Webfont Software End User License Agreement

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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