Desktop Font Software End User License Agreement

Please read this document carefully. We recommend that you print a copy for further reference.

This End User License Agreement (further referred to as the “Agreement”, “EULA,” “License,” “Agreement”, or “License Agreement”) is a legal agreement between you and Type Tailors BV, doing business under the commercial name Type By, with a registered business address at Mechelsesteenweg 25, B-2018, Antwerp, Belgium, with a business registration number BE0894904974 (further referred to “Type Tailors”) and becomes a binding contract between you and Type Tailors BV. This Agreement governs the terms of use of the Font Software and the design of the Fonts embodied therein (collectively, “Font Software”), together with any printed materials, media and electronic documentation, updates, add-ons, artworks, web services, mobile services, and any other material that may be associated with the product now or in the future. This Agreement becomes effective (1) when you click on the area marked “I agree to all terms and conditions of the applicable license agreement(s),” or (2) if you are acquiring Font Software on a compressed archive delivered via e-mail attachment, or a delivery on a CD, DVD, or when you open the package in which the font software is contained. If you do not wish to enter into this Agreement, do not purchase, download, install, or access and use the Font Software.

1. Upon payment in full, Type Tailors will grant you a non-exclusive, non-assignable, non-transferable, terminable License to the Font Software that accompanies this EULA. Use of the Font Software is limited to Personal or Internal Business Use only. For the purposes of the License, “Font Software” shall be defined as the design of the Fonts together with the Font Software which, when used generates typeface and typographic designs, symbols, and ornaments. “Personal or Internal Business Use” shall mean Use of the Font Software for your customary, personal, or internal business purposes and, except as may be otherwise permitted herein, shall not mean the commercial distribution or use of Font Software or any component thereof in any Commercial Product whatsoever. You hereby agree that the Font Software shall further comprise all bitmap and/or outline representations of typeface and typographic designs and ornaments created by or derived from the Font Software. The Font Software shall be deemed to include, if applicable, any upgrades, updates, related files, permitted modifications, permitted copies, and related documentation.

2. Every entity - business, organisation, or consumer - that requires access to Font Software must purchase a License in own name prior to using the Font Software. If you are a design company, advertising agency, consultancy, or if you are purchasing this license for use by, or on behalf of, such an entity, or a third-party End User, you must purchase a license appropriate for the intended use of the Font Software by you and the third-party End User. The license granted herein is strictly for use by the license holder – it does not cover or extend to uses by third parties, including but not limited to a subsidiary, affiliate, franchisee, assignee, customer or agent, freelance or independent contractors, or temporary employees using the Font Software in professional environments or for other professional uses. You may not make more copies of the Font Software than the maximum number your license allows. Under the circumstances when a greater number of licenses is required, you, the employer, and/or the ultimate End User are required to purchase additional licenses appropriate for their usage.

3. In this Agreement, “Commercial Product” shall mean, for example only, not limitation, a user-editable electronic document created by use of the Font Software which is then offered for distribution to the public as a Commercial Product in exchange for a separate fee or remuneration. For example only, not limitation, an electronic publication to be distributed for a fee shall be considered a Commercial Product.

4. Except as may be otherwise prohibited herein, you are permitted to electronically distribute a “Personal or Internal Business Use” document (that is, a document other than a Commercial Product as defined above) (i) that is in a static graphic image (for example, a “gif”) or in an embedded electronic document, and (ii) which is distributed in a format that permits only the viewing and printing (and not the editing, altering, enhancing, modifying or extraction of the Font Software) of such static graphic image or an embedded document. Personal or Internal Business Use shall not include any use of the Font Software by persons that are not members of your immediate household, or your authorised employees. All such users shall be notified by you as to the terms and conditions of the Agreement.

5. Type Tailors, including its successors and its assigns, do retain all right, title and interest in and to the Font Software together with the design of the Font embodied therein together with any trademarks used in connection therewith. Except where otherwise expressly permitted herein, you agree not to copy the Font Software or create derivative typeface design works and/or font software based upon the design of the Font or the Font Software. You agree that the unauthorised use of the design of the Font and/or the Font Software represents an infringement of Type Tailors’s exclusive rights causing significant monetary harm. You also agree that such damages cannot be readily estimated and Type Tailors shall be entitled to seek a restraining order to prevent any unauthorised uses. In the event of infringement, Type Tailors’s rights and remedies shall be cumulative.

6. You are not allowed to alter the Font Software or the designs embodied therein in any possible way. Creating, Generating, or converting the Font Software into additional or other formats, or into files intended for use in other operating systems, is expressly prohibited. You are not allowed to perform character set subsetting: customised subsetted variants of the Font Software may only be created by Type Tailors BVBA on request, as a paid service. Any alterations or amendments to the naming and/or embedding bits characteristics of the Font Software is expressly prohibited. The Font Software may not be used to create or distribute any electronic document in which the Font Software, or any part thereof, is embedded in a format that permits editing, alterations, enhancements, or modifications or extraction of the Font Software by the recipient. You agree not to facilitate or transmit any electronic document to any parties that intend to edit, alter, enhance, modify, “hack,” or otherwise remove the Font Software.

7. You may make two (2) backup copies of Font Software for archival purposes only, and you agree to retain exclusive custody and control over any such copy. Upon termination of the Agreement, you must destroy the original and any and all copies of the Font Software. Uploading the Font Software to GitHub repositories is expressly prohibited and represents unauthorised sharing and distribution of the Font Software. The unauthorised sharing, distribution, assignment, sub-licensing, lending, renting, sale and re-sale, or other unauthorised use or misuse of the backup copy, represents a material breach of this Agreement and will result in the immediate termination of this License.

8. The design of the Font, the Font Software and any trademarks associated therewith are the exclusive property of Type Tailors BVBA and are protected by the copyright and other intellectual property law of the Kingdom of Belgium, as well as by the international copyright and design laws and international treaties.

9. You expressly agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or otherwise attempt to discover the source code of the Font Software. Other jurisdictions may provide for additional rights, and if applicable, you may reverse engineer or decompile the Font Software only to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purpose and only to the extent that sufficient information is not provided by Type Tailors upon written request). All trademarks shall be used in accepted trademark practice, including identification of the trademark owner’s name. Use of the trademarks associated with the Font Software inures solely to the benefit of Type Tailors. You may not change any trademark or trade name designation for the licensed Font Software.

10. Use of Type Tailors Font Software in the following circumstances and/or applications is not permitted without first obtaining the appropriate license or license upgrade:

    • installation on desktop and laptop computers
    • embedding in web domains
    • embedding in apps
    • embedding in software
    • embedding in electronic devices
    • embedding in ePub
    • digital ads use
    • server use
    • SaaS use
    • social media use
    • gaming use
    • broadcasting and streaming of audio-visual titles
    • alphabet and/or letterform-related products, intended for resale
    • letterform creation products or devices, intended for resale
    • storing, caching, serving or providing access the font software to third parties via the internet, for use or display on the internet

    In order to obtain a license upgrade, you must contact Type Tailors at: sales@typeby.com for more information. If you are unsure whether your use of the Font Software is specifically permitted under this Agreement, please contact Type Tailors.

11. Embedding of the Fonts in a print/preview format is permitted. Notwithstanding, embedding or other use of the Fonts or the outlines thereof in any method which permits the extraction of the Font Software of the designs embodied therein is expressly prohibited. Any such use requires the express written permission of Type Tailors and may or may not require the purchase of a license upgrade at the sole discretion of Type Tailors.

12. In the event any symbols, ideographs, dingbats or other art forms are part of the Font Software, use of the artwork is further restricted. You may use the artwork, drawings and/or dingbats on goods for sale, in logo design, retail packaging or in point-of-sale uses only after the purchase of a license upgrade.

13. Embedded Electronic Devices include the use of the Font Software for any on-screen display or on an electronic device outside a single (1) location. For example, and not by way of limitation, such electronic devices include kiosks, gaming devices, embroidery or sewing machines. The Font Software may be embedded and resident within an electronic device provided it cannot be extracted from the device. This restriction does not apply to laptop/notebook computers which are defined as a standard device in this Desktop Font Software License Agreement.

14. The Font Software is licensed for perpetual use by a specific number of computing devices registered in the Sales Invoice accompanying this EULA. Use of the Font Software in more than one geographic location is permitted provided that each geographic location, computing device or potential computing device is licensed. You are not entitled to a refund, offset or other adjustments in the event of a reduction in the number of computing devices or a reduction of the number of geographic locations. Should you opt to upload the Font Software to your Adobe Creative Cloud account for serving multiple computing devices, you must first ensure the maximum number of computing devices linked to your Adobe Creative Cloud do correspond with the maximum number of computing devices allowed by your Desktop license. Under the circumstances when a greater number of licenses is required, you are required to purchase additional licenses appropriate for your usage. You agree that the installation of Font Software on a greater total number of computing devices than the maximum number your license allows - including but not limited to the installation of Font Software on your computing devices via Adobe Creative Cloud - represents an unauthorised use of the Font Software.

15. Except as may be otherwise expressly provided for herein, you expressly agree not to rent, lease, sublicense, give, lend, donate, or further distribute the Font Software - fully or in part. You may not transfer your rights under this Agreement - fully or in part - to another person or entity (including but not limited to: ) at any time. Any transfer in violation of this provision will be null and void from inception.

16. All sales of Font Software are final. The Font Software may not be returned, exchanged, or refunded.

17. Type Tailors warrants that the Font Software will perform substantially in accordance with its documentation for ninety (90) days following delivery of the Font Software. To make a warranty claim, you must return the Font Software to the online provider you acquired it from, together with a copy of your invoice and sufficient information regarding your acquisition of the Font Software to permit the confirmation of the effective date of this License. Type Tailors hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Type Tailors does not warrant that the operation of the font software will be uninterrupted or error-free, or that the font software is without defects. Under no circumstances shall Type Tailors be liable to you or any other party, for any damages (including but not limited to special, consequential, incidental damages, lost profits, savings or business interruption as a result of the use of the font software even if notified in advance of such possibility. You hereby agree that your entire, exclusive, and cumulative liability and remedy shall be limited to the cost of the Font Software or replacement thereof, either of each remaining at Type Tailors’s discretion. Under no circumstances shall Type Tailors’s liability to you exceed either the refunding of the cost of the Font Software or replacement of the Font Software, either of which shall be at Type Tailors’s sole discretion. The terms of this Agreement are contractual in nature.

18. Consumers only: Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, special damages, or implied warranties. Any implied warranty or other right created by law is only effective for the shortest warranty period allowed by law. No warranties or conditions of any kind apply thereafter. In the alternative and to the extent permissible by law, you agree that all implied warranties are not to be effective for more than thirty (30) days.

19. You expressly agree that this Agreement shall be governed by the laws of the Kingdom of Belgium, as they apply to contracts wholly performed therein and without respect to its conflict of laws provisions or the conflict of laws provisions of any other jurisdiction. You expressly accept the jurisdiction of the courts in the District of Antwerp, Belgium. You hereby also expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

20. This Agreement may, at Type Tailors’s sole discretion, be enforced by an authorised agent acting on its behalf.

21. To the extent that any law, statute, treaty, or governmental regulation shall be deemed by a court of competent jurisdiction to provide you with additional or different rights from those provided herein. Such rights are determined to be deemed non-waivable as a matter of law and to supersede the rights or any limitations specifically provided herein. Then such law, statute, treaty, or governmental regulation shall be deemed to be made a part of the Agreement. To the extent that any such rights created by any law, statute, treaty, or governmental regulation are waivable, you agree that your acceptance of the Agreement shall constitute an effective and irrevocable waiver of any such right.

22. You acknowledge that you have read this agreement and understand it and that by using the software you will be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Type Tailors and you which supersedes any proposal or prior agreement, oral or written as well as any other communications relating to the subject matter of this Agreement. No variation of the terms of this Agreement or any different terms will be enforceable against Type Tailors in the absence of an express written amendment or consent, including a written express waiver of the affected terms of this Agreement. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by Type Tailors with a provision that affects the intent of the invalid provision.

23. Type Tailors expressly reserves the right to amend or modify this License Agreement at any time and without prior notification, to the extent permitted by law.

24. In the event you or any authorised user breaches the terms set forth herein, this Agreement shall automatically terminate. Notwithstanding any termination of this License, Type Tailors expressly reserves any and all other remedies under equity or law.

25. Should you violate any of the provisions of this License, Type Tailors shall be entitled to reimbursement of all its costs and expenses incurred to investigate the violation and enforce its rights, including the costs of investigation, settlement, expert witnesses and reasonable attorneys’ fees, together with all additional costs incurred in the enforcing or collecting any judgment rendered. The reimbursement of such costs to Type Tailors shall be in addition to the damages, remedies, and award of costs that may be obtained by judgment under the applicable law.

The Agreement may only be modified in writing signed by an authorised representative of Type Tailors.

All inquiries may be sent via e-mail to hello@typeby.com. Type Tailors’s website is located at www.typeby.com.

Webfont Software End User License Agreement

Please read this document carefully. We recommend that you print a copy for further reference.

This End User License Agreement (further referred to as the “Agreement”, “EULA,” “License,” “Agreement”, or “License Agreement”) is a legal agreement between you and Type Tailors BVBA, doing business under commercial name Type By, with a registered business address at Mechelsesteenweg 25, B-2018, Antwerp, Belgium, with a business registration number BE0894904974 (further referred to “Type Tailors”) and becomes a binding contract between you and Type Tailors BVBA. This Agreement governs the terms of use of the Font Software and the design of the Fonts embodied therein (collectively, “Font Software”), together with any printed materials, media and electronic documentation, updates, add-ons, artworks, web services, mobile services, and any other material that may be associated with the product now or in the future. This Agreement becomes effective (1) when you click on the area marked “I agree to all terms and conditions of the applicable license agreement(s),” or (2) if you are acquiring Font Software on a compressed archive delivered via e-mail attachment, or a delivery on a CD, DVD, or when you open the package in which the font software is contained. If you do not wish to enter into this Agreement, or if you cannot or do not agree to the terms of this Agreement, do not purchase, download, install, or access and use the Font Software.

1. This License is directed to use of the Type Tailors Font Software as web fonts. Downloading Type Tailors Font Software for use on a desktop, laptop or workstation is controlled and only permitted under a different License. If you wish to use and/or install the Type Tailors Font Software on your desktop or personal computer or on a server for use and access by a desktop or personal computing device, you must secure a separate license appropriate for such intended use. You further agree to exercise reasonable care to avoid unauthorised distribution of the Font Software.

2. The Font Software will be transmitted for your use in the Web Open Font Format (“WOFF”) format and/or such other formats as Type Tailors may determine or otherwise agree, at its discretion.

3. This non-exclusive, revocable license grants you limited rights to use the Font Software to style HTML and SVG documents using the CSS @font-face mechanism. Other embedding or linking uses or techniques, such as PDF, EPUB, iOS and/or Android native applications, Cufón or sIFR, are not permitted under this license and if so desired, require the purchase of an additional license.

4. The Font Software is licensed only for use on a specific domain name registered in your Sales Invoice accompanying this EULA. Example: www.yourdomain.com/ The Font Software may be used on any number of sub-domains of the licensed domain names registered in your Sales Invoice accompanying this EULA. Example: www.subdomain.yourdomain.com/

5. The Font Software is licensed for a maximum number of page views per month registered in your Sales Invoice accompanying this EULA. A page view is defined as a request to load a page that references the Font Software via the CSS @font-face mechanism. If the maximum number of allowed page views is exceeded, an additional license, or license upgrade is required. Type Tailors reserves the right to request, and you hereby agree to provide, a detailed analytics report (issued by Google analytics or an equivalent service) displaying the maximum monthly page view counts of your licensed domain name within seven calendar days of the request date. Such license compliance verification requests by Type Tailors may be carried out no more than twice per calendar year.

6. The Font Software is licensed for use in perpetuity.

7. The terms and price associated with this License are based upon the licensed number of domain names and maximum pages views registered in your sales invoice. If you anticipate an increase in page views or increase in the number of domains, you should notify Type Tailors as early as possible and secure an upgrade of your license. You are not entitled to a refund, offset or other adjustment in the event of a reduction in the number of domains or reduction of the number of maximum page views.

8. Any process, technique or device such as hot-linking, re-serving or re-directing that allows access to and/or use of the Font Software by unlicensed parties is strictly prohibited.

9. The use of the Font Software for web forms is permitted. However, any other editable use of the Fonts, such as in templates or for use in the creation of customisable designs or products requires the purchase of a separate license.

10. You may make two (2) back-up copies of Font Software for archival purposes only, and you agree to retain exclusive custody and control over any such copy. Upon termination of the Agreement, you must destroy the original and any and all copies of the Font Software. Uploading the Font Software to GitHub repositories is prohibited and represents unauthorised sharing and distribution of the Font Software. The unauthorised sharing, lending, renting, sale, or other unauthorised use or misuse of the back-up copies, represents a material breach of this Agreement and will result in the immediate termination of this License.

11. The Font Software is the exclusive property of Type Tailors. All right, title and interest in and to the Font Software, the design of the Fonts embodied therein, the copyrights, all trademarks, trade names and service marks associated therewith are the exclusive property of Type Tailors.

12. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or alter, the Web fonts, the Font Software or the designs embodied therein. The Type Tailors Font Software, the Web fonts and/or documentation may not be sub-licensed, sold, leased, rented, lent, re-served or given away.

13. Use of Type Tailors Font Software in the following circumstances and/or applications is not permitted without first obtaining the appropriate license or license upgrade:

    • installation on desktop and laptop computers
    • embedding in web domains
    • embedding in apps
    • embedding in software
    • embedding in electronic devices
    • embedding in ePub
    • digital ads use
    • server use
    • SaaS use
    • social media use
    • gaming use
    • broadcasting and streaming of audio-visual titles
    • alphabet and/or letterform-related products, intended for resale
    • letterform creation products or devices, intended for resale
    • storing, caching, serving or providing access the font software to third parties via the internet, for use or display on the internet

In order to obtain a license upgrade, you must contact Type Tailors at: sales@typeby.com for more information. If you are unsure whether your use of the Font Software is specifically permitted under this Agreement, please contact Type Tailors.

14. The License granted herein is strictly for use by the license holder (you) and on the web domain name registered on your sales invoice. You hereby understand and agree that the web domain owner must hold a web font license at all times. The License does not cover or extend to uses by third parties, including but not limited to a subsidiary, affiliate, franchisee, assignee, customer or agent, freelance or independent contractors, or temporary employees using the Font Software on other web domains, in professional environments or for other professional uses.

    If you must use the Font Software for the coding of a third-party website, you and the third-party must purchase a web font license for the use of Font Software on the required domain name, ensuring that you, your client and/or End User, is properly licensed for use of the Font Software.

15. The creation of any derivative typeface design and/or font software is expressly prohibited. Any derivative typeface design work and/or font software created which use, incorporate or is otherwise based upon the design of the Fonts or otherwise incorporates any of the Font Software, including, but not limited to, other software, EPS files, or other works, are considered derivative works and any derivative work shall be the sole and exclusive property of Type Tailors and shall be subject to the terms and conditions of this License. Derivative typeface design works and/or font software, if any and whether permitted or not, may not be sub-licensed, sold, leased, rented, lent, or given away without the express written permission of Type Tailors. Type Tailors shall not be responsible or liable for the suitability for use or accuracy of any derivative works not created and/or supplied by Type Tailors.

16. Except as may be otherwise expressly provided for herein, you expressly agree not to rent, lease, sublicense, give, lend, donate, assign, or further distribute the Font Software - fully or in part. You may not transfer your rights under this Agreement - fully or in part - to another person or entity at any time. Any transfer in violation of this provision will be null and void from inception.

17. Any breach of the terms of this Agreement shall be cause for immediate termination without the obligation of notice or opportunity to cure. In the event of termination, Type Tailors shall be entitled to seek any and all remedies, under law or equity, including injunctive relief, without the obligation of bond or other limitations. You agree to immediately discontinue using and certify that no copies remain in your possession or control.

18. Should you violate any of the provisions of this License, Type Tailors shall be entitled to reimbursement of all its costs and expenses incurred to investigate the violation and enforce its rights, including the costs of investigation, settlement, expert witnesses and reasonable attorneys’ fees, together with all additional costs incurred in the enforcing or collecting any judgment rendered. The reimbursement of such costs shall be in addition to the damages, remedies and award of costs that may be obtained by judgment under the applicable law.

19. All sales of Font Software are final. The Font Software may not be returned, exchanged, or refunded.

20. Type Tailors warrants that the Font Software will perform substantially in accordance with its documentation for ninety (90) days following delivery of the Font Software. To make a warranty claim, you must return the Font Software to the online provider you acquired it from, together with a copy of your invoice and with sufficient information regarding your acquisition of the Font Software to permit the confirmation of the effective date of this License. Type Tailors hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Type Tailors does not warrant that the operation of the font software will be uninterrupted or error-free, or that the font software is without defects. Under no circumstances shall Type Tailors be liable to you or any other party, for any damages (including but not limited to special, consequential, incidental damages, lost profits, savings or business interruption as a result of the use of the font software even if notified in advance of such possibility. You hereby agree that your entire, exclusive, and cumulative liability and remedy shall be limited to the cost of the Font Software or replacement thereof, either of each remaining at Type Tailors’s discretion. Under no circumstances shall Type Tailors’s liability to you exceed either the refunding of the cost of the Font Software or replacement of the Font Software, either of which shall be at Type Tailors’s sole discretion. The terms of this Agreement are contractual in nature.

21. You expressly agree that this Type Tailors Web font Software End User License Agreement shall be governed by the laws of the Kingdom of Belgium, as they apply to contracts wholly performed therein and without respect to its conflict of laws provisions or the conflict of laws provisions of any other jurisdiction. You expressly submit to the jurisdiction of the courts in the District of Antwerp, Belgium. You hereby expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. By downloading, accessing and or installing the Font Software, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this License Agreement.

This Agreement may only be modified in writing signed by an authorised representative of Type Tailors.

All inquiries may be sent via e-mail to hello@typeby.com. Type Tailors’s website is located at www.typeby.com.

Mobile App Font Software End User License Agreement

Please read this document carefully. We recommend that you print a copy for further reference.

This End User License Agreement (further referred to as the “Agreement”, “EULA,” “License,” “Agreement”, or “License Agreement”) is a legal agreement between you and Type Tailors BV, doing business under commercial name Type By, with a registered business address at Mechelsesteenweg 25, B-2018, Antwerp, Belgium, with a business registration number BE0894904974 (further referred to “Type Tailors”) and becomes a binding contract between you and Type Tailors BV. This Agreement governs the terms of use of the Font Software and the design of the Fonts embodied therein (collectively, “Font Software”), together with any printed materials, media and electronic documentation, updates, add-ons, artworks, web services, mobile services, and any other material that may be associated with the product now or in the future. This Agreement becomes effective (1) when you click on the area marked “I agree to all terms and conditions of the applicable license agreement(s),” or (2) if you are acquiring Font Software on a compressed archive delivered via e-mail attachment, or a delivery on a CD, DVD, or when you open the package in which the font software is contained. If you do not wish to enter into this Agreement, do not purchase, download, install, or access and use the Font Software.

1. This License is directed to use of the Type Tailors Font Software as mobile app fonts. Downloading Type Tailors Font Software for use on a desktop, laptop or workstation is controlled and only permitted under a different License. If you wish to use and/or install the Type Tailors Font Software on your desktop or personal computer or on a server for use and access by a desktop or personal computing device, you must acquire a separate license. You further agree to exercise reasonable care to avoid unauthorised distribution of the Font Software. If you cannot or do not agree to the terms of this license, do not access or use the Type Tailors Font Software.

2. The Font Software will be transmitted for your use in the OpenType-TrueType (“OTF-TTF”) format and/or such other formats as Type Tailors may determine or otherwise agree, at its discretion.

3. This non-exclusive, revocable license grants you limited rights to use the Font Software in a compiled mobile application (“app”) for iOS, Android, Windows Phone and other mobile device operating systems. Other embedding or linking uses or techniques, such as Web fonts, EPUB, are not permitted under this license and, if so desired, require the purchase of an additional license.

4. The Font Software is licensed only for use in apps, OSs, and platforms registered in your sales invoice.

5. The Font Software is licensed for new installations of the licensed apps on end users’ mobile devices in perpetuity.

6. The terms and price associated with this License are based upon the licensed number of apps and Operational Systems as registered in the Sales Invoice accompanying this EULA. If you anticipate an increase in the number of apps, or Operational Systems, you should notify Type Tailors as early as possible. You are not entitled to a refund, offset or other adjustment in the event of a reduction in the number of apps.

7. The use of the Font Software for static, dynamic or editable text is permitted. However, any use of the Fonts in editable text for the purpose of end user created designs, such as in templates, adding text to photographs or the creation of products requires the purchase of a separate license.

8. The Font Software is the exclusive property of Type Tailors. All right, title and interest in and to the Font Software, the design of the Fonts embodied therein, the copyrights, all trademarks, trade names and service marks associated therewith are the exclusive property of Type Tailors.

9. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or alter, the Font Software or the designs embodied therein. The Type Tailors Font Software and/or documentation may not be sub-licensed, sold, leased, rented, lent, re-served or given away.

10. Use of Type Tailors Font Software in the following circumstances and/or applications is not permitted without first obtaining the appropriate license or license upgrade:

    • installation on desktop and laptop computers
    • embedding in web domains
    • embedding in apps
    • embedding in software
    • embedding in electronic devices
    • embedding in ePub
    • digital ads use
    • server use
    • SaaS use
    • social media use
    • gaming use
    • broadcasting and streaming of audio-visual titles
    • alphabet and/or letterform-related products, intended for resale
    • letterform creation products or devices, intended for resale
    • storing, caching, serving or providing access the font software to third parties via the internet, for use or display on the internet

In order to obtain a license upgrade, you must contact Type Tailors at: sales@typeby.com for more information. If you are unsure whether your use of the Font Software is specifically permitted under this Agreement, please contact Type Tailors.

11. If you are using the Font Software for the creation of a third party app you or the third party must purchase appropriate licenses and ensure that your client or end user is fully licensed for use of the Font Software.

12. The creation of any derivative typeface design and/or font software is expressly prohibited. Any derivative typeface design work and/or font software created which use, incorporate or is otherwise based upon the design of the Fonts or otherwise incorporates any of the Font Software, including, but not limited to, other software, EPS files, or other works, are considered derivative works and any derivative work shall be the sole and exclusive property of Type Tailors and shall be subject to the terms and conditions of this License. Derivative typeface design works and/or font software, if any and whether permitted or not, may not be sub-licensed, sold, leased, rented, lent, or given away without the express written permission of Type Tailors. Type Tailors shall not be responsible or liable for the suitability for use or accuracy of any derivative works not created and/or supplied by Type Tailors.

13. The License granted herein is bound to the licensee (you) and the apps and Operational Systems registered in the Sales Invoice accompanying this EULA and may not be transferred, loaned, sold or assigned to third parties. All rights not expressly identified and granted herein are expressly reserved to Type Tailors.

14. The Type Tailors Font Software is protected under Belgian and international trademark and copyright law. You are required to identify Type Tailors fonts and ownership in any design or production credits.

15. Any breach of the terms of this Agreement shall be cause for immediate termination without the obligation of notice or opportunity to cure. In the event of termination, Type Tailors shall be entitled to seek any and all remedies, under law or equity, including injunctive relief, without the obligation of bond or other limitations. You agree to immediately discontinue using and certify that no copies remain in your possession or control.

16. Should you violate any of the provisions of this License, Type Tailors shall be entitled to reimbursement of all its costs and expenses incurred to investigate the violation and enforce its rights, including the costs of investigation, settlement, expert witnesses and reasonable attorneys’ fees, together with all additional costs incurred in the enforcing or collecting any judgment rendered. The reimbursement of such costs shall be in addition to the damages, remedies and award of costs that may be obtained by judgment under the applicable law.

17. All sales of Font Software are final. The Font Software may not be returned, exchanged, or refunded.

18. Type Tailors warrants that the Font Software will perform substantially in accordance with its documentation for ninety (90) days following delivery of the Font Software. To make a warranty claim, you must return the Font Software to the online provider you acquired it from, together with a copy of your invoice and with sufficient information regarding your acquisition of the Font Software to permit the confirmation of the effective date of this License. Type Tailors hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Type Tailors does not warrant that the operation of the font software will be uninterrupted or error-free, or that the font software is without defects. Under no circumstances shall Type Tailors be liable to you or any other party, for any damages (including but not limited to special, consequential, incidental damages, lost profits, savings or business interruption as a result of the use of the font software even if notified in advance of such possibility. You hereby agree that your entire, exclusive, and cumulative liability and remedy shall be limited to the cost of the Font Software or replacement thereof, either of each remaining at Type Tailors’s discretion. Under no circumstances shall Type Tailors’s liability to you exceed either the refunding of the cost of the Font Software or replacement of the Font Software, either of which shall be at Type Tailors’s sole discretion. The terms of this Agreement are contractual in nature.

19. You expressly agree that this Type Tailors Mobile App Software End User License Agreement shall be governed by the laws of Kingdom of Belgium, as they apply to contracts wholly performed therein and without respect to its conflict of laws provisions or the conflict of laws provisions of any other jurisdiction. You expressly submit to the jurisdiction of the courts in the District of Antwerp, Belgium. You hereby expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

This Agreement may only be modified in writing signed by an authorised representative of Type Tailors.

All inquiries may be sent via e-mail to hello@typeby.com. Type Tailors’s website is located at www.typeby.com.

Broadcasting End User License Agreement

Please read this document carefully. We recommend that you print a copy for further reference.

Please note that Broadcasting License does not deliver font files. For designing and incorporating the font(s) into audio-visual title(s), you need to hold a valid Desktop License, in an appropriate to your use volume tier. If you don’t already hold a Desktop License, please add it to your cart now. If you have any questions, please contact us at: sales@typeby.com.

This End User License Agreement (further referred to as the “Agreement”, “EULA,” “License,” “Agreement”, or “License Agreement”) is a legal agreement between you and Type Tailors BV, doing business under the commercial name Type By, with a registered business address at Mechelsesteenweg 25, B-2018, Antwerp, Belgium, with a business registration number BE0894904974 (further referred to “Type Tailors”) and becomes a binding contract between you and Type Tailors BV. This Agreement governs the Broadcasting and Online streaming of audiovisual title(s) – that incorporate the Fonts delivered with your standard Desktop License – according to the purchased volume tier, as shown on Your Sales Invoice. This Agreement becomes effective (1) when you click on the area marked “I agree to all terms and conditions of the applicable license agreement(s),” or (2) if you are purchasing the license via e-mail. If you do not wish to enter into this Agreement, or if you do not agree with the terms of this Agreement, partially or in full, do not purchase this license.

1. Upon payment in full, Type Tailors will grant you a non-exclusive, non-assignable, non-transferable, terminable License to broadcast/stream to the public audio-visual title(s) that incorporate the Fonts delivered to you with your Desktop License. This license governs the broadcasting/online streaming of the audio-visual title(s) in any output form, static or dynamic. There is no limit to the maximum number of views, broadcasting platforms, audience size, broadcasting territories an audio-visual title may be transmitted to the public, as long as the license volume tier purchased is adhered to. Further, you may broadcast the licensed audio-visual title(s) in perpetuity, with no further licensing costs, as long as the license volume tier purchased is adhered to.

2. Every entity – business, organisation, or consumer – that requires a Broadcasting License for broadcasting/online streaming of audio-visual title(s), must purchase a License in the name of the owner of the audio-visual titles, prior to broadcasting the title(s). If you are a design company, advertising agency, media buy agency, or consultancy, purchasing this license on behalf of a third-party, you must ensure accurate identification of the License Holder and the appropriate volume tier. The license granted herein is strictly for use by the License Holder – it does not cover or extend to uses by third parties or third-party’s own audio-visual titles, including but not limited to subsidiaries, affiliates, franchisees, assignees, customers or agents, freelance or independent contractors. Under the circumstances when a greater number of licenses is required, you, and/or the ultimate End User are required to purchase additional licenses, appropriate for the additional needs.

3. In this Agreement, “audio-visual title” or “audio-visual titles”, shall mean, for example only, not limitation, any form of broadcast media, including but not limited to – film, television, video advertisement, bumper ad, podcast, animation – that incorporates the Font Software in its titles, subtitles, and/or other graphic elements, which is then broadcasted to the public via your own platform, third-party broadcasting/online streaming providers, or other visual means.

4. Further, in this Agreement, “third-party broadcasting/online streaming providers” shall mean, for example only, not limitation, any providers enabling you to broadcast to the public your audio-visual title(s) via, including but not limited to: movie theatre, television, cable tv, online tv, online streaming platforms, or other visual means.

5. In this Agreement, “Font”, “Fonts” or “Font Software” have identical meanings. They are defined as the typeface designs of the Fonts and the Font Software identified on Your Sales Invoice that, when used, generates typeface and typographic designs, symbols, and ornaments.

6. Type Tailors, including its successors and its assigns, do retain all right, title and interest in and to the Font Software incorporated into the audiovisual title(s), together with the design of the Font embodied therein together with any trademarks used in connection therewith. You agree that the unauthorised broadcasting/streaming of the audiovisual title(s) that include the Font and/or the Font Software, represents an infringement of Type Tailors’s exclusive rights causing significant monetary harm. You also agree that such damages cannot be readily estimated and Type Tailors shall be entitled to seek a restraining order to prevent any unauthorised uses. In the event of infringement, Type Tailors’s rights and remedies shall be cumulative.

7. The design of the Font, the Font Software and any trademarks associated therewith are the exclusive property of Type Tailors BVBA and are protected by the copyright and other intellectual property law of the Kingdom of Belgium, as well as by the international copyright and design laws and international treaties.

8. Use of Type Tailors Font Software in the following circumstances and/or applications is not permitted without first obtaining the appropriate license or license upgrade:

   • installation on desktop and laptop computers
   • embedding in web domains
   • embedding in apps
   • embedding in software
   • embedding in electronic devices
   • embedding in ePub
   • digital ads use
   • server use
   • SaaS use
   • social media use
   • gaming use
   • broadcasting and streaming of audio-visual titles
   • alphabet and/or letterform-related products, intended for resale
   • letterform creation products or devices, intended for resale
   • storing, caching, serving or providing access the font software to third parties via the internet, for use or display on the internet

In order to obtain a license upgrade, you must contact Type Tailors at: sales@typeby.com for more information. If you are unsure whether your use of the Font Software is specifically permitted under this Agreement, please contact Type Tailors.

9. You may not transfer your rights under this Agreement - fully or in part - to another person or entity (including but not limited to: ) at any time. Any transfer in violation of this provision will be null and void from inception.

10. All sales are final. The License may not be returned, exchanged, or refunded.

11. Type Tailors hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Type Tailors be liable to you or any other party, for any damages (including but not limited to special, consequential, incidental damages, lost profits, savings or business interruption as a result of the use of the font software in audiovisual titles, even if notified in advance of such possibility. You hereby agree that your entire, exclusive, and cumulative liability and remedy shall be limited to the cost of the License, at Type Tailors’s sole discretion. The terms of this Agreement are contractual in nature.

12. Consumers only: Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, special damages, or implied warranties. Any implied warranty or other right created by law is only effective for the shortest warranty period allowed by law. No warranties or conditions of any kind apply thereafter. In the alternative and to the extent permissible by law, you agree that all implied warranties are not to be effective for more than thirty (30) days.

13. You expressly agree that this Agreement shall be governed by the laws of the Kingdom of Belgium, as they apply to contracts wholly performed therein and without respect to its conflict of laws provisions or the conflict of laws provisions of any other jurisdiction. You expressly accept the jurisdiction of the courts in the District of Antwerp, Belgium. You hereby also expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

14. This Agreement may, at Type Tailors’s sole discretion, be enforced by an authorised agent acting on its behalf.

15. To the extent that any law, statute, treaty, or governmental regulation shall be deemed by a court of competent jurisdiction to provide you with additional or different rights from those provided herein. Such rights are determined to be deemed non-waivable as a matter of law and to supersede the rights or any limitations specifically provided herein. Then such law, statute, treaty, or governmental regulation shall be deemed to be made a part of the Agreement. To the extent that any such rights created by any law, statute, treaty, or governmental regulation are waivable, you agree that your acceptance of the Agreement shall constitute an effective and irrevocable waiver of any such right.

16. You acknowledge that you have read this agreement and understand it and that by incorporating the Font Software in audiovisual title(s), you will be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Type Tailors and you which supersedes any proposal or prior agreement, oral or written as well as any other communications relating to the subject matter of this Agreement. No variation of the terms of this Agreement or any different terms will be enforceable against Type Tailors in the absence of an express written amendment or consent, including a written express waiver of the affected terms of this Agreement. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by Type Tailors with a provision that affects the intent of the invalid provision.

17. Type Tailors expressly reserves the right to amend or modify this License Agreement at any time and without prior notification, to the extent permitted by law.

18. In the event you or any authorised user breaches the terms set forth herein, this Agreement shall automatically terminate. Notwithstanding any termination of this License, Type Tailors expressly reserves any and all other remedies under equity or law.

19. Should you violate any of the provisions of this License, Type Tailors shall be entitled to reimbursement of all its costs and expenses incurred to investigate the violation and enforce its rights, including the costs of investigation, settlement, expert witnesses and reasonable attorneys’ fees, together with all additional costs incurred in the enforcing or collecting any judgment rendered. The reimbursement of such costs to Type Tailors shall be in addition to the damages, remedies, and award of costs that may be obtained by judgment under the applicable law.


The Agreement may only be modified in writing, signed by an authorised representative of Type Tailors.

All inquiries may be sent via e-mail to hello@typeby.com. Type Tailors’s website is located at www.typeby.com.

Information about Additional Licenses

Next to the three standard - Desktop, Web, and Mobile App - licenses available for purchase online, TYPE BY offers additional license types covering the following uses:

— digital ads (HTML5 embedding, banners, DOOH)
— embedding in electronic publications
— embedding in web applications
— embedding in software
— embedding in electronic devices
— gaming
— broadcasting and streaming of audio-visual titles
— social media
— retail, merchandise
— alphabet and/or letterform-related products, intended for commercial distribution
— letterform creation products or devices, intended for commercial distribution
— desktop license (limited), intended for service bureaus
— web license (limited), intended for web developers
— app license (limited), intended for app developers\ — storing, caching, serving or providing access to the font software to third parties via the internet, for use or display on the internet.

All additional license types require customisation to meet your specific needs and therefore are only available by request through our customer service.

As technology evolves and new applications emerge, your intended use of TYPE BY Font Software might not yet be listed above. Contact us to clarify your licensing needs or upgrade your current license.

Information about Corporate License Packs and Custom Licenses

TYPE BY offers its clients a variety of Corporate License packs, as well as Custom Licenses. With over 30 years in typeface design and development business and 20 years of Font Software distribution, we are attuned to the most demanding clients’ needs and offer a stellar customer service. That’s why our typeface designs and Font Software can be found in world’s finest design and industrial applications. Contact us to discuss your licensing needs.

Desktop Font Software End User Licence Agreement - Authorised Developer to Sodexo

Please read this document carefully before agreeing to be bound. We recommend that You print a copy for further reference. Additionally, please read our Privacy Policy for more information on how TYPE TAILORS treats Your data. The Privacy Policy covers the Licence Agreements of TYPE TAILORS.

1. Definitions
2. Binding Agreement
3. Granted Licence
4. Duration of Agreement
5. Permitted Uses and Restrictions
6. Transfer of the Font Software
7. Intellectual and Industrial Property Rights
8. Limited Warranty
9. Indemnification
10. Termination
11. Choice of law
12. Amendments to the Licence Agreement
13. Contact

This Font Software End User Licence Agreement (further referred to as the “Agreement”, “EULA”, “Licence”, or “Licence Agreement”) becomes a binding legal agreement between You You – the authorized Supplier to Sodexo SA – and Type Tailors BVBA, doing business under the commercial name TYPE BY, with a registered business address at Mechelsesteenweg 25, B-2018, Antwerp, Belgium, with a business registration number BE0894904974 (further referred to “Type Tailors” (A) when You click on the area marked “I agree to all terms and conditions of the applicable Licence Agreement(s)” or similar language or when You accept the Agreement by other means (for instance referring to the Agreement in a purchase order, a confirmation email, via a download link, or email attachment, etc.) or, (B) ) if You are purchasing / obtaining the Font Software on a CD-ROM, DVD or other storage media when You open the package in which the Font Software is contained. If You do not wish to be bound by the Agreement, or if You cannot, or do not agree to the terms of this Agreement, do not purchase, access, download, install, or use the Font Software.

You hereby agree to the following:

1. Definitions:

   “Font”, “Fonts”, “Font Software” have identical meanings in this Agreement. They mean the designs of the Fonts, including but not limited to alphanumeric glyphs, symbols, ideographs, dingbats or other art forms; the software identified on Your Sales Invoice, and/or instructions which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Font Software shall include all bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. Font Software includes upgrades or updates (each of which may be provided to You by TYPE TAILORS in its sole discretion), related files, permitted modifications, permitted copies, and related documentation.

   “Broadcast”, “Broadcasting” means any visual transmission of information, promotional, non-fiction, entertainment audiovisual content via television, internet, film or other audiovisual media.

   “Broadcast Media” means any audiovisual content – non-fiction or entertainment – including but not limited to advertising content in the form of videos/short films/television commercials (TVCs) or similar format marketing communications relating to Your organization, product, or service You own or provide, or are legally entitled to market or sell, intended for unpaid promotion or paid advertising placement.

   “Commercial Product” means an electronic document or data file created by Use of the Font Software, which is offered for distribution to the public at large (or to some subset of the general public) as a commercial product or other result of Your business activity.

   “Derivative Work” means binary data based upon or derived from Font Software (or any portion of Font Software) in any form in which such binary data may be recast, transformed, or adapted, including, but not limited to, binary data in any format into which Font Software may be converted.

   “ePub” EPUB means an electronic publication that might use the “.pdf” or ".epub" file extensions. An EPUB Publication consists of one or more Renditions of its content. “Internal Business Use or Personal Use” shall mean Use of the Font Software for Your customary, internal business purposes or personal use, and, except as may be otherwise permitted herein, shall not mean the commercial distribution or use of Font Software or any component thereof in any Commercial Product whatsoever.

   “SaaS” SaaS means “Software-as-a-Service”, a model of software deployment whereby a provider licenses an application to customers for use as a service on demand. “Sales Invoice” means the electronic document You receive as confirmation of the Fonts purchased. The Sales Invoice identifies, amongst others: the Licensor, the Licensee, the licensed Font Software, and the licensed Volume tier.

   “TYPE TAILORS” means collectively TYPE TAILORS BVBA – doing business under the commercial name TYPE BY, its successors and assigns, its parent and affiliated corporations, its authorised distributors, and any third party that has licensed to TYPE TAILORS any or all of the components of the Font Software supplied to You according to the Agreement. “TYPE TAILORS” and “TYPE BY” are trademarks of TYPE TAILORS BVBA. All other trademarks are the property of their respective owners.

   “Third-party End User” is defined as an authorised person, who installs and uses the Font Software according to the terms of the font Licence purchased by You on behalf of, and for use by, a third-party End User (for example, not limitation: a third-party End User might be Your customer.) The third-party End User installs and uses the Font Software on one or multiple devices owned by the entity registered on the Sales Invoice for the purposes of work related to the End User’s business.

   “Use”, “Using” The “Use” of the licensed Font Software shall occur when a user is able to give commands (whether by keyboard or otherwise) that are followed by the licensed Font Software, regardless of the location in which the Font Software resides. “Use” of the Font Software shall also occur when the software or instructions are executed.

   “User” is defined as an authorised person who installs and uses the Font Software according to the terms of the font Licence purchased by the End User customer. The User installs and uses the Font Software on one or multiple devices owned by the entity registered on the Sales Invoice for the purposes of work related to the End User’s business.

   “Volume Tier”, “Licence Volume Tier”
   have identical meanings in this Agreement and means the number of workstations/computers licensed by You (and identified on Your Sales Invoice) for installing and using the Font Software on. If You intend to use the Font Software on more equipment than permitted by Your current Volume Tier, You must purchase a Licence for a higher Volume Tier, for an additional fee, prior to using the Font Software.

   “Workstation”, “Computer”, “Computing Device” have identical meanings in this Agreement. They are defined as and refer to a hardware component in which an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software or implement the Font Software, regardless of the location in which the Font Software resides.

   “You”, “Your”, “End User” have identical meanings in this Agreement and are defined as, and refer to, the customer (person, company, or organisation) who has purchased a Licence to install and use the Font Software for the purposes of work related to Your business. An End User is not defined as a distributor, reseller, dealer, sub-licensee, original equipment manufacturer (“OEM”), wholesale buyer, or any similar entity. TYPE TAILORS Font Software and products may not be distributed and/or sold to third parties without prior written consent from TYPE TAILORS. Failure to comply with these terms will represent a breach of the Agreement.

   “Sodexo” is defined as and refers to the customer Sodexo SA, with a registered office at 255 Quai de Stalingrad, 92130 Issy-les-Moulineaux, France, and enterprise number 301 940 219 (Company and Trade register of Nanterre), registered under French laws, represented by its authorized representative, duly authorized to sign this Agreement, acting for Sodexo SA as well as any and all Sodexo Group Companies.

   “Supplier”, “You”, “Your”, “Supplier”, “Developer”, and the “Licensee” have identical meanings in this Agreement and are defined as, and refer to, the suppler to Sodexo, who, under the terms of this Licence Agreement and upon authorisation by Sodexo and Type Tailors BVBA, will be granted a temporary, limited, revocable Developer Desktop Licence to install the Font Software on its computers and use the Font Software for creation and development of designs and documents intended for and in benefit of Sodexo.

2. Binding Agreement.

   You are bound by the Agreement, and You acknowledge that all Use of the Font Software supplied to You by Type Tailors is governed by the Agreement.

3. Granted Licence.

   You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) Licence to access the Font Software:

   1. only in a licensed Licence type (Desktop),
   2. only in a licensed Volume tier (for example: 1-5 computers),
   3. only for Your Internal Business Use for creation of designs and documents intended for and in benefit of Sodexo,
   4. only subject to all of the terms and conditions of the Agreement.

   Every entity – business, organisation, or consumer – that requires access to Font Software must purchase a Licence in its own name prior to using the Font Software. The Licence granted herein is strictly for use by the licensee – it does not cover or extend to uses by third parties, including but not limited to a subsidiary, affiliate, franchisee, assignee, customer or agent, freelance or independent contractors, or temporary employees using the Font Software in professional environments or for other professional uses.

   If You are a design company, advertising agency, or consultancy working for multiple other third-parties (Customers) other than Sodexo and You require access to the Font Software for creating designs and/or documents for those third parties, You must purchase a full commercial Licence in Your own name and appropriate for the intended by You use of the Font Software.

   If You have been mandated to purchase a Licence for use by or on behalf of a third-party End User other than Sodexo, You must ensure the Sales Invoice duly identifies the ultimate third-party End User and that the Licence type and Volume Tier is appropriate for the intended use of the Font Software by the third-party End User. It is Your responsibility to ensure the third-party End User receives a copy of this Agreement and is made aware of the obligation to abide by its terms. By purchasing a Licence for use by or on behalf of a third-party End User, You are acting solely as a Billing party and do not acquire any rights to use the Font Software. If, when purchasing a Licence for third-parties, You also require access to the Font Software, You must hold a valid Licence in Your own name or, in the absence thereof, purchase an appropriate Licence for Your own use and in Your own name. Failure to comply with these terms will represent a breach of the Agreement.

4. Duration of Agreement.

   This Agreement and/or its terms are perpetually valid for the duration of Your contractually defined work for Sodexo. As long as Your use of Font Software remains within the limits of the acquired Volume Tier, the Licence type has remained unchanged, and all terms of this Agreement are adhered to, You may use the Fonts in perpetuity with no further licensing costs, for the duration of Your valid status of supplier to Sodexo.

5. Permitted Uses and Restrictions.

   Installation.
   The Fonts may be installed on the number of computers identified on Your Sales Invoice. By way of example, not limitation, purchasing a 1-5 Computer Licence allows for the installation of the Font Software on up to five (5) Computers owned by the Licensee. It is Your responsibility to ensure all Users of Font Software within Your organisation or household understand and abide by the terms of this Licence Agreement. Any breach of this Agreement by users within Your company/organisation/household will be deemed a breach by You. You must ensure that former Users, such as former employees or decommissioned devices, cease to use the Font Software by deleting the Font Software from those devices and/or electronic storage linked to the former User/s, including email communications.

   Use of the Font Software in more than one geographic location is permitted, provided that each geographic location, computing device or potential computing device is licensed. You are not entitled to a refund, offset or other adjustments in the event of a reduction in the number of computing devices or a reduction of the number of geographic locations.

   If Your organisation requires a higher Volume Tier, a Licence upgrade must be obtained from TYPE TAILORS accordingly as to reflect this Volume increase. Uploading the Font Software to Your Adobe Creative Cloud account for serving multiple computing devices is allowed, provided You first ensure the total number of computing devices - physical as well as those linked to Your Adobe Creative Cloud - do correspond with the maximum number of computing devices registered on Your Sales Invoice. Under the circumstances when Your total number of devices - physical and Adobe Creative Cloud - is expected to be higher than Your Licence allows, You are required to obtain additional licences or a licence upgrade appropriate for Your higher usage. You agree that the installation of Font Software on a greater total number of computing devices than the maximum number Your Licence allows - including, but not limited to, the installation of Font Software on Your computing devices via Adobe Creative Cloud - represents an unauthorised use of the Font Software and represents a breach of this Licence Agreement. The Font Software may not be stored or used in any manner that makes it accessible to the public or non-licensed or unauthorised third parties, such as GitHub or similar platforms.

   Font Formats.
   The Font Software will be transmitted for Your use in the Opentype (“OTF”) and/or TrueType (“TTF”) formats. The Licence Agreement grants You rights of use to the Font Formats delivered with Your order only and does not extend to any other - legacy or yet-to-be-invented - formats.

   Specific legacy formats may be available for production and licensing on request as a paid service, subject to studio availability. Should You opt to license additional font formats, they will be governed by another Licence Agreement or an addendum to this Agreement.

   Should new font formats be invented, developed, or emerge in the future, they will be governed by another Licence Agreement. Should You require those new font formats, You must license them additionally.

   Embedding Font Software and Representations of Typeface and Typographic Designs and Ornaments Except as may be otherwise prohibited herein, You are permitted to electronically distribute an “Internal Sodexo Business Use” document (that is, a document other than a Commercial Product as defined above) that is: i) in a static graphic image (for example, a “gif”) or in an embedded electronic document, and ii) which is distributed in a format that permits only the viewing and printing (and not the editing, altering, enhancing, modifying or extraction of the Font Software) of such static graphic image or an embedded document.

   You may not embed static graphic images into an electronic document (for example, a “gif”) with a representation of a typeface and typographic design or ornament created with the Font Software if such images are used as a replacement for Font Software, i.e. as long as the representations do correspond to individual glyphs of the Font Software and may be individually addressed by the document to render such designs and ornaments.

   Authorised Use.
   Authorised uses of the Font Software include the creation of designs and documents exclusively commissioned by Sodexo and for Sodexo’s use: newspapers, booklets, brochures, books, and magazines; print advertising; layouts for vinyl or printed signage; billboards, posters, banners; logos and logotypes; corporate branding and annual reports; layouts for billboards and digital screens (non-interactive, non-embedding); presentations (Keynote / Powerpoint); layouts of audiovisual material (no Broadcasting).

   Under the terms of this Developer Licence, You are also not allowed to publish and post social media content that uses the Font Software. If You require publishing content on social media, solely on the social media accounts owned by the You, on social media platforms, such as, by way of example, not limitation: LinkedIn, FB, IG, X (Twitter), etc., You must hold a full commercial Desktop Licence with Social media Addendum, or in the absence thereof, purchase such a Licence in Your own name and for the appropriate to You use.

   Under the terms of this Licence, You are allowed to embed the Font Software in Sodexo ePub publications, solely published by Sodexo. The embedding of the Font Software must be carried out in a secure manner, under non-editable and non-installable settings, preventing any unauthorized and/or third-party access to the Font Software.

   Under the terms of this Licence, You are also allowed to upload and use the Font Software in SaaS, such as Canva/Figma or SaaS reporting tools, under the condition that these SaaS services are contracted by Sodexo, for Sodexo’s internal business use. The upload, storage, and deployment of the Font Software to Sodexo SaaS must be carried out in a secure manner, preventing any unauthorized and/or third-party access to the Font Software. Using the Font Software in SaaS for third-party use other than Sodexo, and/or in third-party SaaS accounts other than Sodexo, is expressly prohibited.

   Under the terms of this Licence, You are not allowed to publish, broadcast, and stream audiovisual content/broadcasting media, that uses the Font Software on online channels, TV networks, streaming services and platforms, etc, such as, by way of example, not limitation: Youtube, Vimeo, LinkedIn, tiktok, IG TV, FB TV, X (Twitter), Snapchat, etc. If You require to Broadcast audiovisual material that uses Font Software, You must hold a full commercial Broadcasting Licence in Your own name, or in the absence thereof purchase a Broadcasting Licence in Your own name and required volume.

   Embedding the Font Software in Digital Ads, Mobile Apps, Websites, Web Apps, Gaming, OEM hardware and software is not allowed under the terms of this Developer Desktop Licence. If You require the Font Software for the above use, please contact TYPE TAILORS to secure appropriate licensing.

   Copies.
   You may make two (2) backup copies of Font Software for archival purposes only, and You agree to retain exclusive custody and control over any such copy and take all reasonable steps to prevent any third-party access to these copies. If You discover or are made aware of any unauthorised access and/or use of the backup copies by an unlicensed third party, You agree to inform TYPE TAILORS as soon as possible. Backup copies must contain the same naming, formats, subsets, documentation, copyright, trademark, and other proprietary notices that appear on, in or with the initially licensed Font Software. Upon termination of the Agreement, You must destroy the original and any and all copies of the Font Software.

   Uploading the Font Software or Font Software copies to GitHub repositories or similar is expressly prohibited and represents unauthorised sharing and distribution of the Font Software. The unauthorised sharing, distribution, assignment, sub-licensing, lending, renting, sale and resale, or other unauthorised use or misuse of the backup copy, represents a material breach of this Agreement and will result in the immediate termination of this Licence. You will indemnify TYPE TAILORS for all costs, damages, or losses incurred as a result of Your failure to comply with this clause.

   Web Fonts, @font-face and Font Linking.
   Using TYPE TAILORS Font Software with the CSS rule @font-face, Cufòn, or other forms of font linking, regardless of format, are strictly prohibited under this Agreement. If You require to use the Font Software as Web fonts, You must hold a valid Licence in Your own name or in the absence thereof, purchase a separate Web Font Licence and accompanying software for this purpose.

   Apps, Games, Hardware, and Software.
   Under this Licence, You may not embed, include, call, serve, or link the Font Software within hardware and software, partially or in full, under any technical mechanism or in any form whatsoever, in: video games, server-side applications, creation of online documents or services, creation of editable/customisable online documents and services, mobile Apps, kiosks, POS terminals, and OEM products or software. If You wish to use the Fonts for such purposes, contact TYPE TAILORS to secure an appropriate Licensing.

   Server Use.
   Under the terms of this Licence, the Font Software may only be installed or Used on an internal or external (i.e., internet-accessed) server after You have secured appropriate licensing for all Workstations/computers that are able to access such a server.

   The use of Font Software on Publishing Servers is controlled and not permitted under this Licence. If You wish to use the Fonts on Publishing Servers, a separate Licence and accompanying software are available from TYPE TAILORS for this purpose.

   Commercial Printers & Service Bureaus.
   You are advised to provide Your layout to a commercial printer and/or service bureau in an electronic document with embedded Font Software for print and view only. Should You opt to deliver Your layout for print in a document that requires the Font Software, You or the Printer, or Service Bureau must purchase a limited DTP licence available for this purpose from TYPE TAILORS. If You require the Font Software for use in these circumstances, please contact TYPE TAILORS to secure appropriate licensing.

   Restriction of Alphabet Products.
   This Licence expressly prohibits the use of the Fonts in the creation of alphabet products such as, but not limited to, house numbers, stamp sets, rub-on letters, keyring letters, adhesive alphabet letters, alphabet punch- and die sets, or other methods and/or techniques of use in manufacturing such products. If You wish to use the Fonts for such purposes, contact TYPE TAILORS to make appropriate licensing arrangements.

   Protection.
   You agree to use reasonable measures to protect the Fonts from access and use by unlicensed or unauthorised third parties. You agree not to facilitate or transmit any electronic document to any parties that intend to edit, alter, enhance, modify, “hack”, or otherwise remove the Font Software. If You detect or become aware of any unauthorised access and/or use by an unlicensed or unauthorised third party, You agree to notify TYPE TAILORS as soon as is possible.

   The Font Software may not be used to create or distribute any electronic document in which the Font Software, or any part thereof, is embedded in a format that permits editing, alterations, enhancements, or modifications or extraction of the Font Software by the recipient.

   Modifications.
   You are allowed to create outline artworks based upon the Font Software for Sodexo’s Business Use. This Licence expressly prohibits the use of any program and/or software designed to or facilitating font-creation or font-manipulation. You may not attempt to, or alter, amend, or modify the Font Software and the designs embodied therein in any possible way, including but not limited to the purpose of creating derivative and/or substitute versions of the Font Software. You are expressly prohibited from modifying, adapting, translating, reverse engineering, decompiling, disassembling, altering, or otherwise attempting to discover the source code of the Font Software and/or the designs embodied therein. You hereby agree not to commission, assign, or authorise – directly or indirectly – any third party to undertake modifications to the Font Software.

   Creating, generating, or converting the Font Software into additional or other formats or into files intended for use in other operating systems is expressly prohibited. Any alterations or amendments to the naming and/or embedding bits characteristics of the Font Software is expressly prohibited.

   Subsetting.
   You are not allowed to perform character set subsetting. Customised subsetted variants of the Font Software may only be created by TYPE TAILORS on request, as a service, subject to studio availability.

   Controlled use.
   Use of TYPE TAILORS Font Software in the following circumstances and/or applications is not permitted without first obtaining the appropriate Licence or Licence upgrade:

   • installation on desktop and laptop computing devices
   • use on websites
   • use in digital Ads
   • embedding in apps
   • embedding in software
   • embedding in electronic devices
   • embedding in ePub
   • server use
   • SaaS use
   • social media use
   • gaming use
   • broadcasting and streaming of audio-visual titles
   • use in retail and merchandise
   • alphabet and/or letterform-related products intended for resale
   • letterform creation products or devices intended for resale
   • desktop Licence (limited), intended for service bureaus
   • web Licence (limited), intended for web developers
   • storing, caching, providing access or serving the font software to third parties via the internet for use or display on the internet

   In order to obtain a Licence upgrade, You must contact Type Tailors at: sales@typeby.com for more information. If You are unsure whether Your use of the Font Software is specifically permitted under this Agreement, please contact Type Tailors.

6. Transfer of the Font Software.

   You may not transfer Your rights and obligations under this Agreement to any entity or person (the ‘Transferee’), wholly or in part, at any time, except as expressly provided herein. You expressly agree not to sell, sub-license, re-serve, rent, lease, give away, lend, donate, or further distribute the Font Software and/or its documentation - wholly or in part. Any transfer violating this provision will be null and void from inception.

   You may only transfer all Your rights to use the Web Font Software to another legal entity provided that: i) the transferee has acquired or merged with Your entity and has become an authorized supplier of Sodexo, and ii) accepts and agrees to be bound by all the terms and conditions of the Agreement, and iii) You remove and discard all copies of the Font Software, including all copies stored in the memory of a hardware device, or cloud copy. In the event Your legal entity is to merge or is to be acquired by another legal entity that will become an authorized Sodexo supplier requiring access to the Font Software, You/the transferee must notify TYPE TAILORS in no less than 10 business days before the transaction. The new entity/Licensee will then be required to acknowledge in writing the required Web domains, the Licence Volume tier, and then sign an addendum to the Agreement to complete the Licence Transfer.

   Should the new entity anticipate and/or require a larger use, and higher Volume Tier than the Tier bound to the original Agreement, or use for own Business use as well as use for third-parties other than Sodexo, TYPE TAILORS will require the new entity to pay any related increase in the Licence fee and sign an addendum to the existing Agreement as to confirm the Licence Transfer.

   The Licence Transfer due to Merger & Acquisition is only deemed completed if a Licence Transfer addendum has been duly signed by the Licensor and the new Licensee. Failure to timely notify TYPE TAILORS about the impending Merger & Acquisition transaction, as well as failure to timely pay the increased Licence Fee – if so required, as well as failure to complete all the steps of the Licence Transfer within the terms herein will represent a breach of the Agreement.

   If You are a professional, business or organisation, You agree that in case of reasonable doubt concerning the proper Use of the Font Software within Your business or organisation, upon request from TYPE TAILORS or its authorised representative, You will, within thirty (30) days, fully document and certify that Use of any and all TYPE TAILORS Font Software at the time of the request is in conformity with Your valid licences from TYPE TAILORS.

7. Intellectual and Industrial Property Rights.

   You agree that the Font Software is protected by the copyright law and other intellectual and industrial property rights of the Kingdom of Belgium, by the copyright law and other intellectual and industrial property rights of other countries, and by international treaties. You agree to not copy the Font Software except as expressly provided herein. You agree not to adapt, modify, alter, translate, convert, or otherwise change the Font Software or to create Derivative Works from Font Software or any portion thereof. You further agree not to use Font Software in connection with software and/or hardware which create Derivative Works of such Font Software.

   You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or instructions of the Font Software, provided, however, that if You are located in a European Community member country or any other country which provides rights materially similar to the rights set forth in this provision, You may reverse engineer or decompile the Font Software only to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purpose and only to the extent that sufficient information or replacement font software is not provided in a timely manner free of charge by TYPE BY upon written request). You agree that TYPE TAILORS owns all rights, title and interest in and to the Font Software, its structure, organisation, code, and related files, including all intellectual and industrial property rights therein, such as copyright, design and trademark rights. You agree that the Font Software, its structure, organisation, code, and related files are the property of TYPE TAILORS and that any Use of the Font Software not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights.

   You agree to use trademarks associated with the Font Software according to accepted trademark practice, including identification of the trademark owner’s name. Trademarks can only be used to identify printed output produced by the Font Software. The use of any trademark as herein authorised does not give You any rights of ownership in that trademark, and all use of any trademark shall inure to the sole benefit of TYPE TAILORS. You may not change any trademark or trade name designation for the Font Software.

8. Limited Warranty.

   TYPE TAILORS warrants to You that the Font Software will perform substantially in accordance with its documentation for thirty (30) days following delivery of the Font Software. To make a warranty claim, You must, within the thirty (30) day warranty period, notify TYPE TAILORS in writing, together with a copy of Your Sales Invoice and sufficient information regarding Your acquisition of the Font Software to permit the confirmation of the effective date of this Licence.

   TYPE TAILORS and its suppliers do not and cannot warrant the performance or results You may obtain by using the Fonts. It is Your responsibility to ensure that the Fonts are fit for Your purpose. TYPE TAILORS hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. TYPE TAILORS does not warrant that the operation of the font software will be uninterrupted or error-free or that the font software is without defects. Under no circumstances shall TYPE TAILORS be liable to You or any other party for any damages (including but not limited to special, consequential, incidental damages, lost profits, savings or business interruption as a result of the use of the font software, even if notified in advance of such possibility. You hereby agree that Your entire, exclusive, and cumulative liability and remedy shall be limited to the cost of the Font Software or replacement thereof, either of each remaining at TYPE TAILORS’s discretion. Under no circumstances shall TYPE TAILORS’s liability to You exceed either the refunding of the cost of the Font Software or replacement of the Font Software, either of which shall be at TYPE TAILORS’s sole discretion.

   Consumers only: Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, special damages, or implied warranties. Any implied warranty or other right created by law is only effective for the shortest warranty period allowed by law. No warranties or conditions of any kind apply thereafter. In the alternative and to the extent permissible by law, You agree that all implied warranties are not to be effective for more than thirty (30) days.

   All sales of Font Software are final. The Font Software may not be returned, exchanged, or refunded.

9. Indemnification.

   You expressly acknowledge and agree that should You violate any of the terms of this Agreement, TYPE TAILORS shall be entitled to reimbursement of all its costs and expenses incurred to investigate the violation and enforce its rights, including the costs of investigation, settlement, expert witnesses and reasonable attorneys’ fees, together with all additional costs incurred in the enforcing or collecting any judgment rendered. The reimbursement of such costs shall be in addition to the damages, remedies and award of costs that may be obtained by judgment under the applicable law.

   You further expressly acknowledge and agree to indemnify and hold harmless TYPE TAILORS, their officers, directors, employees and/or agents against any and all costs, expenses, liabilities, injuries, losses, damages, claims, demands and judgments that arise as a result of any unauthorised use by You of the Font Software and Your breach of this Agreement. This indemnification obligation survives termination of this Agreement.

10. Termination.

    In the event You (or any authorised person within Your company or organization, to whom You have given permission to Use the Font Software) fail to comply with the terms set forth herein, this Agreement shall automatically terminate without the obligation of notice or opportunity to cure. Notwithstanding any termination of this Agreement, TYPE TAILORS expressly reserves any and all other remedies under equity or law, including injunctive relief, without the obligation of bond or other limitations. Should Your Agreement be terminated, upon receiving a notice by regular mail, telefax and/or email, You agree to immediately discontinue using the Font Software and certify that no copies remain in Your possession or control.

11. Choice of law.

    You expressly agree that this TYPE TAILORS Font Software End User Licence Agreement shall be governed by the laws of the Kingdom of Belgium, as they apply to contracts wholly performed therein and without respect to its conflict of laws provisions or the conflict of laws provisions of any other jurisdiction. You expressly submit to the jurisdiction of the courts in the District chosen by TYPE TAILORS. You hereby expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

12. Amendments to the Licence Agreement.

    TYPE TAILORS expressly reserves the right to amend or modify this Licence Agreement at any time and without prior notification to the extent permitted by law. By way of example, not limitation, such modifications may reflect changed or new Volume Tiers and/or changes in technology that would otherwise impair or render obsolete provisions in this Agreement. The Agreement may only be amended in writing, signed by an authorised representative of TYPE TAILORS and will be made available at typeby.com. Should You not agree to the modified terms yet choose to continue to use the Font Software, Your actions will breach the Agreement. This Agreement may, at TYPE TAILORS’s sole discretion, be enforced by an authorised agent acting on its behalf.

    You acknowledge and agree that this is the complete and exclusive statement of the Agreement between TYPE TAILORS and You, which supersedes any proposal or prior Agreement, oral or written, as well as any other communications relating to the subject matter of this Agreement. No variation of the terms of this Agreement or any different terms will be enforceable against TYPE TAILORS in the absence of an express written amendment or consent, including a written express waiver of the affected terms of this Agreement.

    If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by TYPE TAILORS with a provision that affects the intent of the invalid provision.

13. Contact.

    All inquiries may be sent via e-mail to hello@typeby.com. Type Tailors’s website is located at www.typeby.com.

Webfont Software End User License Agreement – Authorised Developer to SODEXO

Please read this document carefully before agreeing to be bound. We recommend that You print a copy for further reference. Additionally, please read our Privacy Policy for more information on how TYPE TAILORS treats Your data. The Privacy Policy covers the Licence Agreements of TYPE TAILORS.

1. Definitions
2. Binding Agreement
3. Granted Licence
4. Duration of Agreement
5. Permitted Uses and Restrictions
6. Transfer of the Font Software
7. Intellectual and Industrial Property Rights
8. Limited Warranty
9. Indemnification
10. Termination
11. Choice of law
12. Amendments to the Licence Agreement
13. Contact

This Font Software End User Licence Agreement (further referred to as the “Agreement”, “EULA”, “Licence”, or “Licence Agreement”) becomes a binding legal agreement between You – the authorized Supplier to Sodexo SA – and Type Tailors BVBA, doing business under the commercial name TYPE BY, with a registered business address at Mechelsesteenweg 25, B-2018, Antwerp, Belgium, with a business registration number BE0894904974 (further referred to “Type Tailors” (A) when You click on the area marked “I agree to all terms and conditions of the applicable Licence agreement(s)” or similar language or when You accept the Agreement by other means (for instance referring to the Agreement in a purchase order, a confirmation email, via a download link, or email attachment, etc.) or, (B) if You are purchasing / obtaining the Font Software on a CD-ROM, DVD or other storage media when You open the package in which the Font Software is contained. If You do not wish to be bound by the Agreement, or if You cannot, or do not agree to the terms of this Agreement, do not purchase, access, download, install, or use the Font Software.

You hereby agree to the following:

1. Definitions:

   “Font”, “Fonts”, “Font Software” have identical meanings in this Agreement. They mean the designs of the Fonts, including but not limited to alphanumeric glyphs, symbols, ideographs, dingbats or other art forms; the software identified on Your Sales Invoice, and/or instructions which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Font Software shall include all bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. Font Software includes upgrades or updates (each of which may be provided to You by TYPE TAILORS in its sole discretion), related files, permitted modifications, permitted copies, and related documentation.

   “Commercial Product” means anything other than web pages of Sodexo Web Domain or Sodexo Test Web Domain, created by Use of the Font Software, which is offered for distribution to the general public (or to some subset of the general public) in exchange for a separate fee or other consideration.

   “Application” means any software program which allows a Web site visitor to Use or access the licensed Web Font Software to create a document or file or to change the selection of licensed Web Font Software or any other software used in or accessed by any document or file, including but not limited to server pages, web pages, documents and/or web-based documents.

   “Active Subscriber” is defined as anyone in Your subscriber database who is currently “subscribed” to receive Your Email Marketing.

   “Derivative Work” means binary data based upon or derived from the licensed Web Font Software (or any portion of the licensed Web Font Software) in any form in which such binary data may be recast, transformed, or adapted, including, but not limited to, binary data in any format into which the licensed Web Font Software may be converted.

   “Digital Ads”, “Dynamic Web-based Advertising” means online advertising that requires ‘live’ Fonts to be served to that advertising content, e.g. web banner. This may be required if an ad is updated regularly to promote new or changing special deals, offers, etc. Web advertising, where the Fonts are used within static images, always requires a Desktop Font Licence.

   “Domain”, “Web Domain”, “Domain Name”, “Internet domain name” have identical meanings in this Agreement and represents a string of typographic characters used to describe the location of a specific location online - the Uniform Resource Locator or URL. A domain name is typically considered to be the address of a specific Website. The Domain may be comprised of one unique second-level Domain name (as in “mydomainexample” of https://www.mydomainexample.com), multiple top-level Domains (as in .com, .org, .be), and multiple sub-Domains (as in “shop” of shop.mydomainexample.com, or “blog” of blog.mydomainexample.com). Under the terms of this Licence Agreement, You must own the licensed Domain and control the Website’s content.

   “Editing” means any text input that is displayed using the licensed Web Font Software. For the avoidance of doubt, Editing includes the insertion of text into a form field.

   “Email Marketing” is any communication, including a Newsletter, sent out by You via email to a group of recipients or subscribers that may customarily be Your customers or clients, or prospective customers or clients.

   “Page View” is one request for the viewing of a page on Your Website.

   “Sales Invoice” means the electronic document You receive as confirmation of the Fonts purchased. The Sales Invoice identifies, amongst others: the Licensor, the Licensee, the licensed Font Software, the licensed web domain, and the licensed Volume tier.

   “Third-party End User” is defined as an authorised entity (person, company, or organisation) that uses the Web Font Software on a Web domain owned by this entity, in accordance with the terms of the Licence purchased by a customer on behalf of and for Use by, a third-party End User (for example, not limitation: a third-party End User might be Your customer.) On the Sales Invoice the third-party End User is identified as the “Licensee”.

   “TYPE TAILORS” means collectively TYPE TAILORS BVBA – doing business under the commercial name TYPE BY, its successors and assigns, its parent and affiliated corporations, its authorised distributors, and any third party that has licensed to TYPE TAILORS any or all of the components of the Font Software supplied to You according to the Agreement. “TYPE TAILORS” and “TYPE BY” are trademarks of TYPE TAILORS BVBA. All other trademarks are the property of their respective owners.

   “Use”, “Using” The “Use” of the licensed Web Fonts shall occur when a user is able to give commands (by keyboard or otherwise) that are followed by the licensed Web Font Software, regardless of the location in which the licensed Web Font Software resides. “Use” of the licensed Web Fonts shall also occur when the software or instructions are executed.

   “User” is defined as an authorised person who uses the Web Font Software in accordance with the terms of the font licence purchased by the customer.

   “Volume tier”, “Licence Volume tier”
   have identical meanings in this Agreement and represent the maximum monthly page views allowed by Your Licence for Use on Your Website/Web domain (identified on Your Sales Invoice) and/or Email marketing related to Your Website/Web domain. If You intend to use the Web Font Software on more web domains or on a greater number of maximum monthly page views than permitted by Your current Volume tier, You must purchase a Licence for the additional domain/s and/or a higher Volume tier, for an additional fee, prior to using the Web Font Software. “Web Font”, “Web Font Software” have identical meanings in this Agreement. They mean Font Software that has been created, optimised, translated, or otherwise specially engineered for Use on the Internet for styling or viewing text on a Website.

   “Website”, “Websites” is defined as a collection of web pages, images, videos or other digital assets that are organised under a single Web Domain and hosted on one or more web servers, accessed from a common root Uniform Resource Identifier (URI) which: i) Uses or accesses the licensed Web Font Software in its web pages, ii) does not in any way enable the permanent installation of the licensed Web Font Software by Website visitors on any printer or display which displays a screen image created by Use of or access to the licensed Web Font Software, and iii) reasonably restricts access to licensed Web Font Software from Use or access by web pages or any document not originating from such Websites. The Website may be viewed with a web browser and/or via a web-based mobile app provided that the Web Font Software is not included or embedded, as explained in section 3. A web-based mobile app is restricted to operating on a hand-held device running one of the following operating systems: Android, bada, Blackberry OS or Blackberry 10, Brew, iOS, Symbian OS, Windows Phone or Windows RT.

   “Website User” is a visitor to Your Website.

   “You”, “Your”, “End User” have identical meanings in this Agreement and are defined as, and refer to, the party (person, company, or organisation) who is a temporary or permanent supplier to Sodexo SA, and has been granted a Developer Web Licence to use the Web Font Software on Sodexo website/Web domain/Test Web domain. Under the provisions of this Developer Web Licence, Sodexo must own the web domain/s the fonts will be used on and control the content of the licensed Sodexo Web Domain/s. An End User is not defined as a distributor, reseller, dealer, sub-licensee, original equipment manufacturer (“OEM”), wholesale buyer, or any similar entity. TYPE TAILORS Font Software and products may not be distributed, donated, lent, assigned, offered for free and/or sold to third parties without prior written consent from TYPE TAILORS. Failure to comply with these terms will represent a breach of the Agreement.

   “Sodexo” is defined as and refers to the customer Sodexo SA, with a registered office at 255 Quai de Stalingrad, 92130 Issy-les-Moulineaux, France, and enterprise number 301 940 219 (Company and Trade register of Nanterre), registered under French laws, represented by its authorized representative, duly authorized to sign this Agreement, acting for Sodexo SA as well as any and all Sodexo Group Companies.

   “Supplier”, “You”, “Your”, “Supplier”, “Web Developer”, “Developer”, and the “Licensee” have identical meanings in this Agreement and are defined as, and refer to, the suppler to Sodexo SA, who, under the terms of this Licence Agreement and the License Agreement with Sodexo SA signed on 29.05.2024, and upon authorisation by Sodexo SA and Type Tailors BVBA, will be granted a temporary, limited, revocable Developer Web License to use the Web Font Software in Sodexo website development on web domains owned by Sodexo, intended for and in benefit of Sodexo.

2. Binding Agreement

   You are bound by the Agreement, and You acknowledge that all Use of the licensed Web Font Software supplied to You by TYPE TAILORS is governed by the Agreement.

3. Granted Licence

   You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) Developer Licence to access the Web Font Software only on the Website/web domain which is owned and/or controlled by Sodexo and is registered on Your Sales Invoice, and only using the @font-face selector in CSS files, subject to all of the following terms and conditions:

   1. You may only link to, or put online, the version of a licensed Web Font Software supplied by TYPE TAILORS.

   2. You may only Use the licensed Web Font Software in a protected environment, for Sodexo website development and testing purposes.

   3. You may not Use the licensed Web Font Software:

      1. on web domains owned by You or third-parties, other than Sodexo;
      2. in, as a part of, or in conjunction with an Application;
      3. for Editing;
      4. in a Commercial Product, or
      5. with technologies other than @font-face, such as sIFR, Cufón or Typeface.js.

   4. You may not use conversion or editing tools on the licensed Web Font Software.

   5. You must retain the trademark, copyright and other legal information provided in the sample HTML/CSS/Javascript files for each licensed Web Font Software in Your working Website code.

   6. You must retain the page view and unique user statistics for all Sodexo Websites/web domains that Use the licensed Web Font Software and the statistics of Sodexo monthly eMail Marketing Active Subscribers, if applicable.

   7. The total monthly traffic permitted by Your Volume tier, is measured in maximum monthly page views per each licensed Website/web domain that Uses licensed Web Font Software and/or the total number of monthly Test Subscribers to the newsletter/eMail Marketing linked to the Sodexo web domain, registered on Your sales Invoice. The sum of Your maximum monthly page views and the newsletter Test Subscribers must not exceed the total number of page views specified in the Volume tier registered on Your Sales Invoice.

   You are responsible for ensuring that the licensed Web Font Software can only be used on the Sodexo Test Websites/ Sodexo Web domains registered on Your Sales Invoice and cannot be used or referenced by any other website than the Sodexo Website/ Sodexo Test Website/ Sodexo Web domain/s registered on Your Sales Invoice. This includes but is not limited to installing adequate technical protection measures that restrict the Use of and/or access to the licensed Web Font Software, for instance, by utilising JavaScript or access control mechanisms for cross-origin resource sharing and protecting against the Use on websites/web domains other than the licensed Sodexo Website/ Sodexo Test Website/ Sodexo Web domain, by restricting domain access only to the Sodexo Website/ Sodexo Web domain. The failure to adequately protect the licensed Web Font Software used for Sodexo Website/ Sodexo Test Website/ Sodexo Web domain/s against Use on other websites shall be considered a failure to comply with this Agreement.

   You must identify all licensed Web Fonts to visitors of Sodexo Websites/Web domain/s only by the licensed Web Font’s original name and in accordance with accepted trademark practice, including identification of the trademark owner’s name. The Sodexo Website’s/ Sodexo Test Website’s font selection user interface must display the licensed Web Font’s original name(s) and cite the source of the licensed Web Font. You will only use the licensed Web Font Software’s original name(s) to identify a licensed Web Font which will deliver a faithful reproduction of the underlying font and which is of a quality sufficient to meet industry typographic quality standards.

   The Use of any trademark authorised herein does not give You any rights of ownership in that trademark, and all Use of any trademark shall inure to the sole benefit of TYPE TAILORS.

   Every entity – business, organisation, or consumer – that requires access to Web Font Software must purchase a Licence in its own name for Use on its own Website/web domain prior to using the Web Font Software. The Licence granted herein is strictly for Use by the licensee – it does not cover or extend to uses on non- Sodexo websites and/or web domains, and/or by third parties, including but not limited to a subsidiary, affiliate, franchisee, assignee, customer or agent, freelance or independent contractors, or temporary employees using the Web Font Software on other websites, in professional environments, for other clients than Sodexo, or for other professional uses.

   If You are a Web developer or Web development company, a design company, media company, advertising agency, or consultancy working for a third-party (Customer) Website/web domain other than Sodexo and You require access to the Web Font Software, You must purchase a full commercial Licence in Your own name, and appropriate for the intended by You Use of the Web Font Software.

   Individuals, businesses or organisations, such as: advertising agencies, web design agencies or hosting providers that are responsible for multiple clients’ Websites/Web domains, must purchase separate licences and enter into separate Agreements for each client’s Website/Web domain.

   If You have been mandated to purchase a Licence for Use by or on behalf of a third-party End User other than Sodexo, You must ensure the Sales Invoice duly identifies the ultimate third-party End User, the web domain/ the Font Software will be used on, the Licence type and the appropriate Volume tier for the intended Use of the Web Font Software by the third-party End User. It is Your responsibility to ensure the third-party End User receives a copy of this Agreement and is made aware of the obligation to abide by its terms. By purchasing a Licence for Use by or on behalf of a third-party End User, You are acting solely as a Billing party and do not acquire any rights to use the Web Font Software. If, when purchasing a Licence for third-parties, You also require access to the Font Software, You must hold a valid Licence in Your own name or, in the absence thereof, purchase an appropriate Licence for Your own use and in Your own name. Failure to comply with these terms will represent a breach of the Agreement.

4. Duration of Agreement.

   This Agreement and its terms are perpetually valid for the duration of Your contractually defined work on the licensed Sodexo Web domain, registered on Your Sales Invoice. As long as the Website/Web domain traffic remains within the limits of the Volume tier specified on Your Sales Invoice and all terms of this Agreement are adhered to, You may use the Web Fonts on the licensed Sodexo Web domain/ Sodexo test domain in perpetuity with no further licensing costs, for the duration of Your valid status of supplier to Sodexo.

5. Permitted Uses and Restrictions.

   Permitted Domains and Implementation. The Web Font Software may only be used for styling text and embedding the Web fonts on the Sodexo Website/ Sodexo Test Website via the CSS @font-face rule for the Sodexo Domain / Sodexo Test domain specified on Your Sales Invoice.

   You may not use the Web Font Software as a tool or resource for third parties to create customised products or documents: providing the ability for a remote user to edit text using the Font Software is not allowed if the result is a new website, a new document, such as, for example, not a limitation: a personalised document, such as invitations, greeting cards, customised portfolios or customised products. If You wish to use the Web Font Software for such purposes, contact TYPE TAILORS to secure appropriate licensing. You further agree that the Web Font Software may not be served to unlicensed Websites even if they are hosted on a licensed Domain. If You discover or are made aware of any unauthorised access and/or use by an unlicensed third party, You agree to inform TYPE TAILORS as soon as possible.

   Under this Licence, Sodexo must own the Domain and control the content of the licensed Websites the Web Font Software will be used on. Your Developer Licence must cover the total number of i) Sodexo domains, ii) maximum monthly Page Views across all the pages of Sodexo’s Website/s / Sodexo Test Websites / Sodexo Web domain and/or iii) the total number of monthly Test Subscribers to Sodexo Email Marketing.

   Use of the Font Software in more than one Sodexo Test Web domain is permitted, provided each Web domain is duly licensed. You are not entitled to a refund, offset or other adjustments in the event of a reduction in the number of Sodexo Web domain / Sodexo Test Domains or a reduction of the total number of maximum monthly page views.

   Under the terms of this Developer Web Licence, You are allowed to perform technical implementation / embed the Web Font Software in Sodexo’s Digital Ads / Dynamic Web-based Advertising in Sodexo’s paid or unpaid advertising campaigns, for promotion of Sodexo’s organization, and/or Sodexo’s products and services.

   Page View Limitations.
   A Page View is one request for viewing a page of Sodexo Test Website. The maximum monthly traffic of Sodexo Test Website/ Sodexo Web domain, measured in Page Views, must not exceed the Volume tier amount shown on Your Sales Invoice. If it does, You must secure a licence upgrade to a higher Volume tier for the increased Page View amount.

   Web Font Software File Protection.
   You agree to use reasonable measures to ensure the Web Fonts are available only for the process of styling text on Sodexo Website. At a minimum, and for example, not limitation, reasonable measures include i.) preventing unlicensed third-party access, i.e. hotlinking and ii.) not allowing direct download of the Font Software unrelated to the process of styling text for Sodexo Website.

   Third-party platforms or services.
   You may only host and serve the Web Font Software for Sodexo Website/Web domain and/or Email Marketing (e.g. Campaign Monitor, MailChimp, or similar) – for developments and testing purposes – provided the Font Software is not used for other purposes – and the terms of this Agreement are strictly adhered to – by You and Sodexo’s Email Marketing service provider. At the end of the Email Marketing service provider’s work for Sodexo, You and the Provider must delete any font files in their possession from their devices and/or electronic storage, including email. You agree that it is Your responsibility to ensure this process is duly completed and that failure to adhere to these terms will represent Your breach of the Agreement.

   Upload and use the Web Font Software on SaaS service providers platforms – serving Sodexo’s accounts and for Sodexo’s sole use – such as, for example, not limitation: Canva, Figma, etc, is only permitted under a separate SaaS License. Use of Web Font Software on SaaS for Developer’s own use, or use by the Developer’s clients other than Sodexo is not permitted under this Developer Licence and requires a full commercial SaaS Licence. Failure to secure an appropriate SaaS Licence prior to using the Font Software on SaaS services will represent a breach of this Agreement.

   SaaS service providers do not include GitHub repositories or similar. Uploading the Font Software to third-party repositories, such as GitHub or similar providers nd services, is expressly prohibited and represents unauthorised sharing and distribution of the Font Software.

   Font Formats
   The Font Software will be transmitted for Your Use for Sodexo in the WOFF and WOFF2 (“.woff”, Web Open Font Format 1.0; “.woff2”, Web Open Font Format 2.0) Font Formats. The Licence Agreement only grants You rights of Use to the Font Formats delivered with Your order only and does not extend to any other - legacy or yet-to-be-invented - formats. The Use of alternate formats (such as TTF or OTF) is expressly prohibited.

   Specific legacy Web formats may be available for production and licensing on request as a paid service, subject to studio availability. Should You opt to license additional font formats, they will be governed by another Licence Agreement or an addendum to this Agreement.

   Should new font formats be invented, developed, or emerge in the future, they will be governed by another Licence Agreement. Should You require those new font formats, You must license them additionally.

   Copies
   You may make two (2) backup copies of Font Software for archival purposes only, and You agree to retain exclusive custody and control over any such copy, and take all reasonable steps to prevent any third-party access to these copies. If You discover or are made aware of any unauthorised access and/or Use of the backup copies by an unlicensed third party, You agree to inform TYPE TAILORS as soon as possible. Backup copies must contain the same naming, formats, subsets, documentation, copyright, trademark, and other proprietary notices that appear on, in or with the initially licensed Font Software. Upon termination of the Agreement, You must destroy the original and any and all copies of the Web Font Software.

   Uploading Font Software copies to GitHub repositories or similar providers and services is expressly prohibited and represents unauthorised sharing and distribution of the Font Software. The unauthorised sharing, distribution, assignment, sub-licensing, lending, renting, sale and resale, or other unauthorised Use or misuse of the backup copy, represents a material breach of this Agreement and will result in the immediate termination of this Licence. You will indemnify TYPE TAILORS for all costs, damages, or losses incurred as a result of Your failure to comply with this clause.

   Development Environment
   You may use the Web Font Software in a secure development environment controlled by You, i.e. the development environment may not be publicly accessible. The secure development environment must be for work specifically related to the Sodexo Web domain/s specified on Your Sales Invoice.

   You agree that You may not provide the Web Font Software to a third-party web developer/web development agency for the purposes of styling text on Your Website/Web domain, or websites of third-party clients other than Sodexo. If a third-party web developer/web development agency requires access to the Font Software, the Developer/Agency must enter into a separate Licence Agreement in its own name first, and purchase an appropriate Licence. Failure to adhere to these terms will represent Your breach of the Agreement.

   Protection
   You agree to implement and enforce reasonable measures to protect the Font Software from access and Use by unlicensed or unauthorised third parties. You agree not to facilitate or transmit the FontSoftware to third parties or otherwise edit, alter, enhance, modify, “hack”, or remove the Font Software. If You detect or become aware of any unauthorised access and/or Use by an unlicensed or unauthorised third party, You agree to notify TYPE TAILORS as soon as possible.

   Modifications
   This Licence expressly prohibits the Use of any program and/or software designed to or facilitating font-creation or font-manipulation. You may not attempt to, or alter, amend, or modify the Font Software and the designs embodied therein in any possible way, including but not limited to the purpose of creating derivative and/or substitute versions of the Font Software. You are expressly prohibited from modifying, adapting, translating, reverse engineering, decompiling, disassembling, altering, or otherwise attempting to discover the source code of the Font Software and/or the designs embodied therein. You hereby agree not to commission, assign, or authorise – directly or indirectly – any third party to undertake modifications to the Font Software.

   Creating, generating, or converting the Font Software into additional or other formats or into files intended for Use in other operating systems is expressly prohibited. Any alterations or amendments to the naming and/or embedding bits characteristics of the Font Software is expressly prohibited.

   Subsetting
   You are not allowed to perform character set subsetting. Customised subsetted variants of the Font Software may only be created by TYPE TAILORS on request, as a service, subject to studio availability.

   Controlled Use
   Use of TYPE TAILORS Font Software in the following circumstances and/or applications is not permitted without first obtaining the appropriate Licence or Licence upgrade:

   • installation on desktop and laptop computing devices
   • use on websites
   • Use in digital Ads
   • embedding in apps
   • embedding in software
   • embedding in electronic devices
   • embedding in ePub
   • server use
   • SaaS use
   • social media use
   • gaming use
   • broadcasting and streaming of audio-visual titles
   • use in retail and merchandise
   • alphabet and/or letterform-related products intended for resale
   • letterform creation products or devices intended for resale
   • desktop Licence (limited), intended for service bureaus
   • web Licence (limited), intended for web developers
   • storing, caching, providing access or serving the font software to third parties via the internet for Use or display on the internet

   In order to obtain a Licence upgrade, You must contact Type Tailors at: sales@typeby.com for more information. If You are unsure whether Your Use of the Font Software is specifically permitted under this Agreement, please contact TYPE TAILORS.

6. Transfer of the Font Software

   You may not transfer Your rights and obligations under this Agreement to any entity or person (the ‘Transferee’), wholly or in part, at any time, except as expressly provided herein. You expressly agree not to sell, sub-license, re-serve, rent, lease, give away, lend, donate, or further distribute the Font Software and/or its documentation - wholly or in part. Any transfer violating this provision will be null and void from inception.

   You may only transfer all Your rights to use the Web Font Software to another legal entity provided that: i) the transferee has acquired or merged with Your entity and has become an authorized supplier of Sodexo, and ii) accepts and agrees to be bound by all the terms and conditions of the Agreement, and iii) You remove and discard all copies of the Font Software, including all copies stored in the memory of a hardware device, or cloud copy. In the event Your legal entity is to merge or is to be acquired by another legal entity that will become an authorized Sodexo supplier requiring access to the Font Software, You/the transferee must notify TYPE TAILORS in no less than 10 business days before the transaction. The new entity/Licensee will then be required to acknowledge in writing the required Web domains, the Licence Volume tier, and then sign an addendum to the Agreement to complete the Licence Transfer.

   Should the new entity anticipate and/or require a wider use of Web Font Software, by i) using the Web Fonts on a greater number of Web domains and/or ii) using the Font Software on own or third-party web domains other than Sodexo web domains, TYPE TAILORS will require the new entity to purchase an appropriate Licence.

   The Licence Transfer due to Merger & Acquisition is only deemed completed and effective if a Licence Transfer addendum has been duly signed by the Licensor and the new Licensee within no more than thirty (30) days of Merger & Acquisition date. Failure to timely notify TYPE TAILORS about the impending Merger & Acquisition transaction, as well as failure to timely pay the increased Licence Fee – if so required, as well as failure to complete all the steps of the Licence Transfer within the terms herein will represent a breach of the Agreement.

   If You are a professional, business or organisation, You agree that in case of reasonable doubt concerning the proper Use of the Font Software within Your business or organisation, upon request from TYPE TAILORS or its authorised representative, You will, within thirty (30) days, fully document and certify that Use of any and all TYPE TAILORS Font Software at the time of the request is in conformity with Your valid Licenses from TYPE TAILORS.

7. Intellectual and Industrial Property Rights

   You agree that the Web Font Software is protected by the copyright law and other intellectual and industrial property rights of the Kingdom of Belgium, by the copyright law and other intellectual and industrial property rights of other countries, and by international treaties. You agree to not copy the Web Font Software, except as expressly provided herein. You agree not to adapt, modify, alter, translate, convert, or otherwise change the Font Software or to create Derivative Works from Web Font Software or any portion thereof. You further agree not to use the Web Font Software in connection with software and/or hardware which create Derivative Works of such Web Font Software.

   You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or instructions of the Font Software, provided, however, that if You are located in a European Community member country or any other country which provides rights materially similar to the rights set forth in this provision, You may reverse engineer or decompile the Font Software only to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purpose and only to the extent that sufficient information or replacement font software is not provided in a timely manner free of charge by TYPE BY upon written request). You agree that TYPE TAILORS owns all rights, title and interest in and to the Font Software, its structure, organisation, code, and related files, including all intellectual and industrial property rights therein such as copyright, design and trademark rights. You agree that the Font Software, its structure, organisation, code, and related files are the property of TYPE TAILORS and that any Use of the Font Software not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights.

   You agree to use trademarks associated with the Font Software according to accepted trademark practice, including identification of the trademark owner’s name. Trademarks can only be used to identify printed output produced by the Font Software. The Use of any trademark as herein authorised does not give You any rights of ownership in that trademark and all Use of any trademark shall inure to the sole benefit of TYPE TAILORS. You may not change any trademark or trade name designation for the Font Software.

8. Limited Warranty

   TYPE TAILORS warrants to You that the licensed Web Font Software will perform substantially in accordance with W3C specifications for the Use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the http://www.W3.org website as of the date of this Agreement for thirty (30) days following delivery of the Font Software. To make a warranty claim, You must, within the thirty (30) day warranty period, notify TYPE TAILORS in writing, together with a copy of Your Sales Invoice and sufficient information regarding Your acquisition of the Font Software to permit the confirmation of the Licence existence and the effective date of this Licence.

   TYPE TAILORS and its suppliers do not and cannot warrant the performance or results You may obtain by using the Web Font Software. It is Your responsibility to ensure that the Web Font Software fits Your purpose. TYPE TAILORS hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. TYPE TAILORS does not warrant that the operation of the font software will be uninterrupted or error-free or that the font software is without defects. Under no circumstances shall TYPE TAILORS be liable to You or any other party for any damages (including but not limited to special, consequential, incidental damages, lost profits, savings or business interruption as a result of the Use of the font software, even if notified in advance of such possibility. You hereby agree that Your entire, exclusive, and cumulative liability and remedy shall be limited to the cost of the Web Font Software or replacement thereof, either of each remaining at TYPE TAILORS’s discretion. Under no circumstances shall TYPE TAILORS’s liability to You exceed either the refunding of the cost of the Web Font Software or replacement of the Web Font Software, either of which shall be at TYPE TAILORS’s sole discretion.

   Consumers only: Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, special damages, or implied warranties. Any implied warranty or other right created by law is only effective for the shortest warranty period allowed by law. No warranties or conditions of any kind apply thereafter. In the alternative and to the extent permissible by law, You agree that all implied warranties are not to be effective for more than thirty (30) days.

   All sales of Web Font Software are final. The Web Font Software may not be returned, exchanged, or refunded.

9. Indemnification

   You expressly acknowledge and agree that should You violate any of the terms of this Agreement, TYPE TAILORS shall be entitled to reimbursement of all its costs and expenses incurred to investigate the violation and enforce its rights, including the costs of investigation, settlement, expert witnesses and reasonable attorneys’ fees, together with all additional costs incurred in the enforcing or collecting any judgment rendered. The reimbursement of such costs shall be in addition to the damages, remedies and award of costs that may be obtained by judgment under the applicable law.

   You further expressly acknowledge and agree to indemnify and hold harmless TYPE TAILORS, their officers, directors, employees and/or agents against any and all costs, expenses, liabilities, injuries, losses, damages, claims, demands and judgments that arise as a result of any unauthorised use by You of the Font Software and Your breach of this Agreement. This indemnification obligation survives termination of this Agreement.

10. Termination

    In the event You (or any authorised person within Your company or organization, to whom You have given permission to Use the Web Font Software) fail to comply with the terms set forth herein, this Agreement shall automatically terminate without the obligation of notice or opportunity to cure. Notwithstanding any termination of this Agreement, TYPE TAILORS expressly reserves any and all other remedies under equity or law, including injunctive relief, without the obligation of bond or other limitations. Should Your Agreement be terminated, upon receiving a notice by regular mail, telefax and/or email, You agree to immediately discontinue using the Font Software and certify that no copies remain in Your possession or control.

11. Choice of law

    You expressly agree that this TYPE TAILORS Web Font Software End User Licence Agreement shall be governed by the laws of the Kingdom of Belgium, as they apply to contracts wholly performed therein and without respect to its conflict of laws provisions or the conflict of laws provisions of any other jurisdiction. You expressly submit to the jurisdiction of the courts in the District chosen by TYPE TAILORS. You hereby expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

12. Amendments to Licence Agreement

    TYPE TAILORS expressly reserves the right to amend or modify this Licence Agreement at any time and without prior notification to the extent permitted by law. By way of example, not limitation, such modifications may reflect changed or new Volume tiers and/or changes in technology that would otherwise impair or render obsolete provisions in this Agreement. The Agreement may only be amended in writing, signed by an authorised representative of TYPE TAILORS and will be made available at typeby.com. Should You not agree to the modified terms yet choose to continue to use the Font Software, Your actions will breach the Agreement. This Agreement may, at TYPE TAILORS’s sole discretion, be enforced by an authorised agent acting on its behalf.

    You acknowledge and agree that this is the complete and exclusive statement of the Agreement between TYPE TAILORS and You, which supersedes any proposal or prior Agreement, oral or written, as well as any other communications relating to the subject matter of this Agreement. No variation of the terms of this Agreement or any different terms will be enforceable against TYPE TAILORS in the absence of an express written amendment or consent, including a written express waiver of the affected terms of this Agreement.

    If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by TYPE TAILORS with a provision that affects the intent of the invalid provision.

13. Contact

    All inquiries may be sent via e-mail to hello@typeby.com. Type Tailors’s website is located at www.typeby.com.

Mobile App Font Software End User License Agreement – Authorised Developer to SODEXO

Please read this document carefully before agreeing to be bound. We recommend that You print a copy for further reference. Additionally, please read our Privacy Policy for more information on how TYPE TAILORS treats Your data. The Privacy Policy covers the Licence Agreements of TYPE TAILORS.

1. Definitions
2. Binding Agreement
3. Granted Licence
4. Duration of Agreement
5. Permitted Uses and Restrictions
6. Transfer of the Font Software
7. Intellectual and Industrial Property Rights
8. Limited Warranty
9. Indemnification
10. Termination
11. Choice of law
12. Amendments to the Licence Agreement
13. Contact

This Font Software End User Licence Agreement (further referred to as the “Agreement”, “EULA”, “Licence”, or “Licence Agreement”) becomes a binding legal agreement between You – the authorised Supplier to Sodexo SA – and Type Tailors BVBA, doing business under the commercial name TYPE BY, with a registered business address at Mechelsesteenweg 25, B-2018, Antwerp, Belgium, with a business registration number BE0894904974 (further referred to “Type Tailors” (A) when You click on the area marked “I agree to all terms and conditions of the applicable Licence agreement(s)” or similar language or when You accept the Agreement by other means (for instance referring to the Agreement in a purchase order, a confirmation email, via a download link, or email attachment, etc.) or, (B) ) if You are purchasing / obtaining the Font Software on a CD-ROM, DVD or other storage media when You open the package in which the Font Software is contained. If You do not wish to be bound by the Agreement, or if You cannot, or do not agree to the terms of this Agreement, do not purchase, access, download, install, or use the Font Software.

You hereby agree to the following:

1. Definitions:

   “Mobile Application”, “Mobile App”, “Application”, “App” The “Mobile Application” or “App” means the Application software designed to run and function on various operating systems and software platforms. This Developer App Font Licence covers the Use of Font Software in the Application/s solely owned by Sodexo, that runs on the Operation Systems and platforms Sodexo requires. For example, not limitation, if the Sodexo App “MyAppExample” runs on iOS and Android OS, and You are developing the App for both of these platforms, Your Developer Licence is granted for both of these Operation Systems. Failure to comply with these terms will represent a breach of the Agreement.

   “Mobile App Font Software”, “Mobile Application Font Software, “App Font Software” have identical meanings in this Agreement. They mean the Font Software has been created, optimised, translated or otherwise specially modified for embedding within an Application/Mobile App for styling, viewing or editing text.

   “Font”, “Fonts”, “Font Software” have identical meanings in this Agreement. They mean the designs of the Fonts, including but not limited to alphanumeric glyphs, symbols, ideographs, dingbats or other art forms; the software identified on Your Sales Invoice, and/or instructions which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Font Software shall include all bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. Font Software includes upgrades or updates (each of which TYPE TAILORS may provide You at its sole discretion), related files, permitted modifications, permitted copies, and related documentation.

   “Derivative Work” means binary data based upon or derived from the licensed App Font Software (or any portion of the licensed App Font Software) in any form in which such binary data may be recast, transformed, or adapted, including, but not limited to, binary data in any format into which the licensed App Font Software may be converted.

   “Sales Invoice” means the electronic document You receive as confirmation of the Fonts purchased, or downloaded under this Developer Licence. The Sales Invoice identifies, amongst others: the Licensor, the Licensee, the licensed Font Software, the licensed App / Operational System/platform, and the licensed Volume tier.

   “TYPE TAILORS” means collectively TYPE TAILORS BVBA – doing business under the commercial name TYPE BY, its successors and assigns, its parent and affiliated corporations, its authorised distributors, and any third party that has licensed to TYPE TAILORS any or all of the components of the Font Software supplied to You according to the Agreement. “TYPE TAILORS” and “TYPE BY” are trademarks of TYPE TAILORS BVBA. All other trademarks are the property of their respective owners.

   “Third-party End User” is defined as an authorised entity (person, company, or organisation) that uses the Font Software for Mobile Applications according to the terms of the Licence purchased by a customer on behalf of, and for Use by, a third-party End User (for example, not limitation: a third-party End User might be Your customer.) On the Sales Invoice the third-party End User must be identified as the “Licensee”.

   “User”, “Application User”, “App User”, “End User” is the user of Sodexo Application.

   “Downloads”, “Application Downloads, “App Downloads”, have identical meanings in this Agreement. They represent the total number of downloads of Sodexo Application by Sodexo App Users.

   “Volume tier”, “Licence Volume tier”
   have identical meanings in this Agreement and represent the total number of Application Downloads per each Operation System and/or platform allowed by Your Licence. The Volume tier of Sodexo Licence, Application name, Operation System and platform are identified on Your Sales Invoice.

   If You intend to embed the Font Software in Mobile Applications not owned by Sodexo, You must purchase a full commercial Licence for the additional Apps and Operation Systems / Platforms, for a fee, prior to using the Font Software in these Applications / Operation Systems / Platforms.

   “App User” is a visitor to Sodexo App.

   “You”, “Your”, “End User” have identical meanings in this Agreement and are defined as, and refer to, the party (person, company, or organisation) who is a temporary or permanent supplier to Sodexo, and has been granted a Developer Licence to use and embed the Font Software in a Sodexo Mobile Application. Under the provisions of this Developer App Licence, Sodexo must own the App/s the fonts will be used on and control the content of the licensed Sodexo Mobile Application. An End User is not defined as a distributor, reseller, dealer, sub-licensee, original equipment manufacturer (“OEM”), server administrator, or other wholesale buyer of software or any other similar entity. TYPE TAILORS Font Software and products may not be distributed, donated, lent, assigned, offered for free and/or sold to third parties without prior written consent from TYPE TAILORS. Failure to comply with these terms will represent a breach of the Agreement.

   “Sodexo” is defined as and refers to the customer Sodexo SA, with a registered office at 255 Quai de Stalingrad, 92130 Issy-les-Moulineaux, France, and enterprise number 301 940 219 (Company and Trade register of Nanterre), registered under French laws, represented by its authorized representative, duly authorized to sign this Agreement, acting for Sodexo SA as well as any and all Sodexo Group Companies.

   “Supplier”, “You”, “Your”, “Supplier”, “App Developer”, “Developer”, and the “Licensee” have identical meanings in this Agreement and are defined as, and refer to, the suppler to Sodexo, who, under the terms of this Licence Agreement and upon authorisation by Sodexo and Type Tailors BVBA, will be granted a temporary, limited, revocable Developer App Licence to use the App Font Software in Sodexo App/s development, intended for and in benefit of Sodexo.

2. Binding Agreement.

   You are bound by the Agreement, and You acknowledge that all Use of the licensed App Font Software supplied to You by TYPE TAILORS is governed by the Agreement.

3. Granted Licence.

   You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) Developer Licence to embed the Font Software in an iOS, and/or Android, and/or Windows Phone Application, which is owned and/or controlled by Sodexo and is registered on You Sales Invoice, subject to all of the following terms and conditions:

   1. You may only embed the version of a licensed Font Software supplied by TYPE TAILORS.
   2. You may only embed the Font Software in a secure manner, which does not allow an App User to access the Font Software outside of the Application;
   3. You may not distribute an Application to App Users.
   4. You may not Use the licensed App Font Software:
      1. on Desktop or Laptop computers or workstations;
      2. on Web with technologies such as @font-face, sIFR, Cufón, or Typeface.js;
      3. in a Commercial Product, or
      4. for any uses not expressly permitted in this Agreement.
      5. You may not use conversion or editing tools on the licensed App Font Software.
   5. You must retain the App downloads statistics for all Operation Systems/platforms versions of the Sodexo App that Use the licensed Font Software, if applicable.
   6. The total number of Sodexo App downloads permitted by Your Volume tier must not exceed the total number of App downloads specified in the Volume tier registered on Your Sales Invoice.

   You are responsible for ensuring that the licensed App Font Software can only be used on the Sodexo App/s registered on Your Sales Invoice and cannot be embedded in any other App than the App name, Operation System/Platform registered on Your Sales Invoice. This includes but is not limited to installing adequate technical protection measures that restrict the Use of and/or access to the licensed Font Software and protecting against Use on Apps other than the licensed Sodexo Apps. The failure to adequately protect the licensed App Font Software used for Sodexo App against Use on other Apps shall be considered a failure to comply with this Agreement.

   The Use of any trademark authorised herein does not give You any rights of ownership in that trademark, and all Use of any trademark shall inure to the sole benefit of TYPE TAILORS.

   Every entity – business, organisation, or consumer – that requires access to App Font Software must purchase a Licence in its own name for Use on its own App prior to using the Font Software. The Licence granted herein is strictly for Use by the licensee – within its obligations to Sodexo and for Sodexo App/s – it does not cover or extend to uses on non- Sodexo App/s, and/or by third parties, including but not limited to a subsidiary, affiliate, franchisee, assignee, customer or agent, freelance or independent contractors, or temporary employees using the Font Software on other Apps, in professional environments, for other clients than Sodexo, or for other professional uses.

   If You are an App developer or development company, an App design company, a media company, an advertising agency, or consultancy working for a third-party (Customer) App and You require access to the Font Software, You must purchase a full commercial Licence in Your own name, and appropriate for the intended by You Use of the Font Software.

   Individuals, businesses or organisations, such as: App developers, advertising agencies, design agencies, or hosting providers that are responsible for multiple clients’ Apps, must purchase separate full commercial Licences and enter into separate Agreements for each client’s App.

   If You have been mandated to purchase a Licence for Use by, or on behalf of a third-party End User other than Sodexo, You must ensure the Sales Invoice duly identifies the ultimate third-party End User, the App name, Operational System and the platform, the Font Software will be embedded in, the Licence type and the appropriate Volume tier for the intended Use of the Font Software by the third-party End User. You are responsible for ensuring the third-party End User receives a copy of this Agreement and is made aware of the obligation to abide by its terms. By purchasing a Licence for Use by or on behalf of a third-party End User, You act solely as a Billing party and do not acquire any rights to use the Font Software. If, when purchasing a Licence for third-parties, You also require access to the Font Software, You must hold a valid Licence in You r own name or, in the absence thereof, purchase an appropriate Licence for You r own use and in You r own name. Failure to comply with these terms will represent a breach of the Agreement.

4. Duration of Agreement.

   This Agreement and/or its terms are perpetually valid for the duration of You r contractually defined work on the licensed Sodexo App/s and the Operational Systems / Platforms, registered on Your Sales Invoice. As long as the App’s effective number of downloads remains within the limits of the acquired Volume tier and all terms of this Agreement are adhered to, You may Use the Font Software on the licensed Sodexo App and Operational System/platform in perpetuity, with no further licensing costs, for the duration of You r valid status of supplier to Sodexo.

5. Permitted Uses and Restrictions.

   Permitted Apps and Implementation
   The App Font Software may be embedded only in a number of Sodexo Apps and only in the Operational System/platform specified on Your Sales Invoice. You may use the App Font Software for styling, viewing, and editing text of the Sodexo App.

   Use of the Font Software in more than one Sodexo App is permitted, provided that each Sodexo App is licensed. You must not exceed the number of App Downloads registered on Your Sales Invoice. If You anticipate the volume of Downloads to increase, You must purchase a Licence upgrade to reflect the increased Volume tier prior to reaching the Downloads limit of Your current Volume tier.

   You are not entitled to a refund, offset or other adjustments in the event of a reduction in the number of Sodexo Apps, a reduction of the Operational Systems/platforms, and/or the total number of App downloads.

   App Font Software File Protection
   You agree to use reasonable measures to ensure the App Font Software is protected from access and Use by unlicensed and/or unauthorised third parties. If You discover or are made aware of any unauthorised access and/or Use by an unlicensed or unauthorised third party, You agree to notify TYPE TAILORS as soon as is possible.

   Third-party platforms or services
   Upload and use the Font Software on SaaS service providers, such as, for example, but not limitation: Canva, Figma, etc, is only permitted under a separate SaaS Licence. Failure to secure a SaaS Licence prior to using the Font Software on SaaS services will represent a breach of this Agreement.

   SaaS service providers do not include GitHub repositories or similar. Uploading the Font Software to third-party repositories, such as GitHub or similar platforms and providers, is expressly prohibited and represents unauthorised sharing and distribution of the Font Software.

   Font Formats
   The App Font Software will be transmitted for Your Use on Sodexo App/s in the TrueType (“TTF”) format, at TYPE TAILORS’s sole discretion.

   The Licence Agreement grants You rights of Use to the Font Formats delivered with Your order only and does not extend to any other - legacy or yet-to-be-invented - formats. Should new font formats be invented, developed, or emerge in the future, and should You require those font formats, You must Licence those formats additionally.

   Copies
   You may make two (2) backup copies of Font Software for archival purposes only, and You agree to retain exclusive custody and control over any such copy and take all reasonable steps to prevent any third-party access to these copies. If You discover or are made aware of any unauthorised access and/or Use of the backup copies by an unlicensed third party, You agree to inform TYPE TAILORS as soon as possible. Backup copies must contain the same naming, formats, subsets, documentation, copyright, trademark, and other proprietary notices that appear on, in or with the initially licensed Font Software. Upon termination of the Agreement, You must destroy the original and any and all copies of the App Font Software.

   Uploading Font Software copies to GitHub repositories or similar services and providers is expressly prohibited and represents unauthorised sharing and distribution of the Font Software. The unauthorised sharing, distribution, assignment, sub-licensing, lending, renting, sale and resale, or other unauthorised Use or misuse of the backup copy, represents a material breach of this Agreement and will result in the immediate termination of this Licence. You will indemnify TYPE TAILORS for all costs, damages, or losses incurred as a result of Your failure to comply with this clause.

   Development Environment
   You may use the App Font Software in a secure development environment controlled by You, i.e. the development environment may not be publicly accessible. The secure development environment must be for work specifically related to the Sodexo App/s specified on Your Sales Invoice.

   You agree that You may not provide the App Font Software to a third-party App developer/development agency for the purposes of styling text on Your App. If a third-party App developer/App development agency requires access to the App Font Software, the Developer/Agency must enter into a separate Licence Agreement in its own name first, and purchase an appropriate Licence. Failure to adhere to these terms will represent Your breach of the Agreement.

   Protection
   You agree to implement and enforce reasonable measures to protect the Font Software from access and Use by unlicensed or unauthorised third parties. You agree not to facilitate or transmit the App Font Software to third parties or otherwise edit, alter, enhance, modify, “hack”, or remove the Font Software. If You detect or become aware of any unauthorised access and/or Use by an unlicensed or unauthorised third party, You agree to notify TYPE TAILORS as soon as possible.

   Modifications & Embedding
   This Licence expressly prohibits the Use of any program and/or software designed to or facilitating font-creation or font-manipulation. You may not attempt to, or alter, amend, or modify the Font Software and the designs embodied therein in any possible way, including but not limited to the purpose of creating derivative and/or substitute versions of the Font Software. You are expressly prohibited from modifying, adapting, translating, reverse engineering, decompiling, disassembling, altering, or otherwise attempting to discover the source code of the Font Software and/or the designs embodied therein. You hereby agree not to commission, assign, or authorise – directly or indirectly – any third party to undertake modifications and /or creation of derivative works to the Font Software.

   Creating, generating, or converting the Font Software into additional or other formats or into files intended for Use in other operating systems is expressly prohibited. Any alterations or amendments to the naming and/or embedding bits characteristics of the Font Software is expressly prohibited.

   The embedding or inclusion of TYPE TAILORS Fonts, or the designs forming the Fonts, in software, hardware, digital documents, devices, or any other form not included in the present Agreement is prohibited. If You wish to use the Font Software for such purposes, contact TYPE TAILORS to secure appropriate licensing.

   Subsetting
   You are not allowed to perform character set subsetting. Customised subsetted variants of the Font Software may only be created by TYPE TAILORS on request, as a service, subject to studio availability.

   Controlled Use
   Use of TYPE TAILORS Font Software in the following circumstances and/or applications is not permitted without first obtaining the appropriate Licence or Licence upgrade:

   • installation on desktop and laptop computing devices
   • use on websites
   • Use in digital Ads
   • embedding in apps
   • embedding in software
   • embedding in electronic devices
   • embedding in ePub
   • server use
   • SaaS use
   • social media use
   • gaming use
   • broadcasting and streaming of audio-visual titles
   • use in retail and merchandise
   • alphabet and/or letterform-related products intended for resale
   • letterform creation products or devices intended for resale
   • desktop Licence (limited), intended for service bureaus
   • web Licence (limited), intended for web developers
   • storing, caching, providing access or serving the font software to third parties via the internet for Use or display on the internet

   In order to obtain a Licence upgrade, You must contact Type Tailors at: sales@typeby.com for more information. If You are unsure whether Your Use of the Font Software is specifically permitted under this Agreement, please contact TYPE TAILORS.

6. Transfer of the Font Software.

   You may not transfer Your rights and obligations under this Agreement to any entity or person (the ‘Transferee’), wholly or in part, at any time, except as expressly provided herein. You expressly agree not to sell, sub-license, re-serve, rent, lease, give away, lend, donate, or further distribute the Font Software and/or its documentation - wholly or in part. Any transfer violating this provision will be null and void from inception.

   You may only transfer all Your rights to use the App Font Software to another legal entity provided that: i) the transferee has acquired or merged with Your entity and has become an authorized supplier of Sodexo, ii) it has become the owner of the Sodexo App/s, and iii) it accepts and agrees to be bound by all the terms and conditions of the Agreement and iv) You remove and discard all copies of the Font Software, including all copies stored in the memory of a hardware device, or cloud copy. In the event Your legal entity is to merge or is to be acquired by another legal entity that will become an authorized Sodexo supplier requiring access to the Font Software, You/the transferee must notify TYPE TAILORS in no less than 10 business days before the transaction. The new entity/Licensee will then be required to acknowledge in writing the required Apps/Operational Systems/platforms, the Licence Volume tier, and then sign an addendum to the Agreement to complete the Licence Transfer.

   Should the new entity anticipate and/or require a wider use of App Font Software, by i) using the Font Software on a greater number of Apps, and/or ii) using the Font Software on own or third-party Apps other than Sodexo App/s, and/or iii) a greater number of App downloads than the Volume tier licensed in the original Agreement, TYPE TAILORS will require the new entity to purchase an appropriate Licence.

   The Licence Transfer due to Merger & Acquisition is only deemed completed and effective if the Licensor and the new Licensee have duly signed a Licence Transfer addendum within no more than thirty (30) days of the Merger & Acquisition date. Failure to timely notify TYPE TAILORS about the impending Merger & Acquisition transaction, as well as failure to timely pay the increased Licence Fee – if so required, as well as failure to complete all the steps of the Licence Transfer within the terms herein will represent a breach of the Agreement.

   If You are a professional, business or organisation, You agree that in case of reasonable doubt concerning the proper Use of the Font Software within Your business, organisation and/or Your App/s, upon request from TYPE TAILORS or its authorised representative, You will within thirty (30) days fully document and certify that Use of any and all TYPE TAILORS Font Software at the time of the request is in conformity with Your valid licenses from TYPE TAILORS.

7. Intellectual and Industrial Property Rights.

   You agree that the App Font Software is protected by the copyright law and other intellectual and industrial property rights of the Kingdom of Belgium, by the copyright law and other intellectual and industrial property rights of other countries, and by international treaties. You agree to not copy the App Font Software except as expressly provided herein. You agree not to adapt, modify, alter, translate, convert, or otherwise change the App Font Software or to create Derivative Works from App Font Software or any portion thereof. You further agree not to use the App Font Software in connection with software and/or hardware which create Derivative Works of such App Font Software.

   You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or instructions of the Font Software, provided, however, that if You are located in a European Community member country or any other country which provides rights materially similar to the rights set forth in this provision, You may reverse engineer or decompile the Font Software only to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purpose and only to the extent that sufficient information or replacement font software is not provided in a timely manner free of charge by TYPE BY upon written request). You agree that TYPE TAILORS owns all rights, title and interest in and to the Font Software, its structure, organisation, code, and related files, including all intellectual and industrial property rights therein, such as copyright, design and trademark rights. You agree that the Font Software, its structure, organisation, code, and related files are the property of TYPE TAILORS and that any Use of the Font Software not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights.

   You agree to use trademarks associated with the Font Software according to accepted trademark practice, including identification of the trademark owner’s name. Trademarks can only be used to identify printed output produced by the Font Software. The Use of any trademark as herein authorised does not give You any rights of ownership in that trademark, and all Use of any trademark shall inure to the sole benefit of TYPE TAILORS. You may not change any trademark or trade name designation for the Font Software.

8. Limited Warranty.

   TYPE TAILORS warrants to You that the licensed App Font Software will perform substantially in accordance with its documentation for thirty (30) days following delivery of the Font Software. To make a warranty claim, You must, within the thirty (30) day warranty period, notify TYPE TAILORS in writing, together with a copy of Your Sales Invoice and sufficient information regarding Your acquisition of the Font Software to permit the confirmation of the Licence existence and the effective date of this Licence.

   TYPE TAILORS and its suppliers do not and cannot warrant the performance or results You may obtain by using the App Font Software. You are responsible for ensuring that the App Font Software fits Your purpose. TYPE TAILORS hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. TYPE TAILORS does not warrant that the operation of the font software will be uninterrupted or error-free or that the font software is without defects. Under no circumstances shall TYPE TAILORS be liable to You or any other party for any damages (including but not limited to special, consequential, incidental damages, lost profits, savings or business interruption as a result of the Use of the font software, even if notified in advance of such possibility. You hereby agree that Your entire, exclusive, and cumulative liability and remedy shall be limited to the cost of the App Font Software or replacement thereof, either of each remaining at TYPE TAILORS’s discretion. Under no circumstances shall TYPE TAILORS’s liability to You exceed either the refunding of the cost of the App Font Software or replacement of the App Font Software, either of which shall be at TYPE TAILORS’s sole discretion.

   Consumers only: Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, special damages, or implied warranties. Any implied warranty or other right created by law is only effective for the shortest warranty period allowed by law. No warranties or conditions of any kind apply thereafter. In the alternative and to the extent permissible by law, You agree that all implied warranties are not to be effective for more than thirty (30) days.

   All sales of App Font Software are final. The App Font Software may not be returned, exchanged, or refunded.

9. Indemnification

   You expressly acknowledge and agree that should You violate any of the terms of this Agreement, TYPE TAILORS shall be entitled to reimbursement of all its costs and expenses incurred to investigate the violation and enforce its rights, including the costs of investigation, settlement, expert witnesses and reasonable attorneys’ fees, together with all additional costs incurred in the enforcing or collecting any judgment rendered. The reimbursement of such costs shall be in addition to the damages, remedies and award of costs that may be obtained by judgment under the applicable law.

   You further expressly acknowledge and agree to indemnify and hold harmless TYPE TAILORS, their officers, directors, employees and/or agents against any and all costs, expenses, liabilities, injuries, losses, damages, claims, demands and judgments that arise as a result of any unauthorised use by You of the Font Software and Your breach of this Agreement. This indemnification obligation survives termination of this Agreement.

10. Termination.

    In the event You (or any authorised person within Your company or organization, to whom You have given permission to Use the App Font Software) fail to comply with the terms set forth herein, this Agreement shall automatically terminate without the obligation of notice or opportunity to cure. Notwithstanding any termination of this Agreement, TYPE TAILORS expressly reserves any and all other remedies under equity or law, including injunctive relief, without the obligation of bond or other limitations. Should Your Agreement be terminated, upon receiving a notice by regular mail, telefax and/or email, You agree to immediately discontinue using the Font Software and certify that no copies remain in Your possession or control.

11. Choice of law

    You expressly agree that this TYPE TAILORS App Font Software End User Licence Agreement shall be governed by the laws of the Kingdom of Belgium, as they apply to contracts wholly performed therein and without respect to its conflict of laws provisions or the conflict of laws provisions of any other jurisdiction. You expressly submit to the jurisdiction of the courts in the District chosen by TYPE TAILORS. You hereby expressly agree that the Application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

12. Amendments to the Licence Agreement

    TYPE TAILORS expressly reserves the right to amend or modify this Licence Agreement at any time and without prior notification to the extent permitted by law. By way of example, not limitation, such modifications may reflect changed or new Volume tiers and/or changes in technology that would otherwise impair or render obsolete provisions in this Agreement. The Agreement may only be amended in writing, signed by an authorised representative of TYPE TAILORS and will be made available at typeby.com. Should You not agree to the modified terms yet choose to continue to use the Font Software, Your actions will breach the Agreement. This Agreement may, at TYPE TAILORS’s sole discretion, be enforced by an authorised agent acting on its behalf.

    You acknowledge and agree that this is the complete and exclusive statement of the Agreement between TYPE TAILORS and You, which supersedes any proposal or prior Agreement, oral or written, as well as any other communications relating to the subject matter of this Agreement. No variation of the terms of this Agreement or any different terms will be enforceable against TYPE TAILORS in the absence of an express written amendment or consent, including a written express waiver of the affected terms of this Agreement.

    If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by TYPE TAILORS with a provision that affects the intent of the invalid provision.

13. Contact

    All inquiries may be sent via e-mail to hello@typeby.com. Type Tailors’s website is located at www.typeby.com.

Desktop Font Software End User Licence Agreement - Authorised Developer to KNVB

Please read this document carefully before agreeing to be bound. We recommend that You print a copy for further reference. Additionally, please read our Privacy Policy for more information on how TYPE TAILORS treats Your data. The Privacy Policy covers the Licence Agreements of TYPE TAILORS.

1. Definitions
2. Binding Agreement
3. Granted Licence
4. Duration of Agreement
5. Permitted Uses and Restrictions
6. Transfer of the Font Software
7. Intellectual and Industrial Property Rights
8. Limited Warranty
9. Indemnification
10. Termination
11. Choice of law
12. Amendments to the Licence Agreement
13. Contact

This Font Software End User Licence Agreement (further referred to as the “Agreement”, “EULA”, “Licence”, or “Licence Agreement”) becomes a binding legal agreement between You You – the authorized Supplier to KNVB – and Type Tailors BVBA, doing business under the commercial name TYPE BY, with a registered business address at Mechelsesteenweg 25, B-2018, Antwerp, Belgium, with a business registration number BE0894904974 (further referred to “Type Tailors” (A) when You click on the area marked “I agree to all terms and conditions of the applicable Licence Agreement(s)” or similar language or when You accept the Agreement by other means (for instance referring to the Agreement in a purchase order, a confirmation email, via a download link, or email attachment, etc.) or, (B) ) if You are purchasing / obtaining the Font Software on a CD-ROM, DVD or other storage media when You open the package in which the Font Software is contained. If You do not wish to be bound by the Agreement, or if You cannot, or do not agree to the terms of this Agreement, do not purchase, access, download, install, or use the Font Software.

You hereby agree to the following:

1. Definitions:

   “Font”, “Fonts”, “Font Software” have identical meanings in this Agreement. They mean the designs of the Fonts, including but not limited to alphanumeric glyphs, symbols, ideographs, dingbats or other art forms; the software identified on Your Sales Invoice, and/or instructions which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Font Software shall include all bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. Font Software includes upgrades or updates (each of which may be provided to You by TYPE TAILORS in its sole discretion), related files, permitted modifications, permitted copies, and related documentation.

   “Broadcast”, “Broadcasting” means any visual transmission of information, promotional, non-fiction, entertainment audiovisual content via television, internet, film or other audiovisual media.

   “Broadcast Media” means any audiovisual content – non-fiction or entertainment – including but not limited to advertising content in the form of videos/short films/television commercials (TVCs) or similar format marketing communications relating to Your organization, product, or service You own or provide, or are legally entitled to market or sell, intended for unpaid promotion or paid advertising placement.

   “Commercial Product” means an electronic document or data file created by Use of the Font Software, which is offered for distribution to the public at large (or to some subset of the general public) as a commercial product or other result of Your business activity.

   “Derivative Work” means binary data based upon or derived from Font Software (or any portion of Font Software) in any form in which such binary data may be recast, transformed, or adapted, including, but not limited to, binary data in any format into which Font Software may be converted.

   “ePub” EPUB means an electronic publication that might use the “.pdf” or ".epub" file extensions. An EPUB Publication consists of one or more Renditions of its content. “Internal Business Use or Personal Use” shall mean Use of the Font Software for Your customary, internal business purposes or personal use, and, except as may be otherwise permitted herein, shall not mean the commercial distribution or use of Font Software or any component thereof in any Commercial Product whatsoever.

   “SaaS” SaaS means “Software-as-a-Service”, a model of software deployment whereby a provider licenses an application to customers for use as a service on demand. “Sales Invoice” means the electronic document You receive as confirmation of the Fonts purchased. The Sales Invoice identifies, amongst others: the Licensor, the Licensee, the licensed Font Software, and the licensed Volume tier.

   “TYPE TAILORS” means collectively TYPE TAILORS BVBA – doing business under the commercial name TYPE BY, its successors and assigns, its parent and affiliated corporations, its authorised distributors, and any third party that has licensed to TYPE TAILORS any or all of the components of the Font Software supplied to You according to the Agreement. “TYPE TAILORS” and “TYPE BY” are trademarks of TYPE TAILORS BVBA. All other trademarks are the property of their respective owners.

   “Third-party End User” is defined as an authorised person, who installs and uses the Font Software according to the terms of the font Licence purchased by You on behalf of, and for use by, a third-party End User (for example, not limitation: a third-party End User might be Your customer.) The third-party End User installs and uses the Font Software on one or multiple devices owned by the entity registered on the Sales Invoice for the purposes of work related to the End User’s business.

   “Use”, “Using” The “Use” of the licensed Font Software shall occur when a user is able to give commands (whether by keyboard or otherwise) that are followed by the licensed Font Software, regardless of the location in which the Font Software resides. “Use” of the Font Software shall also occur when the software or instructions are executed.

   “User” is defined as an authorised person who installs and uses the Font Software according to the terms of the font Licence purchased by the End User customer. The User installs and uses the Font Software on one or multiple devices owned by the entity registered on the Sales Invoice for the purposes of work related to the End User’s business.

   “Volume Tier”, “Licence Volume Tier”
   have identical meanings in this Agreement and means the number of workstations/computers licensed by You (and identified on Your Sales Invoice) for installing and using the Font Software on. If You intend to use the Font Software on more equipment than permitted by Your current Volume Tier, You must purchase a Licence for a higher Volume Tier, for an additional fee, prior to using the Font Software.

   “Workstation”, “Computer”, “Computing Device” have identical meanings in this Agreement. They are defined as and refer to a hardware component in which an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software or implement the Font Software, regardless of the location in which the Font Software resides.

   “You”, “Your”, “End User” have identical meanings in this Agreement and are defined as, and refer to, the customer (person, company, or organisation) who has purchased a Licence to install and use the Font Software for the purposes of work related to Your business. An End User is not defined as a distributor, reseller, dealer, sub-licensee, original equipment manufacturer (“OEM”), wholesale buyer, or any similar entity. TYPE TAILORS Font Software and products may not be distributed and/or sold to third parties without prior written consent from TYPE TAILORS. Failure to comply with these terms will represent a breach of the Agreement.

   “KNVB” is defined as and refers to the customer KNVB, with a registered office at Woudenbergseweg 56, 3700 AM Zeist, The Netherlands, and enterprise number 40478591, registered under Dutch laws, represented by its authorized representative, duly authorized to sign this Agreement, acting for KNVB.

   “Supplier”, “You”, “Your”, “Supplier”, “Developer”, and the “Licensee” have identical meanings in this Agreement and are defined as, and refer to, the suppler to KNVB, who, under the terms of this Licence Agreement and upon authorisation by KNVB and Type Tailors BVBA, will be granted a temporary, limited, revocable Developer Desktop Licence to install the Font Software on its computers and use the Font Software for creation and development of designs and documents intended for and in benefit of KNVB.

2. Binding Agreement.

   You are bound by the Agreement, and You acknowledge that all Use of the Font Software supplied to You by Type Tailors is governed by the Agreement.

3. Granted Licence.

   You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) Licence to access the Font Software:

   1. only in a licensed Licence type (Desktop),
   2. only in a licensed Volume tier (for example: 1-5 computers),
   3. only for Your Internal Business Use for creation of designs and documents intended for and in benefit of KNVB,
   4. only subject to all of the terms and conditions of the Agreement.

   Every entity – business, organisation, or consumer – that requires access to Font Software must purchase a Licence in its own name prior to using the Font Software. The Licence granted herein is strictly for use by the licensee – it does not cover or extend to uses by third parties, including but not limited to a subsidiary, affiliate, franchisee, assignee, customer or agent, freelance or independent contractors, or temporary employees using the Font Software in professional environments or for other professional uses.

   If You are a design company, advertising agency, or consultancy working for multiple other third-parties (Customers) other than KNVB and You require access to the Font Software for creating designs and/or documents for those third parties, You must purchase a full commercial Licence in Your own name and appropriate for the intended by You use of the Font Software.

   If You have been mandated to purchase a Licence for use by or on behalf of a third-party End User other than KNVB, You must ensure the Sales Invoice duly identifies the ultimate third-party End User and that the Licence type and Volume Tier is appropriate for the intended use of the Font Software by the third-party End User. It is Your responsibility to ensure the third-party End User receives a copy of this Agreement and is made aware of the obligation to abide by its terms. By purchasing a Licence for use by or on behalf of a third-party End User, You are acting solely as a Billing party and do not acquire any rights to use the Font Software. If, when purchasing a Licence for third-parties, You also require access to the Font Software, You must hold a valid Licence in Your own name or, in the absence thereof, purchase an appropriate Licence for Your own use and in Your own name. Failure to comply with these terms will represent a breach of the Agreement.

4. Duration of Agreement.

   This Agreement and/or its terms are perpetually valid for the duration of Your contractually defined work for KNVB. As long as Your use of Font Software remains within the limits of the acquired Volume Tier, the Licence type has remained unchanged, and all terms of this Agreement are adhered to, You may use the Fonts in perpetuity with no further licensing costs, for the duration of Your valid status of supplier to KNVB.

5. Permitted Uses and Restrictions.

   Installation.
   The Fonts may be installed on the number of computers identified on Your Sales Invoice. By way of example, not limitation, purchasing a 1-5 Computer Licence allows for the installation of the Font Software on up to five (5) Computers owned by the Licensee. It is Your responsibility to ensure all Users of Font Software within Your organisation or household understand and abide by the terms of this Licence Agreement. Any breach of this Agreement by users within Your company/organisation/household will be deemed a breach by You. You must ensure that former Users, such as former employees or decommissioned devices, cease to use the Font Software by deleting the Font Software from those devices and/or electronic storage linked to the former User/s, including email communications.

   Use of the Font Software in more than one geographic location is permitted, provided that each geographic location, computing device or potential computing device is licensed. You are not entitled to a refund, offset or other adjustments in the event of a reduction in the number of computing devices or a reduction of the number of geographic locations.

   If Your organisation requires a higher Volume Tier, a Licence upgrade must be obtained from TYPE TAILORS accordingly as to reflect this Volume increase. Uploading the Font Software to Your Adobe Creative Cloud account for serving multiple computing devices is allowed, provided You first ensure the total number of computing devices - physical as well as those linked to Your Adobe Creative Cloud - do correspond with the maximum number of computing devices registered on Your Sales Invoice. Under the circumstances when Your total number of devices - physical and Adobe Creative Cloud - is expected to be higher than Your Licence allows, You are required to obtain additional licences or a licence upgrade appropriate for Your higher usage. You agree that the installation of Font Software on a greater total number of computing devices than the maximum number Your Licence allows - including, but not limited to, the installation of Font Software on Your computing devices via Adobe Creative Cloud - represents an unauthorised use of the Font Software and represents a breach of this Licence Agreement. The Font Software may not be stored or used in any manner that makes it accessible to the public or non-licensed or unauthorised third parties, such as GitHub or similar platforms.

   Font Formats.
   The Font Software will be transmitted for Your use in the Opentype (“OTF”) and/or TrueType (“TTF”) formats. The Licence Agreement grants You rights of use to the Font Formats delivered with Your order only and does not extend to any other - legacy or yet-to-be-invented - formats.

   Specific legacy formats may be available for production and licensing on request as a paid service, subject to studio availability. Should You opt to license additional font formats, they will be governed by another Licence Agreement or an addendum to this Agreement.

   Should new font formats be invented, developed, or emerge in the future, they will be governed by another Licence Agreement. Should You require those new font formats, You must license them additionally.

   Embedding Font Software and Representations of Typeface and Typographic Designs and Ornaments Except as may be otherwise prohibited herein, You are permitted to electronically distribute an “Internal KNVB Business Use” document (that is, a document other than a Commercial Product as defined above) that is: i) in a static graphic image (for example, a “gif”) or in an embedded electronic document, and ii) which is distributed in a format that permits only the viewing and printing (and not the editing, altering, enhancing, modifying or extraction of the Font Software) of such static graphic image or an embedded document.

   You may not embed static graphic images into an electronic document (for example, a “gif”) with a representation of a typeface and typographic design or ornament created with the Font Software if such images are used as a replacement for Font Software, i.e. as long as the representations do correspond to individual glyphs of the Font Software and may be individually addressed by the document to render such designs and ornaments.

   Authorised Use.
   Authorised uses of the Font Software include the creation of designs and documents exclusively commissioned by KNVB and for KNVB’s use: newspapers, booklets, brochures, books, and magazines; print advertising; layouts for vinyl or printed signage; billboards, posters, banners; logos and logotypes; corporate branding and annual reports; layouts for billboards and digital screens (non-interactive, non-embedding); presentations (Keynote / Powerpoint); layouts of audiovisual material (no Broadcasting).

   Under the terms of this Developer Licence, You are also not allowed to publish and post social media content that uses the Font Software. If You require publishing content on social media, solely on the social media accounts owned by the You, on social media platforms, such as, by way of example, not limitation: LinkedIn, FB, IG, X (Twitter), etc., You must hold a full commercial Desktop Licence with Social media Addendum, or in the absence thereof, purchase such a Licence in Your own name and for the appropriate to You use.

   Under the terms of this Licence, You are allowed to embed the Font Software in KNVB ePub publications, solely published by KNVB. The embedding of the Font Software must be carried out in a secure manner, under non-editable and non-installable settings, preventing any unauthorized and/or third-party access to the Font Software.

   Under the terms of this Licence, You are also allowed to upload and use the Font Software in SaaS, such as Canva/Figma or SaaS reporting tools, under the condition that these SaaS services are contracted by KNVB, for KNVB’s internal business use. The upload, storage, and deployment of the Font Software to KNVB SaaS must be carried out in a secure manner, preventing any unauthorized and/or third-party access to the Font Software. Using the Font Software in SaaS for third-party use other than KNVB, and/or in third-party SaaS accounts other than KNVB, is expressly prohibited.

   Under the terms of this Licence, You are not allowed to publish, broadcast, and stream audiovisual content/broadcasting media, that uses the Font Software on online channels, TV networks, streaming services and platforms, etc, such as, by way of example, not limitation: Youtube, Vimeo, LinkedIn, tiktok, IG TV, FB TV, X (Twitter), Snapchat, etc. If You require to Broadcast audiovisual material that uses Font Software, You must hold a full commercial Broadcasting Licence in Your own name, or in the absence thereof purchase a Broadcasting Licence in Your own name and required volume.

   Embedding the Font Software in Digital Ads, Mobile Apps, Websites, Web Apps, Gaming, OEM hardware and software is not allowed under the terms of this Developer Desktop Licence. If You require the Font Software for the above use, please contact TYPE TAILORS to secure appropriate licensing.

   Copies.
   You may make two (2) backup copies of Font Software for archival purposes only, and You agree to retain exclusive custody and control over any such copy and take all reasonable steps to prevent any third-party access to these copies. If You discover or are made aware of any unauthorised access and/or use of the backup copies by an unlicensed third party, You agree to inform TYPE TAILORS as soon as possible. Backup copies must contain the same naming, formats, subsets, documentation, copyright, trademark, and other proprietary notices that appear on, in or with the initially licensed Font Software. Upon termination of the Agreement, You must destroy the original and any and all copies of the Font Software.

   Uploading the Font Software or Font Software copies to GitHub repositories or similar is expressly prohibited and represents unauthorised sharing and distribution of the Font Software. The unauthorised sharing, distribution, assignment, sub-licensing, lending, renting, sale and resale, or other unauthorised use or misuse of the backup copy, represents a material breach of this Agreement and will result in the immediate termination of this Licence. You will indemnify TYPE TAILORS for all costs, damages, or losses incurred as a result of Your failure to comply with this clause.

   Web Fonts, @font-face and Font Linking.
   Using TYPE TAILORS Font Software with the CSS rule @font-face, Cufòn, or other forms of font linking, regardless of format, are strictly prohibited under this Agreement. If You require to use the Font Software as Web fonts, You must hold a valid Licence in Your own name or in the absence thereof, purchase a separate Web Font Licence and accompanying software for this purpose.

   Apps, Games, Hardware, and Software.
   Under this Licence, You may not embed, include, call, serve, or link the Font Software within hardware and software, partially or in full, under any technical mechanism or in any form whatsoever, in: video games, server-side applications, creation of online documents or services, creation of editable/customisable online documents and services, mobile Apps, kiosks, POS terminals, and OEM products or software. If You wish to use the Fonts for such purposes, contact TYPE TAILORS to secure an appropriate Licensing.

   Server Use.
   Under the terms of this Licence, the Font Software may only be installed or Used on an internal or external (i.e., internet-accessed) server after You have secured appropriate licensing for all Workstations/computers that are able to access such a server.

   The use of Font Software on Publishing Servers is controlled and not permitted under this Licence. If You wish to use the Fonts on Publishing Servers, a separate Licence and accompanying software are available from TYPE TAILORS for this purpose.

   Commercial Printers & Service Bureaus.
   You are advised to provide Your layout to a commercial printer and/or service bureau in an electronic document with embedded Font Software for print and view only. Should You opt to deliver Your layout for print in a document that requires the Font Software, You or the Printer, or Service Bureau must purchase a limited DTP licence available for this purpose from TYPE TAILORS. If You require the Font Software for use in these circumstances, please contact TYPE TAILORS to secure appropriate licensing.

   Restriction of Alphabet Products.
   This Licence expressly prohibits the use of the Fonts in the creation of alphabet products such as, but not limited to, house numbers, stamp sets, rub-on letters, keyring letters, adhesive alphabet letters, alphabet punch- and die sets, or other methods and/or techniques of use in manufacturing such products. If You wish to use the Fonts for such purposes, contact TYPE TAILORS to make appropriate licensing arrangements.

   Protection.
   You agree to use reasonable measures to protect the Fonts from access and use by unlicensed or unauthorised third parties. You agree not to facilitate or transmit any electronic document to any parties that intend to edit, alter, enhance, modify, “hack”, or otherwise remove the Font Software. If You detect or become aware of any unauthorised access and/or use by an unlicensed or unauthorised third party, You agree to notify TYPE TAILORS as soon as is possible.

   The Font Software may not be used to create or distribute any electronic document in which the Font Software, or any part thereof, is embedded in a format that permits editing, alterations, enhancements, or modifications or extraction of the Font Software by the recipient.

   Modifications.
   You are allowed to create outline artworks based upon the Font Software for KNVB’s Business Use. This Licence expressly prohibits the use of any program and/or software designed to or facilitating font-creation or font-manipulation. You may not attempt to, or alter, amend, or modify the Font Software and the designs embodied therein in any possible way, including but not limited to the purpose of creating derivative and/or substitute versions of the Font Software. You are expressly prohibited from modifying, adapting, translating, reverse engineering, decompiling, disassembling, altering, or otherwise attempting to discover the source code of the Font Software and/or the designs embodied therein. You hereby agree not to commission, assign, or authorise – directly or indirectly – any third party to undertake modifications to the Font Software.

   Creating, generating, or converting the Font Software into additional or other formats or into files intended for use in other operating systems is expressly prohibited. Any alterations or amendments to the naming and/or embedding bits characteristics of the Font Software is expressly prohibited.

   Subsetting.
   You are not allowed to perform character set subsetting. Customised subsetted variants of the Font Software may only be created by TYPE TAILORS on request, as a service, subject to studio availability.

   Controlled use.
   Use of TYPE TAILORS Font Software in the following circumstances and/or applications is not permitted without first obtaining the appropriate Licence or Licence upgrade:

   • installation on desktop and laptop computing devices
   • use on websites
   • use in digital Ads
   • embedding in apps
   • embedding in software
   • embedding in electronic devices
   • embedding in ePub
   • server use
   • SaaS use
   • social media use
   • gaming use
   • broadcasting and streaming of audio-visual titles
   • use in retail and merchandise
   • alphabet and/or letterform-related products intended for resale
   • letterform creation products or devices intended for resale
   • desktop Licence (limited), intended for service bureaus
   • web Licence (limited), intended for web developers
   • storing, caching, providing access or serving the font software to third parties via the internet for use or display on the internet

   In order to obtain a Licence upgrade, You must contact Type Tailors at: sales@typeby.com for more information. If You are unsure whether Your use of the Font Software is specifically permitted under this Agreement, please contact Type Tailors.

6. Transfer of the Font Software.

   You may not transfer Your rights and obligations under this Agreement to any entity or person (the ‘Transferee’), wholly or in part, at any time, except as expressly provided herein. You expressly agree not to sell, sub-license, re-serve, rent, lease, give away, lend, donate, or further distribute the Font Software and/or its documentation - wholly or in part. Any transfer violating this provision will be null and void from inception.

   You may only transfer all Your rights to use the Web Font Software to another legal entity provided that: i) the transferee has acquired or merged with Your entity and has become an authorized supplier of KNVB, and ii) accepts and agrees to be bound by all the terms and conditions of the Agreement, and iii) You remove and discard all copies of the Font Software, including all copies stored in the memory of a hardware device, or cloud copy. In the event Your legal entity is to merge or is to be acquired by another legal entity that will become an authorized KNVB supplier requiring access to the Font Software, You/the transferee must notify TYPE TAILORS in no less than 10 business days before the transaction. The new entity/Licensee will then be required to acknowledge in writing the required Web domains, the Licence Volume tier, and then sign an addendum to the Agreement to complete the Licence Transfer.

   Should the new entity anticipate and/or require a larger use, and higher Volume Tier than the Tier bound to the original Agreement, or use for own Business use as well as use for third-parties other than KNVB, TYPE TAILORS will require the new entity to pay any related increase in the Licence fee and sign an addendum to the existing Agreement as to confirm the Licence Transfer.

   The Licence Transfer due to Merger & Acquisition is only deemed completed if a Licence Transfer addendum has been duly signed by the Licensor and the new Licensee. Failure to timely notify TYPE TAILORS about the impending Merger & Acquisition transaction, as well as failure to timely pay the increased Licence Fee – if so required, as well as failure to complete all the steps of the Licence Transfer within the terms herein will represent a breach of the Agreement.

   If You are a professional, business or organisation, You agree that in case of reasonable doubt concerning the proper Use of the Font Software within Your business or organisation, upon request from TYPE TAILORS or its authorised representative, You will, within thirty (30) days, fully document and certify that Use of any and all TYPE TAILORS Font Software at the time of the request is in conformity with Your valid licences from TYPE TAILORS.

7. Intellectual and Industrial Property Rights.

   You agree that the Font Software is protected by the copyright law and other intellectual and industrial property rights of the Kingdom of Belgium, by the copyright law and other intellectual and industrial property rights of other countries, and by international treaties. You agree to not copy the Font Software except as expressly provided herein. You agree not to adapt, modify, alter, translate, convert, or otherwise change the Font Software or to create Derivative Works from Font Software or any portion thereof. You further agree not to use Font Software in connection with software and/or hardware which create Derivative Works of such Font Software.

   You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or instructions of the Font Software, provided, however, that if You are located in a European Community member country or any other country which provides rights materially similar to the rights set forth in this provision, You may reverse engineer or decompile the Font Software only to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purpose and only to the extent that sufficient information or replacement font software is not provided in a timely manner free of charge by TYPE BY upon written request). You agree that TYPE TAILORS owns all rights, title and interest in and to the Font Software, its structure, organisation, code, and related files, including all intellectual and industrial property rights therein, such as copyright, design and trademark rights. You agree that the Font Software, its structure, organisation, code, and related files are the property of TYPE TAILORS and that any Use of the Font Software not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights.

   You agree to use trademarks associated with the Font Software according to accepted trademark practice, including identification of the trademark owner’s name. Trademarks can only be used to identify printed output produced by the Font Software. The use of any trademark as herein authorised does not give You any rights of ownership in that trademark, and all use of any trademark shall inure to the sole benefit of TYPE TAILORS. You may not change any trademark or trade name designation for the Font Software.

8. Limited Warranty.

   TYPE TAILORS warrants to You that the Font Software will perform substantially in accordance with its documentation for thirty (30) days following delivery of the Font Software. To make a warranty claim, You must, within the thirty (30) day warranty period, notify TYPE TAILORS in writing, together with a copy of Your Sales Invoice and sufficient information regarding Your acquisition of the Font Software to permit the confirmation of the effective date of this Licence.

   TYPE TAILORS and its suppliers do not and cannot warrant the performance or results You may obtain by using the Fonts. It is Your responsibility to ensure that the Fonts are fit for Your purpose. TYPE TAILORS hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. TYPE TAILORS does not warrant that the operation of the font software will be uninterrupted or error-free or that the font software is without defects. Under no circumstances shall TYPE TAILORS be liable to You or any other party for any damages (including but not limited to special, consequential, incidental damages, lost profits, savings or business interruption as a result of the use of the font software, even if notified in advance of such possibility. You hereby agree that Your entire, exclusive, and cumulative liability and remedy shall be limited to the cost of the Font Software or replacement thereof, either of each remaining at TYPE TAILORS’s discretion. Under no circumstances shall TYPE TAILORS’s liability to You exceed either the refunding of the cost of the Font Software or replacement of the Font Software, either of which shall be at TYPE TAILORS’s sole discretion.

   Consumers only: Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, special damages, or implied warranties. Any implied warranty or other right created by law is only effective for the shortest warranty period allowed by law. No warranties or conditions of any kind apply thereafter. In the alternative and to the extent permissible by law, You agree that all implied warranties are not to be effective for more than thirty (30) days.

   All sales of Font Software are final. The Font Software may not be returned, exchanged, or refunded.

9. Indemnification.

   You expressly acknowledge and agree that should You violate any of the terms of this Agreement, TYPE TAILORS shall be entitled to reimbursement of all its costs and expenses incurred to investigate the violation and enforce its rights, including the costs of investigation, settlement, expert witnesses and reasonable attorneys’ fees, together with all additional costs incurred in the enforcing or collecting any judgment rendered. The reimbursement of such costs shall be in addition to the damages, remedies and award of costs that may be obtained by judgment under the applicable law.

   You further expressly acknowledge and agree to indemnify and hold harmless TYPE TAILORS, their officers, directors, employees and/or agents against any and all costs, expenses, liabilities, injuries, losses, damages, claims, demands and judgments that arise as a result of any unauthorised use by You of the Font Software and Your breach of this Agreement. This indemnification obligation survives termination of this Agreement.

10. Termination.

    In the event You (or any authorised person within Your company or organization, to whom You have given permission to Use the Font Software) fail to comply with the terms set forth herein, this Agreement shall automatically terminate without the obligation of notice or opportunity to cure. Notwithstanding any termination of this Agreement, TYPE TAILORS expressly reserves any and all other remedies under equity or law, including injunctive relief, without the obligation of bond or other limitations. Should Your Agreement be terminated, upon receiving a notice by regular mail, telefax and/or email, You agree to immediately discontinue using the Font Software and certify that no copies remain in Your possession or control.

11. Choice of law.

    You expressly agree that this TYPE TAILORS Font Software End User Licence Agreement shall be governed by the laws of the Kingdom of Belgium, as they apply to contracts wholly performed therein and without respect to its conflict of laws provisions or the conflict of laws provisions of any other jurisdiction. You expressly submit to the jurisdiction of the courts in the District chosen by TYPE TAILORS. You hereby expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

12. Amendments to the Licence Agreement.

    TYPE TAILORS expressly reserves the right to amend or modify this Licence Agreement at any time and without prior notification to the extent permitted by law. By way of example, not limitation, such modifications may reflect changed or new Volume Tiers and/or changes in technology that would otherwise impair or render obsolete provisions in this Agreement. The Agreement may only be amended in writing, signed by an authorised representative of TYPE TAILORS and will be made available at typeby.com. Should You not agree to the modified terms yet choose to continue to use the Font Software, Your actions will breach the Agreement. This Agreement may, at TYPE TAILORS’s sole discretion, be enforced by an authorised agent acting on its behalf.

    You acknowledge and agree that this is the complete and exclusive statement of the Agreement between TYPE TAILORS and You, which supersedes any proposal or prior Agreement, oral or written, as well as any other communications relating to the subject matter of this Agreement. No variation of the terms of this Agreement or any different terms will be enforceable against TYPE TAILORS in the absence of an express written amendment or consent, including a written express waiver of the affected terms of this Agreement.

    If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by TYPE TAILORS with a provision that affects the intent of the invalid provision.

13. Contact.

    All inquiries may be sent via e-mail to hello@typeby.com. Type Tailors’s website is located at www.typeby.com.

Webfont Software End User License Agreement – Authorised Developer to KNVB

Please read this document carefully before agreeing to be bound. We recommend that You print a copy for further reference. Additionally, please read our Privacy Policy for more information on how TYPE TAILORS treats Your data. The Privacy Policy covers the Licence Agreements of TYPE TAILORS.

1. Definitions
2. Binding Agreement
3. Granted Licence
4. Duration of Agreement
5. Permitted Uses and Restrictions
6. Transfer of the Font Software
7. Intellectual and Industrial Property Rights
8. Limited Warranty
9. Indemnification
10. Termination
11. Choice of law
12. Amendments to the Licence Agreement
13. Contact

This Font Software End User Licence Agreement (further referred to as the “Agreement”, “EULA”, “Licence”, or “Licence Agreement”) becomes a binding legal agreement between You – the authorized Supplier to KNVB – and Type Tailors BVBA, doing business under the commercial name TYPE BY, with a registered business address at Mechelsesteenweg 25, B-2018, Antwerp, Belgium, with a business registration number BE0894904974 (further referred to “Type Tailors” (A) when You click on the area marked “I agree to all terms and conditions of the applicable Licence agreement(s)” or similar language or when You accept the Agreement by other means (for instance referring to the Agreement in a purchase order, a confirmation email, via a download link, or email attachment, etc.) or, (B) if You are purchasing / obtaining the Font Software on a CD-ROM, DVD or other storage media when You open the package in which the Font Software is contained. If You do not wish to be bound by the Agreement, or if You cannot, or do not agree to the terms of this Agreement, do not purchase, access, download, install, or use the Font Software.

You hereby agree to the following:

1. Definitions:

   “Font”, “Fonts”, “Font Software” have identical meanings in this Agreement. They mean the designs of the Fonts, including but not limited to alphanumeric glyphs, symbols, ideographs, dingbats or other art forms; the software identified on Your Sales Invoice, and/or instructions which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Font Software shall include all bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. Font Software includes upgrades or updates (each of which may be provided to You by TYPE TAILORS in its sole discretion), related files, permitted modifications, permitted copies, and related documentation.

   “Commercial Product” means anything other than web pages of KNVB Web Domain or KNVB Test Web Domain, created by Use of the Font Software, which is offered for distribution to the general public (or to some subset of the general public) in exchange for a separate fee or other consideration.

   “Application” means any software program which allows a Web site visitor to Use or access the licensed Web Font Software to create a document or file or to change the selection of licensed Web Font Software or any other software used in or accessed by any document or file, including but not limited to server pages, web pages, documents and/or web-based documents.

   “Active Subscriber” is defined as anyone in Your subscriber database who is currently “subscribed” to receive Your Email Marketing.

   “Derivative Work” means binary data based upon or derived from the licensed Web Font Software (or any portion of the licensed Web Font Software) in any form in which such binary data may be recast, transformed, or adapted, including, but not limited to, binary data in any format into which the licensed Web Font Software may be converted.

   “Digital Ads”, “Dynamic Web-based Advertising” means online advertising that requires ‘live’ Fonts to be served to that advertising content, e.g. web banner. This may be required if an ad is updated regularly to promote new or changing special deals, offers, etc. Web advertising, where the Fonts are used within static images, always requires a Desktop Font Licence.

   “Domain”, “Web Domain”, “Domain Name”, “Internet domain name” have identical meanings in this Agreement and represents a string of typographic characters used to describe the location of a specific location online - the Uniform Resource Locator or URL. A domain name is typically considered to be the address of a specific Website. The Domain may be comprised of one unique second-level Domain name (as in “mydomainexample” of https://www.mydomainexample.com), multiple top-level Domains (as in .com, .org, .be), and multiple sub-Domains (as in “shop” of shop.mydomainexample.com, or “blog” of blog.mydomainexample.com). Under the terms of this Licence Agreement, You must own the licensed Domain and control the Website’s content.

   “Editing” means any text input that is displayed using the licensed Web Font Software. For the avoidance of doubt, Editing includes the insertion of text into a form field.

   “Email Marketing” is any communication, including a Newsletter, sent out by You via email to a group of recipients or subscribers that may customarily be Your customers or clients, or prospective customers or clients.

   “Page View” is one request for the viewing of a page on Your Website.

   “Sales Invoice” means the electronic document You receive as confirmation of the Fonts purchased. The Sales Invoice identifies, amongst others: the Licensor, the Licensee, the licensed Font Software, the licensed web domain, and the licensed Volume tier.

   “Third-party End User” is defined as an authorised entity (person, company, or organisation) that uses the Web Font Software on a Web domain owned by this entity, in accordance with the terms of the Licence purchased by a customer on behalf of and for Use by, a third-party End User (for example, not limitation: a third-party End User might be Your customer.) On the Sales Invoice the third-party End User is identified as the “Licensee”.

   “TYPE TAILORS” means collectively TYPE TAILORS BVBA – doing business under the commercial name TYPE BY, its successors and assigns, its parent and affiliated corporations, its authorised distributors, and any third party that has licensed to TYPE TAILORS any or all of the components of the Font Software supplied to You according to the Agreement. “TYPE TAILORS” and “TYPE BY” are trademarks of TYPE TAILORS BVBA. All other trademarks are the property of their respective owners.

   “Use”, “Using” The “Use” of the licensed Web Fonts shall occur when a user is able to give commands (by keyboard or otherwise) that are followed by the licensed Web Font Software, regardless of the location in which the licensed Web Font Software resides. “Use” of the licensed Web Fonts shall also occur when the software or instructions are executed.

   “User” is defined as an authorised person who uses the Web Font Software in accordance with the terms of the font licence purchased by the customer.

   “Volume tier”, “Licence Volume tier”
   have identical meanings in this Agreement and represent the maximum monthly page views allowed by Your Licence for Use on Your Website/Web domain (identified on Your Sales Invoice) and/or Email marketing related to Your Website/Web domain. If You intend to use the Web Font Software on more web domains or on a greater number of maximum monthly page views than permitted by Your current Volume tier, You must purchase a Licence for the additional domain/s and/or a higher Volume tier, for an additional fee, prior to using the Web Font Software. “Web Font”, “Web Font Software” have identical meanings in this Agreement. They mean Font Software that has been created, optimised, translated, or otherwise specially engineered for Use on the Internet for styling or viewing text on a Website.

   “Website”, “Websites” is defined as a collection of web pages, images, videos or other digital assets that are organised under a single Web Domain and hosted on one or more web servers, accessed from a common root Uniform Resource Identifier (URI) which: i) Uses or accesses the licensed Web Font Software in its web pages, ii) does not in any way enable the permanent installation of the licensed Web Font Software by Website visitors on any printer or display which displays a screen image created by Use of or access to the licensed Web Font Software, and iii) reasonably restricts access to licensed Web Font Software from Use or access by web pages or any document not originating from such Websites. The Website may be viewed with a web browser and/or via a web-based mobile app provided that the Web Font Software is not included or embedded, as explained in section 3. A web-based mobile app is restricted to operating on a hand-held device running one of the following operating systems: Android, bada, Blackberry OS or Blackberry 10, Brew, iOS, Symbian OS, Windows Phone or Windows RT.

   “Website User” is a visitor to Your Website.

   “You”, “Your”, “End User” have identical meanings in this Agreement and are defined as, and refer to, the party (person, company, or organisation) who is a temporary or permanent supplier to KNVB, and has been granted a Developer Web Licence to use the Web Font Software on KNVB website/Web domain/Test Web domain. Under the provisions of this Developer Web Licence, KNVB must own the web domain/s the fonts will be used on and control the content of the licensed KNVB Web Domain/s. An End User is not defined as a distributor, reseller, dealer, sub-licensee, original equipment manufacturer (“OEM”), wholesale buyer, or any similar entity. TYPE TAILORS Font Software and products may not be distributed, donated, lent, assigned, offered for free and/or sold to third parties without prior written consent from TYPE TAILORS. Failure to comply with these terms will represent a breach of the Agreement.

   “KNVB” is defined as and refers to the customer KNVB, with a registered office at Woudenbergseweg 56, 3700 AM Zeist, The Netherlands, and enterprise number 40478591, registered under Dutch laws, represented by its authorized representative, duly authorized to sign this Agreement, acting for KNVB.

   “Supplier”, “You”, “Your”, “Supplier”, “Web Developer”, “Developer”, and the “Licensee” have identical meanings in this Agreement and are defined as, and refer to, the suppler to KNVB, who, under the terms of this Licence Agreement and the License Agreement with KNVB signed on 20.09.2024, and upon authorisation by KNVB and Type Tailors BVBA, will be granted a temporary, limited, revocable Developer Web License to use the Web Font Software in KNVB website development on web domains owned by KNVB, intended for and in benefit of KNVB.

2. Binding Agreement

   You are bound by the Agreement, and You acknowledge that all Use of the licensed Web Font Software supplied to You by TYPE TAILORS is governed by the Agreement.

3. Granted Licence

   You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) Developer Licence to access the Web Font Software only on the Website/web domain which is owned and/or controlled by KNVB and is registered on Your Sales Invoice, and only using the @font-face selector in CSS files, subject to all of the following terms and conditions:

   1. You may only link to, or put online, the version of a licensed Web Font Software supplied by TYPE TAILORS.

   2. You may only Use the licensed Web Font Software in a protected environment, for KNVB website development and testing purposes.

   3. You may not Use the licensed Web Font Software:

      1. on web domains owned by You or third-parties, other than KNVB;
      2. in, as a part of, or in conjunction with an Application;
      3. for Editing;
      4. in a Commercial Product, or
      5. with technologies other than @font-face, such as sIFR, Cufón or Typeface.js.

   4. You may not use conversion or editing tools on the licensed Web Font Software.

   5. You must retain the trademark, copyright and other legal information provided in the sample HTML/CSS/Javascript files for each licensed Web Font Software in Your working Website code.

   6. You must retain the page view and unique user statistics for all KNVB Websites/web domains that Use the licensed Web Font Software and the statistics of KNVB monthly eMail Marketing Active Subscribers, if applicable.

   7. The total monthly traffic permitted by Your Volume tier, is measured in maximum monthly page views per each licensed Website/web domain that Uses licensed Web Font Software and/or the total number of monthly Test Subscribers to the newsletter/eMail Marketing linked to the KNVB web domain, registered on Your sales Invoice. The sum of Your maximum monthly page views and the newsletter Test Subscribers must not exceed the total number of page views specified in the Volume tier registered on Your Sales Invoice.

   You are responsible for ensuring that the licensed Web Font Software can only be used on the KNVB Test Websites/ KNVB Web domains registered on Your Sales Invoice and cannot be used or referenced by any other website than the KNVB Website/ KNVB Test Website/ KNVB Web domain/s registered on Your Sales Invoice. This includes but is not limited to installing adequate technical protection measures that restrict the Use of and/or access to the licensed Web Font Software, for instance, by utilising JavaScript or access control mechanisms for cross-origin resource sharing and protecting against the Use on websites/web domains other than the licensed KNVB Website/ KNVB Test Website/ KNVB Web domain, by restricting domain access only to the KNVB Website/ KNVB Web domain. The failure to adequately protect the licensed Web Font Software used for KNVB Website/ KNVB Test Website/ KNVB Web domain/s against Use on other websites shall be considered a failure to comply with this Agreement.

   You must identify all licensed Web Fonts to visitors of KNVB Websites/Web domain/s only by the licensed Web Font’s original name and in accordance with accepted trademark practice, including identification of the trademark owner’s name. The KNVB Website’s/ KNVB Test Website’s font selection user interface must display the licensed Web Font’s original name(s) and cite the source of the licensed Web Font. You will only use the licensed Web Font Software’s original name(s) to identify a licensed Web Font which will deliver a faithful reproduction of the underlying font and which is of a quality sufficient to meet industry typographic quality standards.

   The Use of any trademark authorised herein does not give You any rights of ownership in that trademark, and all Use of any trademark shall inure to the sole benefit of TYPE TAILORS.

   Every entity – business, organisation, or consumer – that requires access to Web Font Software must purchase a Licence in its own name for Use on its own Website/web domain prior to using the Web Font Software. The Licence granted herein is strictly for Use by the licensee – it does not cover or extend to uses on non- KNVB websites and/or web domains, and/or by third parties, including but not limited to a subsidiary, affiliate, franchisee, assignee, customer or agent, freelance or independent contractors, or temporary employees using the Web Font Software on other websites, in professional environments, for other clients than KNVB, or for other professional uses.

   If You are a Web developer or Web development company, a design company, media company, advertising agency, or consultancy working for a third-party (Customer) Website/web domain other than KNVB and You require access to the Web Font Software, You must purchase a full commercial Licence in Your own name, and appropriate for the intended by You Use of the Web Font Software.

   Individuals, businesses or organisations, such as: advertising agencies, web design agencies or hosting providers that are responsible for multiple clients’ Websites/Web domains, must purchase separate licences and enter into separate Agreements for each client’s Website/Web domain.

   If You have been mandated to purchase a Licence for Use by or on behalf of a third-party End User other than KNVB, You must ensure the Sales Invoice duly identifies the ultimate third-party End User, the web domain/ the Font Software will be used on, the Licence type and the appropriate Volume tier for the intended Use of the Web Font Software by the third-party End User. It is Your responsibility to ensure the third-party End User receives a copy of this Agreement and is made aware of the obligation to abide by its terms. By purchasing a Licence for Use by or on behalf of a third-party End User, You are acting solely as a Billing party and do not acquire any rights to use the Web Font Software. If, when purchasing a Licence for third-parties, You also require access to the Font Software, You must hold a valid Licence in Your own name or, in the absence thereof, purchase an appropriate Licence for Your own use and in Your own name. Failure to comply with these terms will represent a breach of the Agreement.

4. Duration of Agreement.

   This Agreement and its terms are perpetually valid for the duration of Your contractually defined work on the licensed KNVB Web domain, registered on Your Sales Invoice. As long as the Website/Web domain traffic remains within the limits of the Volume tier specified on Your Sales Invoice and all terms of this Agreement are adhered to, You may use the Web Fonts on the licensed KNVB Web domain/ KNVB test domain in perpetuity with no further licensing costs, for the duration of Your valid status of supplier to KNVB.

5. Permitted Uses and Restrictions.

   Permitted Domains and Implementation. The Web Font Software may only be used for styling text and embedding the Web fonts on the KNVB Website/ KNVB Test Website via the CSS @font-face rule for the KNVB Domain / KNVB Test domain specified on Your Sales Invoice.

   You may not use the Web Font Software as a tool or resource for third parties to create customised products or documents: providing the ability for a remote user to edit text using the Font Software is not allowed if the result is a new website, a new document, such as, for example, not a limitation: a personalised document, such as invitations, greeting cards, customised portfolios or customised products. If You wish to use the Web Font Software for such purposes, contact TYPE TAILORS to secure appropriate licensing. You further agree that the Web Font Software may not be served to unlicensed Websites even if they are hosted on a licensed Domain. If You discover or are made aware of any unauthorised access and/or use by an unlicensed third party, You agree to inform TYPE TAILORS as soon as possible.

   Under this Licence, KNVB must own the Domain and control the content of the licensed Websites the Web Font Software will be used on. Your Developer Licence must cover the total number of i) KNVB domains, ii) maximum monthly Page Views across all the pages of KNVB’s Website/s / KNVB Test Websites / KNVB Web domain and/or iii) the total number of monthly Test Subscribers to KNVB Email Marketing.

   Use of the Font Software in more than one KNVB Test Web domain is permitted, provided each Web domain is duly licensed. You are not entitled to a refund, offset or other adjustments in the event of a reduction in the number of KNVB Web domain / KNVB Test Domains or a reduction of the total number of maximum monthly page views.

   Under the terms of this Developer Web Licence, You are allowed to perform technical implementation / embed the Web Font Software in KNVB’s Digital Ads / Dynamic Web-based Advertising in KNVB’s paid or unpaid advertising campaigns, for promotion of KNVB’s organization, and/or KNVB’s products and services.

   Page View Limitations.
   A Page View is one request for viewing a page of KNVB Test Website. The maximum monthly traffic of KNVB Test Website/ KNVB Web domain, measured in Page Views, must not exceed the Volume tier amount shown on Your Sales Invoice. If it does, You must secure a licence upgrade to a higher Volume tier for the increased Page View amount.

   Web Font Software File Protection.
   You agree to use reasonable measures to ensure the Web Fonts are available only for the process of styling text on KNVB Website. At a minimum, and for example, not limitation, reasonable measures include i.) preventing unlicensed third-party access, i.e. hotlinking and ii.) not allowing direct download of the Font Software unrelated to the process of styling text for KNVB Website.

   Third-party platforms or services.
   You may only host and serve the Web Font Software for KNVB Website/Web domain and/or Email Marketing (e.g. Campaign Monitor, MailChimp, or similar) – for developments and testing purposes – provided the Font Software is not used for other purposes – and the terms of this Agreement are strictly adhered to – by You and KNVB’s Email Marketing service provider. At the end of the Email Marketing service provider’s work for KNVB, You and the Provider must delete any font files in their possession from their devices and/or electronic storage, including email. You agree that it is Your responsibility to ensure this process is duly completed and that failure to adhere to these terms will represent Your breach of the Agreement.

   Upload and use the Web Font Software on SaaS service providers platforms – serving KNVB’s accounts and for KNVB’s sole use – such as, for example, not limitation: Canva, Figma, etc, is only permitted under a separate SaaS License. Use of Web Font Software on SaaS for Developer’s own use, or use by the Developer’s clients other than KNVB is not permitted under this Developer Licence and requires a full commercial SaaS Licence. Failure to secure an appropriate SaaS Licence prior to using the Font Software on SaaS services will represent a breach of this Agreement.

   SaaS service providers do not include GitHub repositories or similar. Uploading the Font Software to third-party repositories, such as GitHub or similar providers nd services, is expressly prohibited and represents unauthorised sharing and distribution of the Font Software.

   Font Formats
   The Font Software will be transmitted for Your Use for KNVB in the WOFF and WOFF2 (“.woff”, Web Open Font Format 1.0; “.woff2”, Web Open Font Format 2.0) Font Formats. The Licence Agreement only grants You rights of Use to the Font Formats delivered with Your order only and does not extend to any other - legacy or yet-to-be-invented - formats. The Use of alternate formats (such as TTF or OTF) is expressly prohibited.

   Specific legacy Web formats may be available for production and licensing on request as a paid service, subject to studio availability. Should You opt to license additional font formats, they will be governed by another Licence Agreement or an addendum to this Agreement.

   Should new font formats be invented, developed, or emerge in the future, they will be governed by another Licence Agreement. Should You require those new font formats, You must license them additionally.

   Copies
   You may make two (2) backup copies of Font Software for archival purposes only, and You agree to retain exclusive custody and control over any such copy, and take all reasonable steps to prevent any third-party access to these copies. If You discover or are made aware of any unauthorised access and/or Use of the backup copies by an unlicensed third party, You agree to inform TYPE TAILORS as soon as possible. Backup copies must contain the same naming, formats, subsets, documentation, copyright, trademark, and other proprietary notices that appear on, in or with the initially licensed Font Software. Upon termination of the Agreement, You must destroy the original and any and all copies of the Web Font Software.

   Uploading Font Software copies to GitHub repositories or similar providers and services is expressly prohibited and represents unauthorised sharing and distribution of the Font Software. The unauthorised sharing, distribution, assignment, sub-licensing, lending, renting, sale and resale, or other unauthorised Use or misuse of the backup copy, represents a material breach of this Agreement and will result in the immediate termination of this Licence. You will indemnify TYPE TAILORS for all costs, damages, or losses incurred as a result of Your failure to comply with this clause.

   Development Environment
   You may use the Web Font Software in a secure development environment controlled by You, i.e. the development environment may not be publicly accessible. The secure development environment must be for work specifically related to the KNVB Web domain/s specified on Your Sales Invoice.

   You agree that You may not provide the Web Font Software to a third-party web developer/web development agency for the purposes of styling text on Your Website/Web domain, or websites of third-party clients other than KNVB. If a third-party web developer/web development agency requires access to the Font Software, the Developer/Agency must enter into a separate Licence Agreement in its own name first, and purchase an appropriate Licence. Failure to adhere to these terms will represent Your breach of the Agreement.

   Protection
   You agree to implement and enforce reasonable measures to protect the Font Software from access and Use by unlicensed or unauthorised third parties. You agree not to facilitate or transmit the FontSoftware to third parties or otherwise edit, alter, enhance, modify, “hack”, or remove the Font Software. If You detect or become aware of any unauthorised access and/or Use by an unlicensed or unauthorised third party, You agree to notify TYPE TAILORS as soon as possible.

   Modifications
   This Licence expressly prohibits the Use of any program and/or software designed to or facilitating font-creation or font-manipulation. You may not attempt to, or alter, amend, or modify the Font Software and the designs embodied therein in any possible way, including but not limited to the purpose of creating derivative and/or substitute versions of the Font Software. You are expressly prohibited from modifying, adapting, translating, reverse engineering, decompiling, disassembling, altering, or otherwise attempting to discover the source code of the Font Software and/or the designs embodied therein. You hereby agree not to commission, assign, or authorise – directly or indirectly – any third party to undertake modifications to the Font Software.

   Creating, generating, or converting the Font Software into additional or other formats or into files intended for Use in other operating systems is expressly prohibited. Any alterations or amendments to the naming and/or embedding bits characteristics of the Font Software is expressly prohibited.

   Subsetting
   You are not allowed to perform character set subsetting. Customised subsetted variants of the Font Software may only be created by TYPE TAILORS on request, as a service, subject to studio availability.

   Controlled Use
   Use of TYPE TAILORS Font Software in the following circumstances and/or applications is not permitted without first obtaining the appropriate Licence or Licence upgrade:

   • installation on desktop and laptop computing devices
   • use on websites
   • Use in digital Ads
   • embedding in apps
   • embedding in software
   • embedding in electronic devices
   • embedding in ePub
   • server use
   • SaaS use
   • social media use
   • gaming use
   • broadcasting and streaming of audio-visual titles
   • use in retail and merchandise
   • alphabet and/or letterform-related products intended for resale
   • letterform creation products or devices intended for resale
   • desktop Licence (limited), intended for service bureaus
   • web Licence (limited), intended for web developers
   • storing, caching, providing access or serving the font software to third parties via the internet for Use or display on the internet

   In order to obtain a Licence upgrade, You must contact Type Tailors at: sales@typeby.com for more information. If You are unsure whether Your Use of the Font Software is specifically permitted under this Agreement, please contact TYPE TAILORS.

6. Transfer of the Font Software

   You may not transfer Your rights and obligations under this Agreement to any entity or person (the ‘Transferee’), wholly or in part, at any time, except as expressly provided herein. You expressly agree not to sell, sub-license, re-serve, rent, lease, give away, lend, donate, or further distribute the Font Software and/or its documentation - wholly or in part. Any transfer violating this provision will be null and void from inception.

   You may only transfer all Your rights to use the Web Font Software to another legal entity provided that: i) the transferee has acquired or merged with Your entity and has become an authorized supplier of KNVB, and ii) accepts and agrees to be bound by all the terms and conditions of the Agreement, and iii) You remove and discard all copies of the Font Software, including all copies stored in the memory of a hardware device, or cloud copy. In the event Your legal entity is to merge or is to be acquired by another legal entity that will become an authorized KNVB supplier requiring access to the Font Software, You/the transferee must notify TYPE TAILORS in no less than 10 business days before the transaction. The new entity/Licensee will then be required to acknowledge in writing the required Web domains, the Licence Volume tier, and then sign an addendum to the Agreement to complete the Licence Transfer.

   Should the new entity anticipate and/or require a wider use of Web Font Software, by i) using the Web Fonts on a greater number of Web domains and/or ii) using the Font Software on own or third-party web domains other than KNVB web domains, TYPE TAILORS will require the new entity to purchase an appropriate Licence.

   The Licence Transfer due to Merger & Acquisition is only deemed completed and effective if a Licence Transfer addendum has been duly signed by the Licensor and the new Licensee within no more than thirty (30) days of Merger & Acquisition date. Failure to timely notify TYPE TAILORS about the impending Merger & Acquisition transaction, as well as failure to timely pay the increased Licence Fee – if so required, as well as failure to complete all the steps of the Licence Transfer within the terms herein will represent a breach of the Agreement.

   If You are a professional, business or organisation, You agree that in case of reasonable doubt concerning the proper Use of the Font Software within Your business or organisation, upon request from TYPE TAILORS or its authorised representative, You will, within thirty (30) days, fully document and certify that Use of any and all TYPE TAILORS Font Software at the time of the request is in conformity with Your valid Licenses from TYPE TAILORS.

7. Intellectual and Industrial Property Rights

   You agree that the Web Font Software is protected by the copyright law and other intellectual and industrial property rights of the Kingdom of Belgium, by the copyright law and other intellectual and industrial property rights of other countries, and by international treaties. You agree to not copy the Web Font Software, except as expressly provided herein. You agree not to adapt, modify, alter, translate, convert, or otherwise change the Font Software or to create Derivative Works from Web Font Software or any portion thereof. You further agree not to use the Web Font Software in connection with software and/or hardware which create Derivative Works of such Web Font Software.

   You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or instructions of the Font Software, provided, however, that if You are located in a European Community member country or any other country which provides rights materially similar to the rights set forth in this provision, You may reverse engineer or decompile the Font Software only to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purpose and only to the extent that sufficient information or replacement font software is not provided in a timely manner free of charge by TYPE BY upon written request). You agree that TYPE TAILORS owns all rights, title and interest in and to the Font Software, its structure, organisation, code, and related files, including all intellectual and industrial property rights therein such as copyright, design and trademark rights. You agree that the Font Software, its structure, organisation, code, and related files are the property of TYPE TAILORS and that any Use of the Font Software not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights.

   You agree to use trademarks associated with the Font Software according to accepted trademark practice, including identification of the trademark owner’s name. Trademarks can only be used to identify printed output produced by the Font Software. The Use of any trademark as herein authorised does not give You any rights of ownership in that trademark and all Use of any trademark shall inure to the sole benefit of TYPE TAILORS. You may not change any trademark or trade name designation for the Font Software.

8. Limited Warranty

   TYPE TAILORS warrants to You that the licensed Web Font Software will perform substantially in accordance with W3C specifications for the Use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the http://www.W3.org website as of the date of this Agreement for thirty (30) days following delivery of the Font Software. To make a warranty claim, You must, within the thirty (30) day warranty period, notify TYPE TAILORS in writing, together with a copy of Your Sales Invoice and sufficient information regarding Your acquisition of the Font Software to permit the confirmation of the Licence existence and the effective date of this Licence.

   TYPE TAILORS and its suppliers do not and cannot warrant the performance or results You may obtain by using the Web Font Software. It is Your responsibility to ensure that the Web Font Software fits Your purpose. TYPE TAILORS hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. TYPE TAILORS does not warrant that the operation of the font software will be uninterrupted or error-free or that the font software is without defects. Under no circumstances shall TYPE TAILORS be liable to You or any other party for any damages (including but not limited to special, consequential, incidental damages, lost profits, savings or business interruption as a result of the Use of the font software, even if notified in advance of such possibility. You hereby agree that Your entire, exclusive, and cumulative liability and remedy shall be limited to the cost of the Web Font Software or replacement thereof, either of each remaining at TYPE TAILORS’s discretion. Under no circumstances shall TYPE TAILORS’s liability to You exceed either the refunding of the cost of the Web Font Software or replacement of the Web Font Software, either of which shall be at TYPE TAILORS’s sole discretion.

   Consumers only: Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, special damages, or implied warranties. Any implied warranty or other right created by law is only effective for the shortest warranty period allowed by law. No warranties or conditions of any kind apply thereafter. In the alternative and to the extent permissible by law, You agree that all implied warranties are not to be effective for more than thirty (30) days.

   All sales of Web Font Software are final. The Web Font Software may not be returned, exchanged, or refunded.

9. Indemnification

   You expressly acknowledge and agree that should You violate any of the terms of this Agreement, TYPE TAILORS shall be entitled to reimbursement of all its costs and expenses incurred to investigate the violation and enforce its rights, including the costs of investigation, settlement, expert witnesses and reasonable attorneys’ fees, together with all additional costs incurred in the enforcing or collecting any judgment rendered. The reimbursement of such costs shall be in addition to the damages, remedies and award of costs that may be obtained by judgment under the applicable law.

   You further expressly acknowledge and agree to indemnify and hold harmless TYPE TAILORS, their officers, directors, employees and/or agents against any and all costs, expenses, liabilities, injuries, losses, damages, claims, demands and judgments that arise as a result of any unauthorised use by You of the Font Software and Your breach of this Agreement. This indemnification obligation survives termination of this Agreement.

10. Termination

    In the event You (or any authorised person within Your company or organization, to whom You have given permission to Use the Web Font Software) fail to comply with the terms set forth herein, this Agreement shall automatically terminate without the obligation of notice or opportunity to cure. Notwithstanding any termination of this Agreement, TYPE TAILORS expressly reserves any and all other remedies under equity or law, including injunctive relief, without the obligation of bond or other limitations. Should Your Agreement be terminated, upon receiving a notice by regular mail, telefax and/or email, You agree to immediately discontinue using the Font Software and certify that no copies remain in Your possession or control.

11. Choice of law

    You expressly agree that this TYPE TAILORS Web Font Software End User Licence Agreement shall be governed by the laws of the Kingdom of Belgium, as they apply to contracts wholly performed therein and without respect to its conflict of laws provisions or the conflict of laws provisions of any other jurisdiction. You expressly submit to the jurisdiction of the courts in the District chosen by TYPE TAILORS. You hereby expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

12. Amendments to Licence Agreement

    TYPE TAILORS expressly reserves the right to amend or modify this Licence Agreement at any time and without prior notification to the extent permitted by law. By way of example, not limitation, such modifications may reflect changed or new Volume tiers and/or changes in technology that would otherwise impair or render obsolete provisions in this Agreement. The Agreement may only be amended in writing, signed by an authorised representative of TYPE TAILORS and will be made available at typeby.com. Should You not agree to the modified terms yet choose to continue to use the Font Software, Your actions will breach the Agreement. This Agreement may, at TYPE TAILORS’s sole discretion, be enforced by an authorised agent acting on its behalf.

    You acknowledge and agree that this is the complete and exclusive statement of the Agreement between TYPE TAILORS and You, which supersedes any proposal or prior Agreement, oral or written, as well as any other communications relating to the subject matter of this Agreement. No variation of the terms of this Agreement or any different terms will be enforceable against TYPE TAILORS in the absence of an express written amendment or consent, including a written express waiver of the affected terms of this Agreement.

    If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by TYPE TAILORS with a provision that affects the intent of the invalid provision.

13. Contact

    All inquiries may be sent via e-mail to hello@typeby.com. Type Tailors’s website is located at www.typeby.com.

Mobile App Font Software End User License Agreement – Authorised Developer to KNVB

Please read this document carefully before agreeing to be bound. We recommend that You print a copy for further reference. Additionally, please read our Privacy Policy for more information on how TYPE TAILORS treats Your data. The Privacy Policy covers the Licence Agreements of TYPE TAILORS.

1. Definitions
2. Binding Agreement
3. Granted Licence
4. Duration of Agreement
5. Permitted Uses and Restrictions
6. Transfer of the Font Software
7. Intellectual and Industrial Property Rights
8. Limited Warranty
9. Indemnification
10. Termination
11. Choice of law
12. Amendments to the Licence Agreement
13. Contact

This Font Software End User Licence Agreement (further referred to as the “Agreement”, “EULA”, “Licence”, or “Licence Agreement”) becomes a binding legal agreement between You – the authorised Supplier to KNVB – and Type Tailors BVBA, doing business under the commercial name TYPE BY, with a registered business address at Mechelsesteenweg 25, B-2018, Antwerp, Belgium, with a business registration number BE0894904974 (further referred to “Type Tailors” (A) when You click on the area marked “I agree to all terms and conditions of the applicable Licence agreement(s)” or similar language or when You accept the Agreement by other means (for instance referring to the Agreement in a purchase order, a confirmation email, via a download link, or email attachment, etc.) or, (B) ) if You are purchasing / obtaining the Font Software on a CD-ROM, DVD or other storage media when You open the package in which the Font Software is contained. If You do not wish to be bound by the Agreement, or if You cannot, or do not agree to the terms of this Agreement, do not purchase, access, download, install, or use the Font Software.

You hereby agree to the following:

1. Definitions:

   “Mobile Application”, “Mobile App”, “Application”, “App” The “Mobile Application” or “App” means the Application software designed to run and function on various operating systems and software platforms. This Developer App Font Licence covers the Use of Font Software in the Application/s solely owned by KNVB, that runs on the Operation Systems and platforms KNVB requires. For example, not limitation, if the KNVB App “MyAppExample” runs on iOS and Android OS, and You are developing the App for both of these platforms, Your Developer Licence is granted for both of these Operation Systems. Failure to comply with these terms will represent a breach of the Agreement.

   “Mobile App Font Software”, “Mobile Application Font Software, “App Font Software” have identical meanings in this Agreement. They mean the Font Software has been created, optimised, translated or otherwise specially modified for embedding within an Application/Mobile App for styling, viewing or editing text.

   “Font”, “Fonts”, “Font Software” have identical meanings in this Agreement. They mean the designs of the Fonts, including but not limited to alphanumeric glyphs, symbols, ideographs, dingbats or other art forms; the software identified on Your Sales Invoice, and/or instructions which, when used on an appropriate device or devices, generates typeface and typographic designs and ornaments. Font Software shall include all bitmap representations of typeface and typographic designs and ornaments created by or derived from the Font Software. Font Software includes upgrades or updates (each of which TYPE TAILORS may provide You at its sole discretion), related files, permitted modifications, permitted copies, and related documentation.

   “Derivative Work” means binary data based upon or derived from the licensed App Font Software (or any portion of the licensed App Font Software) in any form in which such binary data may be recast, transformed, or adapted, including, but not limited to, binary data in any format into which the licensed App Font Software may be converted.

   “Sales Invoice” means the electronic document You receive as confirmation of the Fonts purchased, or downloaded under this Developer Licence. The Sales Invoice identifies, amongst others: the Licensor, the Licensee, the licensed Font Software, the licensed App / Operational System/platform, and the licensed Volume tier.

   “TYPE TAILORS” means collectively TYPE TAILORS BVBA – doing business under the commercial name TYPE BY, its successors and assigns, its parent and affiliated corporations, its authorised distributors, and any third party that has licensed to TYPE TAILORS any or all of the components of the Font Software supplied to You according to the Agreement. “TYPE TAILORS” and “TYPE BY” are trademarks of TYPE TAILORS BVBA. All other trademarks are the property of their respective owners.

   “Third-party End User” is defined as an authorised entity (person, company, or organisation) that uses the Font Software for Mobile Applications according to the terms of the Licence purchased by a customer on behalf of, and for Use by, a third-party End User (for example, not limitation: a third-party End User might be Your customer.) On the Sales Invoice the third-party End User must be identified as the “Licensee”.

   “User”, “Application User”, “App User”, “End User” is the user of KNVB Application.

   “Downloads”, “Application Downloads, “App Downloads”, have identical meanings in this Agreement. They represent the total number of downloads of KNVB Application by KNVB App Users.

   “Volume tier”, “Licence Volume tier”
   have identical meanings in this Agreement and represent the total number of Application Downloads per each Operation System and/or platform allowed by Your Licence. The Volume tier of KNVB Licence, Application name, Operation System and platform are identified on Your Sales Invoice.

   If You intend to embed the Font Software in Mobile Applications not owned by KNVB, You must purchase a full commercial Licence for the additional Apps and Operation Systems / Platforms, for a fee, prior to using the Font Software in these Applications / Operation Systems / Platforms.

   “App User” is a visitor to KNVB App.

   “You”, “Your”, “End User” have identical meanings in this Agreement and are defined as, and refer to, the party (person, company, or organisation) who is a temporary or permanent supplier to KNVB, and has been granted a Developer Licence to use and embed the Font Software in a KNVB Mobile Application. Under the provisions of this Developer App Licence, KNVB must own the App/s the fonts will be used on and control the content of the licensed KNVB Mobile Application. An End User is not defined as a distributor, reseller, dealer, sub-licensee, original equipment manufacturer (“OEM”), server administrator, or other wholesale buyer of software or any other similar entity. TYPE TAILORS Font Software and products may not be distributed, donated, lent, assigned, offered for free and/or sold to third parties without prior written consent from TYPE TAILORS. Failure to comply with these terms will represent a breach of the Agreement.

   “KNVB” is defined as and refers to the customer KNVB, with a registered office at Woudenbergseweg 56, 3700 AM Zeist, The Netherlands, and enterprise number 40478591, registered under Dutch laws, represented by its authorized representative, duly authorized to sign this Agreement, acting for KNVB.

   “Supplier”, “You”, “Your”, “Supplier”, “App Developer”, “Developer”, and the “Licensee” have identical meanings in this Agreement and are defined as, and refer to, the suppler to KNVB, who, under the terms of this Licence Agreement and upon authorisation by KNVB and Type Tailors BVBA, will be granted a temporary, limited, revocable Developer App Licence to use the App Font Software in KNVB App/s development, intended for and in benefit of KNVB.

2. Binding Agreement.

   You are bound by the Agreement, and You acknowledge that all Use of the licensed App Font Software supplied to You by TYPE TAILORS is governed by the Agreement.

3. Granted Licence.

   You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly permitted herein) Developer Licence to embed the Font Software in an iOS, and/or Android, and/or Windows Phone Application, which is owned and/or controlled by KNVB and is registered on You Sales Invoice, subject to all of the following terms and conditions:

   1. You may only embed the version of a licensed Font Software supplied by TYPE TAILORS.
   2. You may only embed the Font Software in a secure manner, which does not allow an App User to access the Font Software outside of the Application;
   3. You may not distribute an Application to App Users.
   4. You may not Use the licensed App Font Software:
      1. on Desktop or Laptop computers or workstations;
      2. on Web with technologies such as @font-face, sIFR, Cufón, or Typeface.js;
      3. in a Commercial Product, or
      4. for any uses not expressly permitted in this Agreement.
      5. You may not use conversion or editing tools on the licensed App Font Software.
   5. You must retain the App downloads statistics for all Operation Systems/platforms versions of the KNVB App that Use the licensed Font Software, if applicable.
   6. The total number of KNVB App downloads permitted by Your Volume tier must not exceed the total number of App downloads specified in the Volume tier registered on Your Sales Invoice.

   You are responsible for ensuring that the licensed App Font Software can only be used on the KNVB App/s registered on Your Sales Invoice and cannot be embedded in any other App than the App name, Operation System/Platform registered on Your Sales Invoice. This includes but is not limited to installing adequate technical protection measures that restrict the Use of and/or access to the licensed Font Software and protecting against Use on Apps other than the licensed KNVB Apps. The failure to adequately protect the licensed App Font Software used for KNVB App against Use on other Apps shall be considered a failure to comply with this Agreement.

   The Use of any trademark authorised herein does not give You any rights of ownership in that trademark, and all Use of any trademark shall inure to the sole benefit of TYPE TAILORS.

   Every entity – business, organisation, or consumer – that requires access to App Font Software must purchase a Licence in its own name for Use on its own App prior to using the Font Software. The Licence granted herein is strictly for Use by the licensee – within its obligations to KNVB and for KNVB App/s – it does not cover or extend to uses on non- KNVB App/s, and/or by third parties, including but not limited to a subsidiary, affiliate, franchisee, assignee, customer or agent, freelance or independent contractors, or temporary employees using the Font Software on other Apps, in professional environments, for other clients than KNVB, or for other professional uses.

   If You are an App developer or development company, an App design company, a media company, an advertising agency, or consultancy working for a third-party (Customer) App and You require access to the Font Software, You must purchase a full commercial Licence in Your own name, and appropriate for the intended by You Use of the Font Software.

   Individuals, businesses or organisations, such as: App developers, advertising agencies, design agencies, or hosting providers that are responsible for multiple clients’ Apps, must purchase separate full commercial Licences and enter into separate Agreements for each client’s App.

   If You have been mandated to purchase a Licence for Use by, or on behalf of a third-party End User other than KNVB, You must ensure the Sales Invoice duly identifies the ultimate third-party End User, the App name, Operational System and the platform, the Font Software will be embedded in, the Licence type and the appropriate Volume tier for the intended Use of the Font Software by the third-party End User. You are responsible for ensuring the third-party End User receives a copy of this Agreement and is made aware of the obligation to abide by its terms. By purchasing a Licence for Use by or on behalf of a third-party End User, You act solely as a Billing party and do not acquire any rights to use the Font Software. If, when purchasing a Licence for third-parties, You also require access to the Font Software, You must hold a valid Licence in You r own name or, in the absence thereof, purchase an appropriate Licence for You r own use and in You r own name. Failure to comply with these terms will represent a breach of the Agreement.

4. Duration of Agreement.

   This Agreement and/or its terms are perpetually valid for the duration of You r contractually defined work on the licensed KNVB App/s and the Operational Systems / Platforms, registered on Your Sales Invoice. As long as the App’s effective number of downloads remains within the limits of the acquired Volume tier and all terms of this Agreement are adhered to, You may Use the Font Software on the licensed KNVB App and Operational System/platform in perpetuity, with no further licensing costs, for the duration of You r valid status of supplier to KNVB.

5. Permitted Uses and Restrictions.

   Permitted Apps and Implementation
   The App Font Software may be embedded only in a number of KNVB Apps and only in the Operational System/platform specified on Your Sales Invoice. You may use the App Font Software for styling, viewing, and editing text of the KNVB App.

   Use of the Font Software in more than one KNVB App is permitted, provided that each KNVB App is licensed. You must not exceed the number of App Downloads registered on Your Sales Invoice. If You anticipate the volume of Downloads to increase, You must purchase a Licence upgrade to reflect the increased Volume tier prior to reaching the Downloads limit of Your current Volume tier.

   You are not entitled to a refund, offset or other adjustments in the event of a reduction in the number of KNVB Apps, a reduction of the Operational Systems/platforms, and/or the total number of App downloads.

   App Font Software File Protection
   You agree to use reasonable measures to ensure the App Font Software is protected from access and Use by unlicensed and/or unauthorised third parties. If You discover or are made aware of any unauthorised access and/or Use by an unlicensed or unauthorised third party, You agree to notify TYPE TAILORS as soon as is possible.

   Third-party platforms or services
   Upload and use the Font Software on SaaS service providers, such as, for example, but not limitation: Canva, Figma, etc, is only permitted under a separate SaaS Licence. Failure to secure a SaaS Licence prior to using the Font Software on SaaS services will represent a breach of this Agreement.

   SaaS service providers do not include GitHub repositories or similar. Uploading the Font Software to third-party repositories, such as GitHub or similar platforms and providers, is expressly prohibited and represents unauthorised sharing and distribution of the Font Software.

   Font Formats
   The App Font Software will be transmitted for Your Use on KNVB App/s in the TrueType (“TTF”) format, at TYPE TAILORS’s sole discretion.

   The Licence Agreement grants You rights of Use to the Font Formats delivered with Your order only and does not extend to any other - legacy or yet-to-be-invented - formats. Should new font formats be invented, developed, or emerge in the future, and should You require those font formats, You must Licence those formats additionally.

   Copies
   You may make two (2) backup copies of Font Software for archival purposes only, and You agree to retain exclusive custody and control over any such copy and take all reasonable steps to prevent any third-party access to these copies. If You discover or are made aware of any unauthorised access and/or Use of the backup copies by an unlicensed third party, You agree to inform TYPE TAILORS as soon as possible. Backup copies must contain the same naming, formats, subsets, documentation, copyright, trademark, and other proprietary notices that appear on, in or with the initially licensed Font Software. Upon termination of the Agreement, You must destroy the original and any and all copies of the App Font Software.

   Uploading Font Software copies to GitHub repositories or similar services and providers is expressly prohibited and represents unauthorised sharing and distribution of the Font Software. The unauthorised sharing, distribution, assignment, sub-licensing, lending, renting, sale and resale, or other unauthorised Use or misuse of the backup copy, represents a material breach of this Agreement and will result in the immediate termination of this Licence. You will indemnify TYPE TAILORS for all costs, damages, or losses incurred as a result of Your failure to comply with this clause.

   Development Environment
   You may use the App Font Software in a secure development environment controlled by You, i.e. the development environment may not be publicly accessible. The secure development environment must be for work specifically related to the KNVB App/s specified on Your Sales Invoice.

   You agree that You may not provide the App Font Software to a third-party App developer/development agency for the purposes of styling text on Your App. If a third-party App developer/App development agency requires access to the App Font Software, the Developer/Agency must enter into a separate Licence Agreement in its own name first, and purchase an appropriate Licence. Failure to adhere to these terms will represent Your breach of the Agreement.

   Protection
   You agree to implement and enforce reasonable measures to protect the Font Software from access and Use by unlicensed or unauthorised third parties. You agree not to facilitate or transmit the App Font Software to third parties or otherwise edit, alter, enhance, modify, “hack”, or remove the Font Software. If You detect or become aware of any unauthorised access and/or Use by an unlicensed or unauthorised third party, You agree to notify TYPE TAILORS as soon as possible.

   Modifications & Embedding
   This Licence expressly prohibits the Use of any program and/or software designed to or facilitating font-creation or font-manipulation. You may not attempt to, or alter, amend, or modify the Font Software and the designs embodied therein in any possible way, including but not limited to the purpose of creating derivative and/or substitute versions of the Font Software. You are expressly prohibited from modifying, adapting, translating, reverse engineering, decompiling, disassembling, altering, or otherwise attempting to discover the source code of the Font Software and/or the designs embodied therein. You hereby agree not to commission, assign, or authorise – directly or indirectly – any third party to undertake modifications and /or creation of derivative works to the Font Software.

   Creating, generating, or converting the Font Software into additional or other formats or into files intended for Use in other operating systems is expressly prohibited. Any alterations or amendments to the naming and/or embedding bits characteristics of the Font Software is expressly prohibited.

   The embedding or inclusion of TYPE TAILORS Fonts, or the designs forming the Fonts, in software, hardware, digital documents, devices, or any other form not included in the present Agreement is prohibited. If You wish to use the Font Software for such purposes, contact TYPE TAILORS to secure appropriate licensing.

   Subsetting
   You are not allowed to perform character set subsetting. Customised subsetted variants of the Font Software may only be created by TYPE TAILORS on request, as a service, subject to studio availability.

   Controlled Use
   Use of TYPE TAILORS Font Software in the following circumstances and/or applications is not permitted without first obtaining the appropriate Licence or Licence upgrade:

   • installation on desktop and laptop computing devices
   • use on websites
   • Use in digital Ads
   • embedding in apps
   • embedding in software
   • embedding in electronic devices
   • embedding in ePub
   • server use
   • SaaS use
   • social media use
   • gaming use
   • broadcasting and streaming of audio-visual titles
   • use in retail and merchandise
   • alphabet and/or letterform-related products intended for resale
   • letterform creation products or devices intended for resale
   • desktop Licence (limited), intended for service bureaus
   • web Licence (limited), intended for web developers
   • storing, caching, providing access or serving the font software to third parties via the internet for Use or display on the internet

   In order to obtain a Licence upgrade, You must contact Type Tailors at: sales@typeby.com for more information. If You are unsure whether Your Use of the Font Software is specifically permitted under this Agreement, please contact TYPE TAILORS.

6. Transfer of the Font Software.

   You may not transfer Your rights and obligations under this Agreement to any entity or person (the ‘Transferee’), wholly or in part, at any time, except as expressly provided herein. You expressly agree not to sell, sub-license, re-serve, rent, lease, give away, lend, donate, or further distribute the Font Software and/or its documentation - wholly or in part. Any transfer violating this provision will be null and void from inception.

   You may only transfer all Your rights to use the App Font Software to another legal entity provided that: i) the transferee has acquired or merged with Your entity and has become an authorized supplier of KNVB, ii) it has become the owner of the KNVB App/s, and iii) it accepts and agrees to be bound by all the terms and conditions of the Agreement and iv) You remove and discard all copies of the Font Software, including all copies stored in the memory of a hardware device, or cloud copy. In the event Your legal entity is to merge or is to be acquired by another legal entity that will become an authorized KNVB supplier requiring access to the Font Software, You/the transferee must notify TYPE TAILORS in no less than 10 business days before the transaction. The new entity/Licensee will then be required to acknowledge in writing the required Apps/Operational Systems/platforms, the Licence Volume tier, and then sign an addendum to the Agreement to complete the Licence Transfer.

   Should the new entity anticipate and/or require a wider use of App Font Software, by i) using the Font Software on a greater number of Apps, and/or ii) using the Font Software on own or third-party Apps other than KNVB App/s, and/or iii) a greater number of App downloads than the Volume tier licensed in the original Agreement, TYPE TAILORS will require the new entity to purchase an appropriate Licence.

   The Licence Transfer due to Merger & Acquisition is only deemed completed and effective if the Licensor and the new Licensee have duly signed a Licence Transfer addendum within no more than thirty (30) days of the Merger & Acquisition date. Failure to timely notify TYPE TAILORS about the impending Merger & Acquisition transaction, as well as failure to timely pay the increased Licence Fee – if so required, as well as failure to complete all the steps of the Licence Transfer within the terms herein will represent a breach of the Agreement.

   If You are a professional, business or organisation, You agree that in case of reasonable doubt concerning the proper Use of the Font Software within Your business, organisation and/or Your App/s, upon request from TYPE TAILORS or its authorised representative, You will within thirty (30) days fully document and certify that Use of any and all TYPE TAILORS Font Software at the time of the request is in conformity with Your valid licenses from TYPE TAILORS.

7. Intellectual and Industrial Property Rights.

   You agree that the App Font Software is protected by the copyright law and other intellectual and industrial property rights of the Kingdom of Belgium, by the copyright law and other intellectual and industrial property rights of other countries, and by international treaties. You agree to not copy the App Font Software except as expressly provided herein. You agree not to adapt, modify, alter, translate, convert, or otherwise change the App Font Software or to create Derivative Works from App Font Software or any portion thereof. You further agree not to use the App Font Software in connection with software and/or hardware which create Derivative Works of such App Font Software.

   You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or instructions of the Font Software, provided, however, that if You are located in a European Community member country or any other country which provides rights materially similar to the rights set forth in this provision, You may reverse engineer or decompile the Font Software only to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purpose and only to the extent that sufficient information or replacement font software is not provided in a timely manner free of charge by TYPE BY upon written request). You agree that TYPE TAILORS owns all rights, title and interest in and to the Font Software, its structure, organisation, code, and related files, including all intellectual and industrial property rights therein, such as copyright, design and trademark rights. You agree that the Font Software, its structure, organisation, code, and related files are the property of TYPE TAILORS and that any Use of the Font Software not expressly permitted by the Agreement constitutes an infringement of intellectual and industrial property rights.

   You agree to use trademarks associated with the Font Software according to accepted trademark practice, including identification of the trademark owner’s name. Trademarks can only be used to identify printed output produced by the Font Software. The Use of any trademark as herein authorised does not give You any rights of ownership in that trademark, and all Use of any trademark shall inure to the sole benefit of TYPE TAILORS. You may not change any trademark or trade name designation for the Font Software.

8. Limited Warranty.

   TYPE TAILORS warrants to You that the licensed App Font Software will perform substantially in accordance with its documentation for thirty (30) days following delivery of the Font Software. To make a warranty claim, You must, within the thirty (30) day warranty period, notify TYPE TAILORS in writing, together with a copy of Your Sales Invoice and sufficient information regarding Your acquisition of the Font Software to permit the confirmation of the Licence existence and the effective date of this Licence.

   TYPE TAILORS and its suppliers do not and cannot warrant the performance or results You may obtain by using the App Font Software. You are responsible for ensuring that the App Font Software fits Your purpose. TYPE TAILORS hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. TYPE TAILORS does not warrant that the operation of the font software will be uninterrupted or error-free or that the font software is without defects. Under no circumstances shall TYPE TAILORS be liable to You or any other party for any damages (including but not limited to special, consequential, incidental damages, lost profits, savings or business interruption as a result of the Use of the font software, even if notified in advance of such possibility. You hereby agree that Your entire, exclusive, and cumulative liability and remedy shall be limited to the cost of the App Font Software or replacement thereof, either of each remaining at TYPE TAILORS’s discretion. Under no circumstances shall TYPE TAILORS’s liability to You exceed either the refunding of the cost of the App Font Software or replacement of the App Font Software, either of which shall be at TYPE TAILORS’s sole discretion.

   Consumers only: Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, special damages, or implied warranties. Any implied warranty or other right created by law is only effective for the shortest warranty period allowed by law. No warranties or conditions of any kind apply thereafter. In the alternative and to the extent permissible by law, You agree that all implied warranties are not to be effective for more than thirty (30) days.

   All sales of App Font Software are final. The App Font Software may not be returned, exchanged, or refunded.

9. Indemnification

   You expressly acknowledge and agree that should You violate any of the terms of this Agreement, TYPE TAILORS shall be entitled to reimbursement of all its costs and expenses incurred to investigate the violation and enforce its rights, including the costs of investigation, settlement, expert witnesses and reasonable attorneys’ fees, together with all additional costs incurred in the enforcing or collecting any judgment rendered. The reimbursement of such costs shall be in addition to the damages, remedies and award of costs that may be obtained by judgment under the applicable law.

   You further expressly acknowledge and agree to indemnify and hold harmless TYPE TAILORS, their officers, directors, employees and/or agents against any and all costs, expenses, liabilities, injuries, losses, damages, claims, demands and judgments that arise as a result of any unauthorised use by You of the Font Software and Your breach of this Agreement. This indemnification obligation survives termination of this Agreement.

10. Termination.

    In the event You (or any authorised person within Your company or organization, to whom You have given permission to Use the App Font Software) fail to comply with the terms set forth herein, this Agreement shall automatically terminate without the obligation of notice or opportunity to cure. Notwithstanding any termination of this Agreement, TYPE TAILORS expressly reserves any and all other remedies under equity or law, including injunctive relief, without the obligation of bond or other limitations. Should Your Agreement be terminated, upon receiving a notice by regular mail, telefax and/or email, You agree to immediately discontinue using the Font Software and certify that no copies remain in Your possession or control.

11. Choice of law

    You expressly agree that this TYPE TAILORS App Font Software End User Licence Agreement shall be governed by the laws of the Kingdom of Belgium, as they apply to contracts wholly performed therein and without respect to its conflict of laws provisions or the conflict of laws provisions of any other jurisdiction. You expressly submit to the jurisdiction of the courts in the District chosen by TYPE TAILORS. You hereby expressly agree that the Application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

12. Amendments to the Licence Agreement

    TYPE TAILORS expressly reserves the right to amend or modify this Licence Agreement at any time and without prior notification to the extent permitted by law. By way of example, not limitation, such modifications may reflect changed or new Volume tiers and/or changes in technology that would otherwise impair or render obsolete provisions in this Agreement. The Agreement may only be amended in writing, signed by an authorised representative of TYPE TAILORS and will be made available at typeby.com. Should You not agree to the modified terms yet choose to continue to use the Font Software, Your actions will breach the Agreement. This Agreement may, at TYPE TAILORS’s sole discretion, be enforced by an authorised agent acting on its behalf.

    You acknowledge and agree that this is the complete and exclusive statement of the Agreement between TYPE TAILORS and You, which supersedes any proposal or prior Agreement, oral or written, as well as any other communications relating to the subject matter of this Agreement. No variation of the terms of this Agreement or any different terms will be enforceable against TYPE TAILORS in the absence of an express written amendment or consent, including a written express waiver of the affected terms of this Agreement.

    If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by TYPE TAILORS with a provision that affects the intent of the invalid provision.

13. Contact

    All inquiries may be sent via e-mail to hello@typeby.com. Type Tailors’s website is located at www.typeby.com.