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.