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.