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.