License Description: |
Fatype End User License Agreement (EULA)
This License Agreement is made between Fatype, hereinafter called the Licensor, and the buyer hereinafter called the Licensee, who is purchasing a license to use the font software, herein referred as ÒfontÓ, ÒfontsÓ or ÒtypefacesÓ.
1. Grant of License
The Licensee must agree to the terms and conditions of this agreement to download, install or use the fonts. Upon full payment, the Licensor grants the Licensee a non exclusive non-transferable license to use the fonts under the following conditions. Every font user must be covered by a license. Each license is valid for one legal entity only. Separate entities must purchase separate licenses. Fonts cannot be shared with clients or third parties. If a client requires fonts, a license must be purchased for the client. Installation and or usage of the fonts without a proper license is strictly forbidden and may lead to legal actions.
2. Copyright and general principles
A font is a set of glyph outlines, metrics data and other data digitally encoded into software. The Licensor retains full rights and ownership to intellectual property of the fonts both as artwork and software. The Licensee acknowledges that this Agreement does not grant him any intellectual property rights in the fonts, but only a license to use the font software under certain conditions.
The Licensee agrees not to decompile, modify, reformat, translate or reverse engineer the fonts, or otherwise discover its source code. Webfonts excepted, fonts may not be uploaded. Fonts may not be copied, duplicated, rented, leased, sublicensed or lent to another person or entity. The Licensee is granted permission to make 2 copies for backup purposes. These backup copies must be reasonably protected from access via internet or network systems. The Licensee will not make or encourage third parties to make derivative or modified versions of the font.
3. License types
Fatype grants the Licensee the right to use the fonts according to the Medium(s) and numerical limits (Òup toÓ) set by the license. Fonts cannot be used on other or more mediums than those specified in the license. In case of doubt, or if you think the terms prevent a reasonable usage, please contact us.
Desktop + Web covers the common purposes of using fonts in software such as desktop publishing and office suites in order to produce documents, logotypes, books, magazines, paper-printed matters, packaging, images, videos, signage, as well as embedding fonts in websites.
With a ÒDesktop + WebÓ license, the Licensee may install and use the fonts on the specified number of computers, and upload the webfonts on one (1) website not exceeding the specified ÒInitial TrafficÓ at the moment the fonts are uploaded. Additional computers requires additional licensing. The fonts may be used by the Licensee and his employees only, and may not be shared with third parties, for example clients or contractors. The Licensee must be the owner of the website. Additional websites requires additional licensing. Contact us for a discount. The Licensee must register the URL of websites in his Fatype account, under the ÒMy LicensesÓ section. ÒInitial TrafficÓ is the maximum amount of unique visitors per month allowed at the moment the webfonts are uploaded, measured as the average of the last three complete months. After installation of the webfonts, web traffic is unlimited. One website is defined as the content accessible at one single top-level domain name, such as Òwebsite.comÓ. Subdomains, such as Òabout.website.comÓ are not counted as additional domains. For multiple top-level domains sharing the same content, we offer discounts, please contact us.
Mobile Apps covers embedding fonts in mobile applications known as ÒAppsÓ. With a ÒMobile AppsÓ license, the licensee may embed the fonts on the specified number of Apps developped for iOS or Android platforms. Other platforms requires an authorization from us. Versions of the same App adapted for different operating systems count as one (1) App. Additional Apps requires additional licensing.
EPUB covers embedding fonts in eBooks using the EPUB format standard. With an ÒEPUBÓ license, the licensee may embed the fonts on the specified number of eBooks. Other eBook formats requires an authorization from us. Additional eBooks requires additional licensing.
4. Restrictions
Any use of the fonts beyond the terms and mediums covered herein is strictly forbidden and requires additional licensing. Contact us in case of doubt. If you are interested in purchasing additional licensing, please contact us with details regarding the project. Restricted use includes and is not limited to use of the fonts for:
Ñ Broadcasting in television, film, cinemas, streaming services, including and not limited to graphics, titles, subtitles, credits.
Music videos and advertising videos are excluded and permitted with a Desktop + Web license.
Ñ Non-paper products exceeding 100 units, such as but not limited to clothing, watches, electronic devices, furniture, etc.
Ñ Automated design tools and services on websites, apps or software allowing users to create customized logotypes, printed-matters, websites and other documents with our fonts.
Ñ Videos on Youtube and other Social Media channels exceeding 100Õ000 subscribers/followers.
Ñ Registered trademark
Ñ Embedding (see 5.)
5. Embedding
The ÒDesktop+WebÓ Licensee is permitted to embed fonts into PDFs as long as fonts are subset, and the PDF cannot be edited. Logotypes must be vectorized. Other documents cannot include fonts in embedded form.
Embedding, linking or inclusion in any form of our fonts in hardware or software other than Websites, Apps or EPUB, is strictly forbidden without a special license. This restriction includes but is not limited to: video games, OEM products, server-side applications, online document production, smart devices, or hardware displays. Contact us for an embedding license.
6. Webfonts
The Desktop + Web license authorises webfonts (woff, woff2, eot formats only) to be uploaded on a server in order to publish web pages which render the fonts via @font-face in CSS. The Licensee is required to restrict unauthorized access of the fonts with an Ò.htaccessÒ file. The Licensee is not authorised to convert font files in other formats, directly or through third-party applications (such as Font Squirrel), uploading other font formats is strictly forbidden. Contact us for any questions.
7. Warranty
Within a period of one (1) month upon purchase, fonts may be repaired or replaced. Fonts may not be returned. No refund will be made unless the fonts do not perform as promised and Fatype is unable to provide a repaired or corrected version. The Licensor makes no warranties as to replace fonts for free should technology change and render the purchased fonts unusable. The Licensor makes no other warranties, expressed or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. The Licensor shall in no event be liable for any direct, indirect, consequential, or incidental damages, arising out of the use or inability to use the product.
8. Termination
Any violation of this agreement by the Licensee shall cause this license to be terminated. In the event of termination, the Licensee must immediately remove the font and all its copies from the system and certify to the Licensor that no copies remain in the LicenseeÕs possession or exist on the originally licensed site.
9. Jurisdiction
This agreement will be governed by the laws of Switzerland. The Licensee expressly agrees that any disputes related to this Agreement will be resolved in the courts of Neuchtel, Switzerland. This Agreement contains the entire understanding between the parties and supersedes any prior understandings and agreements, oral or written, between the parties. No amendment to this License Agreement shall be effective unless it is in writing and executed by both parties.
You further acknowledge that you have read, understood and agreed to be bound by the terms of this license, and that your agreement or consent will be legally binding and enforceable. |