EULA II

Choz Cunningham's picture

Here is my plan for the licensing scheme for !Exclamachine Fonts, in shorthand. This is based on comments here on 'phile, and customer feedback. I am developing the prose formats now. Thoughts, comments? Anything I am forgetting?

Under Commercial Use, "standard" includes any use aside from software embedding, !ETF-only specimens and consumer letter products.

The following licenses do not detail any agreement for adding custom glyphs or software embedding.

Hobby License
Users .1
Workstations .1
Archives .unlimited
Embedding .none
Bureau Loaning .none
Output Devices .unlimited

Duration .perpetual
Commercial Use .non-mass production
exclusivity .none
licensee modification .allowed
licensor modification .none

Warranty .none
Liability .none

----------------
Designer License The "Regular" License.
Users .5
Workstations .5
Archives .unlimited
Embedding .unlimited
Bureau Loaning .-1 User/Wk Allotment
Output Devices .unlimited

Duration .perpetual
Commercial Use .standard
exclusivity .none
licensee modification .reciprocal (2 years)
licensor modification .reciprocal (2 years)

Warranty .none
Liability .none

----------------
Business License
Users .n/a
Workstations .12
Archives .unlimited
Embedding .unlimited
Bureau Loaning .1
Output Devices .unlimited

Duration .perpetual
Commercial Use .standard
exclusivity .none
licensee modification .none
licensor modification .none

Warranty .none
Liability .none

------------------
Enterprise License
Users n/a
Workstations .100
Archives .unlimited
Embedding .unlimited
Bureau Loaning .3
Output Devices .unlimited

Duration .perpetual
Commercial Use .standard
exclusivity .none
licensee modification .none
licensor modification .optional additional license

Warranty .2 year limited
Liability .none

------------------
Cobranding License This includes marketing and art resources, co-sales and an ongoing relationship.
Users .n/a
Workstations .n/a
Archives .unlimited
Embedding .unlimited
Bureau Loaning .unlimited
Output Devices .unlimited

Duration .2 years
Commercial Use .special (!ETF-only specimens and letter products)
exclusivity .one product type
licensee modification .none
licensor modification .included

Warranty .2 years limited
Liability .none

dan_reynolds's picture

Sounds good. I just have one question after the first read:

>Commercial Use .non-mass production
>Commercial Use .standard

How are mass production or standard commercial use defined?

Choz Cunningham's picture

"Under Commercial Use, “standard” includes any use aside from software
embedding, !ETF-only specimens and consumer letter products." Specific real-life examples would be the Exclamachine-labeled !Sketchy Times stickers and another clothing project, based on !The Black Bloc, in negotiations now.

"Non-mass production" includes hand-made works of craft or art, intended for resale. This is most similar to the "Angel License" popular in the growing scrapbooking market. Here's one example, the first typical one I googled: http://www.digitalscrapbookpages.com/digitals/index.php?main_page=produc...

dan_reynolds's picture

Thanks!

Choz Cunningham's picture

Here is a draft of the text of the Designer License:
Comments welcome, it is a little long for my tastes.
http://www.exclamachine.com/licenses/designer.pdf

Miss Tiffany's picture

Choz. (My "Not A Lawyer" 2¢):

Instead of saying "non mass production" I might say something like "non commercial" and then perhaps define what you deem as "commercial". I find "non mass production" a little vague as well as leaving yourself open for other lawyers definitions.

Choz Cunningham's picture

The Hobby License does allow commercial use, in a sense. I want to keep it in common terms as much as possible, but the first post is copied and pasted from my semi-coded notes in excel. The actual full length text will replace this with specific examples, much like the design license linked above describes. When exclamachine.com goes back online, I will have a license comparison table, but I will probably describe the Commercial Use there as "Limited" with a footnote or similar.

Choz Cunningham's picture

Hobby license now up, and the Designer license revised:

http://www.exclamachine.com/licenses/hobby.pdf

k.l.'s picture

(In the PDF, the bold looks like a faux bold.)

Choz Cunningham's picture

(Yes, it is. :) That's a draft, ejected out of the PDF "printer" from Word. I actually started to put it into a real DTP program and thought, "Wait, this is going to be XHTML soon enough". Then we can all look at it in our limping collections of browser fonts.)

Choz Cunningham's picture

Added the "Business", "Enterprise" and "Cobranding" licenses (draft versions)...

http://www.exclamachine.com/licenses/business.pdf

http://www.exclamachine.com/licenses/enterprise.pdf

http://www.exclamachine.com/licenses/cobranding.pdf

At this point, I feel that the first two are alright, but the last reads like a bit of a tangled mess.

I am not looking for legal guidance here, so much as an impression that the names of each more or less jive with a font purchaser's expectations.

In my upcoming faces, embedding is set to print/preview/edit, allow subsetting. Does this jive with the consumer expectations? There was a thread on this, but search has failed me.

Choz Cunningham's picture

And to match, here is a draft of the new free license. Not as free as the old one, but I hope the caliber of the upcoming work makes up for that.

http://www.exclamachine.com/licenses/free.pdf

In all, that's 6 different major licenses, intended to meet the needs of students, amateurs, designers, artists and businesses of various scales.

Missing from the Enterprise and Cobranding licenses are the changes to the warranty. Will do that next week.

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