| License Description: |
FATYPE End User License Agreement (EULA) 2.1
This License Agreement is made between Fatype, hereinafter called the Licensor, and the buyer hereinafter called the Licensee, who is purchasing 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 and use Fatype software. Use of the font software is strictly limited by the following conditions. Upon full payment, the Licensor grants the Licensee a non exclusive non-transferable license to operate its font. A font is a set of characters digitally encoded into Font Software as digital description of characters and metrics data. By accepting the License, the Licensee agrees not to decompile, modify, reformat, translate and reverse engineer Fatype fonts, or otherwise discover its source code.
2. Copyright
The Licensor retains full rights and ownership to intellectual property of the fonts both as artwork and software. The Licensee acknowledges that by buying the fonts, he is not purchasing title to it, but is granted a license to use the fonts. This Agreement does not grant the Licensee any intellectual property rights in the fonts. Font software may not be uploaded [webfonts excepted], copied, duplicated, rented, leased, sublicensed or lent to another person or entity. The Licensee is granted permission to make 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. Written authorisation is necessary to create any derivative design or product that is mainly based on the design of Fatype fonts [e.g.: clothing with big letters or words]. In case of doubt, contact us.
3. Computers, Apps, Ebooks, visitors amounts
Fatype grants the Licensee the right to use the fonts according to the mediums and the numerical limits selected by the Licensee upon purchase. Fonts cannot be used on other mediums than, and on amounts exceeding, the ones specified in the license. Separate legal entities must purchase separate licenses.
Desktop + Web covers the common usage of fonts in desktop software and in websites. Desktop usage is limited to the specified number of computers. Webfonts usage is limited to the specified number of website(s) and the specified ÒInitial Web TrafficÓ number for each website. The Desktop + Web license includes one (1) website for each purchased style. For a purchased typeface family, you can use each style on its own website. You are required to register the URL of the website(s) in your account, under "My Licences". Additional websites can be purchased separately. ÒInitial Web TrafficÓ is the maximum amount of unique visitors per month allowed at the moment the webfonts are uploaded on the websiteÕs server. After installation of the webfonts, web traffic is unlimited.
Mobile Apps covers installation or embedding of fonts in Òmobile ApplicationsÓ, known as ÒAppsÓ using the iOS, Windows Mobile and/or Android operating system. Other platforms require authorization from Fatype. Usage is limited to the specified number of Apps. Versions of the same App adapted for different operating systems count as one (1).
EPUB covers installation or embedding of fonts in publications using the EPUB format standard. Usage is limited to the specified number of EPUB publication(s).
4. Embedding
In order to facilitate transmission of digital files throughout the LicenseeÕs private computer network, the ÒDesktop+WebÓ Licensee will be permitted to embed the fonts into digital documents which require either the duplication of the Typefaces, or their simulation with scalable or non-scalable outlines, subject to the following restrictions: (a) Embedded Documents will be circulated only internally among workstations and for transferring files to printing houses; (b) Embedded Documents must be secured against unauthorized use by any third party, as set forth herein. Embedding of fonts in software other than specified by the license, or hardware, is strictly forbidden and requires a special license.
5. Webfonts & other digital reproduction
The purchase of a Desktop + Web license will authorise webfont versions of the fonts (woff, eot) to be uploaded on servers in order to publish electronic documents (such as web pages) which employ the fonts with the @font-face CSS rule. The Licensee is required to restrict access to these files through Ò.htaccessÒ files. The Licensee is not authorised to convert the font files in other formats, directly or through third-party applications (such as Font Squirrel), or to upload the desktop fonts for web pages. The Licensee is permitted to distribute images in industry-standard digital formats (such as gif, jpg/jpeg, png) or embed the fonts in Flash. Contact us for any questions.
6. Warranty
Within a period of one (1) week upon purchase, fonts may be repaired or replaced. Font software may not be returned. 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.
7. Credits
Credit to Fatype and the designer(s) of the font, wherever design or production credits are shown, is greatly appreciated.
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 regarding the subject matter of this License Agreement. 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 when in the future you click on an ÒI agreeÓ or other similarly worded button or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. |