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

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

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

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

You hereby agree to the following:

  1. Definitions:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  2. Binding Agreement.

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

  3. Granted Licence.

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

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

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

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

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

  4. Duration of Agreement.

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

  5. Permitted Uses and Restrictions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  6. Transfer of the Font Software.

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

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

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

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

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

  7. Intellectual and Industrial Property Rights.

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

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

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

  8. Limited Warranty.

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

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

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

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

  9. Indemnification.

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

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

  10. Termination.

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

  11. Choice of law.

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

  12. Amendments to the Licence Agreement.

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

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

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

  13. Contact.

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