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FaceType – End User License Agreement (EULA)

FaceType thanks you for reading this license and taking the time to understand it in detail! Your support makes this foundry possible.

Acknowledgments

FaceType is willing to license the licensed product to Licensees only on the condition that the Licensee accepts the terms and conditions contained in this agreement. By placing an order for and accepting FaceType font software (electronic data), or by downloading the software accompanying this license, the Licensee acknowledges that he has read all of the terms and conditions of this agreement, understands them, and agrees to be bound by them.

If the Licensee does not agree to these terms and conditions, he must promptly cease download or use of the licensed product and return the licensed product to FaceType or its reseller for a full refund of the license fee which the Licensee paid for the licensed product, and the Licensee must immediately delete any portion of the font software installed on Licensee’s computer(s).

You may install a font into your computer’s operating system and use it in any of your applications that contain a fonts menu such as TextEdit, Microsoft Word, Adobe Photoshop or Indesign.

License variants

A. LOGOTYPE

You may create a logo, logotype or wordmark for a product, a brand or a company with the fonts purchased. If you need to create a corporate identity you may need additional licenses like ‘Deskop’, ‘Web’ etc. depending for which media this identity is developed (stationary, website, ...)

B. DESKTOP

B.1 Definition

Meant to cover use on physical items.

B.2 The Licensee May

Create print documents, posters, business cards, goods for sale, (such as clothing apparel and accessories), physical goods, static images, and other objects like stationery, mugs, T-shirts and the like.

B.3 Embedding Restrictions

PDF embedding of the font software into PDF documents is only permitted in a secured read-only mode that allows only printing and viewing, and prohibits editing, selecting, enhancing or modifying the text. Licensee must ensure that recipients of PDF documents cannot extract the FaceType font software from such PDF documents or use the embedded font software for editing purposes or for the creation of new documents. If you are unable to limit access to the document to ‘printing and viewing’ only, the electronic document(s) may not be used on computers that are not Licensed Computers. Examples of non-commercial, not-for-profit permitted usage include PDF documents supplied to Service Bureaus, printers, or any documents that disseminate personal, internal or business information.

B.4 Number of Users

The number of users allowed depends on your plan and the restrictions have been communicated at the buy page.

C. WEB

You can embed the purchased webfont into your website (a group of pages related to one domain, including sub-domains). FaceType is not responsible for installing, embedding, hosting or updating the webfonts. Web design agencies or hosting providers are not allowed to share a single license across their clients’ websites.

D. APPLICATION

You can use the typeface in an app for iOS, Android, or Windows Phone or any other mobile OS, and you intend to embed the font files in your mobile application’s code. The amount of installations across the platforms (i. g. iOS, Android, …) is unlimited. Application usage includes incorporating the font software into your hardware, software or any other products, such as application programs, interfaces, EPOS, WEPOS, POSReady, operating systems, electronics, electronic games, entertainment products, video on demand, gaming devices.

E. EPUB, Digital Ad, Email

You can use the typeface for creating layouts for publications intended for Kindle, iPad or other eReaders, ePublishing, ePub, eBooks, eZines, proprietary reader devices, digital Ads in Online Media and Emails.

General

You agree to inform your employees or any other person having access to the FaceType software and copies thereof, of the terms and conditions of this Standard License Agreement and to ensure that they shall strictly abide by these terms and conditions. You agree that you will not export or re-export the Software in any form without the appropriate United States, European, and worldwide government licenses. You agree not to sublicense, sell, lease or otherwise transfer the electronic data without the prior written consent of FaceType.

Grant of License

In consideration of payment of the license fee, included in the price paid by the Licensee for this product, the Licensor grants to the Licensee a non-exclusive right to use this product, which consists of electronic data to display and output PostScript®, TrueType® or OpenType® typefaces. The terms of this Agreement are contractual in nature and not mere recitations.

Prohibited Usage

This product is licensed only to the Licensee, and may not be transferred to any third party at any time without the prior written consent of FaceType. The Licensee may not modify, translate, adapt, alter, decompile, disassemble, decrypt, reverse engineer, change or alter the embedding bits, the font name, legal notices contained in the font software, nor seek to discover the source code of the font data, convert into another font format, create bitmaps, add or subtract any glyphs, symbols or accents, or any other derivative works based on the electronic data in this product. The Licensee may not supply, directly or indirectly, any FaceType font data to any other firm, business or individual for any type of modifications or updates whatsoever. If the Licensee needs to modify or update the font data in anyway in the future, FaceType solely will perform and invoice this additional work at its normal prevailing rates. The Licensee may not duplicate, modify, adapt, translate or create derivative works based on the printed materials that may have been supplied with this product. It is a breach of this license agreement to use the product in any way that infringes the rights of any third party under copyright, trademark, patent or any other laws. In the event of infringing uses by the Licensee, this license immediately terminates and the Licensee is solely responsible for any such infringing uses including all legal and other damages that may be incurred.

Ownership

FaceType retains intellectual property rights, title and ownership of any of its electronic data provided. This title and ownership extends to copies of the data installed on any computer, downloaded to any output device, or retained on other media by the Licensee as a backup. This license does not constitute an exclusive sale of the original product to the Licensee. This Agreement does not grant you any right to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, franchises or licenses in respect of the electronic data. No rights are granted to you other than a License to use the electronic data on the terms expressly set forth in this Agreement. The Licensee further acknowledges and agrees that the structure, organisation and code of the font software are valuable trade secrets and confidential information of FaceType. The font software is protected by copyright including without limitation, by Austrian, and United States Copyright Law, international treaty provisions, and applicable laws in the jurisdiction of use.

Copy Restrictions

This product is copyrighted and contains proprietary information and trade secrets of FaceType. Unauthorised copying of this product is expressly forbidden. You are permitted to create backups of the font software, provided that: (a) they are stored only at the site where this product is licensed, and (b) the full copyright information is included with each backup copy. You may be held legally responsible for any infringement of FaceType’s intellectual property rights that is caused or encouraged by your failure to abide by the terms of this Agreement. Disclaimer Except as expressly provided above, this product is provided ‘as is’. FaceType does not make any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. No oral or written information or advice given by FaceType, its dealers, distributors, agents, or employees will create a warranty or in any way increase the scope of this warranty, and Licensee may not rely upon any such information or advice. FaceType shall not be liable for any direct, indirect, consequential, or incidental damages or any other damages of any kind whatsoever (including damages from loss of business profits, business interruption and loss of business information) arising out of the use or inability to use this product. Because laws governing the exclusion or limitation of liability for consequential or incidental damages vary, the above limitation may not be applicable.

Warranty / Refund policy

Since the Website offers non-tangible, irrevocable goods and follows the EU legislation with refunds we provide refunds after the product is purchased only in two cases:

• The typeface isn’t delivered as promised (i.e. you cannot access it)

• The typeface does not work on your system (i.e. it can not be installed)

By purchasing the product from the Website, you acknowledge that you agree with this Refund Policy.

Termination

This Agreement is effective until terminated. This Agreement will terminate automatically without notice from FaceType, if the Licensee fails to comply with any provision contained herein. Upon termination of this Agreement, the Licensee must: (a) destroy all copies of the electronic data, including the copy on the disk media originally provided in this product, (b) destroy all written materials provided with this product, if any, and (c) provide FaceType with written verification that the product has been destroyed.

Severability

If any provisions of this Agreement are held to be invalid, illegal or unenforceable, then such provision(s) shall be severed from it, and the validity, legality and enforceability of its remaining provisions shall not be affected or impaired.

Waiver

Waiver of any right(s) at any time shall not constitute waiver of any right(s) at any future time.

License Agreement

This Agreement may only be modified by FaceType. FaceType expressly reserves the right to amend, modify or change this Standard License Agreement at any time without prior notification.

Jurisdiction

This Agreement represents the entire agreement between the Licensor and Licensee. FaceType may only modify this Agreement. The laws of Austria govern this License Agreement. The FaceType collections are the brands and trademarks of FaceType. PostScript and Flash are registered trademark of Adobe Systems, Inc. TrueType®, OpenType® and Silverlight® are registered trademarks of Microsoft Corporation. All other brand or product names are the trademarks or registered trademarks of their respective holders and are duly recognised.