license by brand and permit the font to be embedded in an unlimited number of apps associated with the brand partly to be platform neutral. Also, this way existing app embedding licensees don’t have to tell us every time you add an app – just make sure to provide the average active monthly users for all apps in which the fonts are embedded at the end of the license year when you report actuals.

If I get an addendum for up to 5 Million AMAU and I have a month that goes up to 8 active users will you cut me off?

No. For starters, we know that many of our customers’ apps have seasonal fluctuations – which is why we look at a 12 month average rather than an individual month’s traffic. But also, we trust you. At the end of each 12 month period we will ask you to report past use. If actuals exceed the maximum licensed amount we will charge you the difference for the next tier up, with no penalty.

What if my application(s) are new (or about to change substantially) and I don’t have any stats yet?

We know what it’s like start a new project and want to support all our start-up customers. In this case we will trust you to make your best guess at the active monthly users for the upcoming 12 months. We will issue only a one year license (licensees with a history can get longer licenses) and we will work with you at renewal time to agree to a fair price for the previous year if it turns out that your estimate was low.

I need the fonts now but don’t plan to start public use in my app for a little while, can I add it later?

Yes. As with all our licenses, you can always add rights, CPUs or whatever, later. When you’re ready you can contact us with your shop order number and tell us what you’d like to add.

Can I get a perpetual license?

At this time the maximum number of years we will license at a time is 5. Licensees whose websites have a history of use can license more than one year at a discount of 5% per additional year up to 20%. For example, if you license three years your entire license (including the first year) will be discounted by 10%.