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What defines "commercial use"?

“Commercial-Use” is defined simply as any use of the font/file that results in a personal, business, or corporate financial gain. This can include (but not necessarily be limited to) any of the following: branding, advertising, retail products, informational/promotional collateral, computer/phone apps, visual broadcast/replay, etc., that is made available in physical and/or digital form.

Any such use requires a Commercial-Use license be purchased for every seat* utilizing the product.

Standard Font Pricing and Allowances

A standard Commercial-Use license** will cover all physical usages other than exclusive usage rights and retail products where the font comprises 30% or more of the final retail design.

If the intended use exceeds one or more of the stated exceptions above, then further correspondence and arrangements between the persons/business involved and Essqué Productions will be required.

In the case of contracted designers, it is suggested that the designer’s client(s) purchase at least one (1) Commercial-Use license for their records if usage is to exceed more than one project (your personal/business’ purchase of a commercial-use license can cover the initial project). If the commercial usage includes a client’s branding, it is HIGHLY RECOMMENDED that one or more (1+) seat* licenses be purchased by the client so they may continue to use the font commercially beyond the services of the designer.

Digital Font Pricing and Allowances

Digital use of fonts must be in an integrated or graphical manner. Fonts cannot be distributed/sold in a stand-alone format. If fonts are used purely in a graphic format (like title screens or web graphic elements – not as part of text/interface), the Standard Pricing and Allowances can be followed. If the font visually comprises more than 30% of the final product display/interface content (and usage does not conform to any licensing options currently available), then further correspondence and arrangements between the persons/companies involved and Essqué Productions will be required.

In the case of commercial electronic publications (ePub) (including, but not limited to PDF files, ebooks, edocs, Kindle, Nook, etc.), you must purchase Desktop licensing in order to program/design the ePub (see above guidelines). Depending on how many publications you may wish to use this font in, you can purchase a per-publication license or an unlimited-use license for each font in use.

In the case of mobile/computer apps (on any phone, tablet, or computerized device), you must purchase Desktop licensing in order to program/design the app (see above guidelines). There is a per-app license required for each font in use.

Webfont structure is still somewhat under development. Currently, we have tiered options starting with 100,000 views or less/month/site all the way up to unlimited views/site. (This structure may shift and settle as more fonts are available in this category.)

If you are wishing to use a font online as an option for user-customized products, at this time we ask that you purchase both the “unlimited views webfont” license in addition to the “unlimited ePub” desktop license for each site you wish to make this an option.

In the case of virtual world use (SecondLife®, IMVU, etc.) where the font is being used as a virtual goods “product/line label” that exchanges such goods for virtual currency (Linden, BitCoin, Credits, etc.): If the shop sales where the font is being used exceed $70USD in real-life currency, or you need to use more than 5 characters from the font for your label, you need to consider purchasing at least one (1) Commercial-Use license.

Media Asset (Digital/Print) Allowances

Unless otherwise stated, all media assets purchased are to be utilized as an end-user consumer by a single person/entity. Assets may not be repackaged or resold individually or as part of another product/package without express permission from Essqué Productions (EP).

Graphic elements may be used in manufactured retail products as final-form-only (read not alterable/customizable). Element(s) may not be used as a stand-alone final design, including print-on-demand merchandise for licensee’s profit. Elements must be incorporated within a larger whole design.

Use of assets in over-the-air or online broadcast, simulcast, or replay may be allowed if said assets are not a significant portion of the final production and production is not monetized. Monetization of media that includes assets purchased from EP may require further licensing. (Contact EP with inquiries.)

It is highly recommended that subsequent licenses be purchased if they are to be used in more than one final project – especially if the project is eligible for monetization.

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*The term “seat” is defined as any digital console that can have the font installed as an option for use in creating commercial materials, including, but not limited to, those listed above.
**Can also be referred to as a Desktop license.