EULA (End User License Agreement)

Typeland End User License Agreement

 
Version 1.01

This End User License Agreement (EULA) defines the terms for the use of Typeland Fonts. The Agreement will be terminated if any of its terms are breached without prejudice to any right to damages or any other available remedies (whether contractual or otherwise). In case of a breach, any delay by Typeland in enforcing this Agreement does not constitute a waiver of its right to do so and to claim the appropriate damages, remedies and available restitution at a later point. Typeland reserves the right to charge you the cost of appropriate licensing on a case-by-case infringement basis, and/or to terminate the Agreement.

By downloading Typeland Font Software, concluding a User Contract by indicating acceptance (by clicking accept, ticking acceptance, or emailing acceptance), or opening the font files you agree to the following terms.

Where you are entering into a User Contract, or using the Fonts on behalf of a legal entity, you warrant and undertake that you have authority to bind the same. By purchasing a License to the Fonts, you receive a non-exclusive, non-transferable License to access and use the Fonts as set out in the terms of this Agreement. No ownership rights are granted as a part of this End User License Agreement.

If you have negotiated and agreed to any additional terms and conditions, those must be in writing and signed by Typeland and must incorporate this EULA by reference.

Please note that the latest version of the EULA applies to and is valid for all purchases, irrespective of when a License purchase was made. All previous versions of the License are deemed to be subsumed and superseded by the latest EULA as published on our website: www.type.land
 
 
Definitions


Devices: a virtual or physical machine capable of installing software or information in digital form, including but not limited to desktop computers, laptops, tablets, and mobile devices.


License: the options offered in the online shop to purchase a License to use the Font Software, as well as custom purchasing options that are available on request.


Font Software (also ‘Fonts’): the design, digital files, and source code thereof, which, when used, generates the typeface, typographic designs and, if applicable, ornaments or other designs, as well as any media, printed materials, electronic documentation, font updates, add-ons, artwork, web services and other material associated with, or embodied within, the Fonts (and parts thereof).


Typeland: means Alessia Mazzarella and Vaibhav Singh, a partnership trading as Typeland, London, United Kingdom.


User Contract: the written order confirmed by Typeland by email in response to an order placed on its website, or offline, setting out the License Scope and parameters of the same, and any other agreed terms under which you license the Fonts and which incorporates the terms of this EULA.


You/Your/Licensee/End User: a natural or legal person who concludes the User Contract including this EULA with Typeland. A Licensee/End User is not defined as a distributor, reseller, dealer, sub-licensee, original equipment manufacturer, wholesale buyer or any similar entity. Typeland Fonts may not be distributed and/or sold to third parties by the Licensee under any circumstances.
 
 
1. Intellectual property


The Fonts and their related documents (and each part thereof, including individual typographic glyphs) are, and remain at all times, the intellectual property of Typeland in full. Your only rights to use the Fonts are as set out in this EULA.
 
 
2. Special uses


You must obtain a License extension from Typeland if you wish to use the Fonts in any way not covered in this EULA. This includes use in broadcasting, use in alphabet products, logos, wordmarks, film titles or credits, or where an unlicensed user has access to the glyphs produced by the Fonts in full (or in part), and in products where an end-user can set type using the Fonts or distribute products with customised uses of the Fonts.
 
 
3. License and usage rights


3.1Right to use
Subject to your ongoing observance of this EULA, and payment of all charges set out in a User Contract, Typeland grants you a non-exclusive, non-sublicensable, and non-transferable right to use the Font Software for your own personal or business purposes according to this EULA, in accordance with the License Scope agreed (see 3.2). You have not purchased the ownership right to this Font Software, but rather a license to use it for specific purposes and within the restrictions specified by the License Scope you have purchased. All payments due under a User Contract are plus the relevant sales tax that may apply from time to time.


3.2License Scope
The ‘License Scope’ is as set out and authorised by Typeland in a User Contract.
 
a. Desktop License
A Desktop License permits you to install and use the Fonts to create printed documents on the number of Devices permitted in the User Contract. A Desktop License does not permit use of the Fonts on the web, for embedding in applications, or in any dynamically updated, procedurally-generated, or other applications, including without limitation those wherein a human operator does not conduct the final output of the work.
 
With a Desktop license, you get a perpetual license to use the fonts on a certain number of devices individually or within your organisation. You may only install the fonts on devices up to the number your oder summary states. You may not install the fonts on any additional devices or transfer the font files to other devices. Providing the fonts to any third parties who do not have a license for use is prohibited. You may embed the fonts into PDF or other files in a secured mode provided that the document itself is not a commercial product. Embedding the fonts in any other formats is prohibited under this license.
 

You will need an extended Desktop license if you want to use the fonts in a logo or corporate identity. You will also need an extended license if you want to use the fonts on an organisation’s social media channels (i.e. Instagram, Snapchat, Facebook etc). For acquiring an extended or custom license please contact us. Under no circumstances are you allowed to modify, adapt, translate, reverse engineer, decompile, disassemble or copy the source code or the designs which are the intellectual property of Typeland.
 
b. Web License
A Web License permits you to use the Fonts on a website using the CSS @font-face method for the number of page views authorised in the User Contract. A Web License does not permit you to use the Fonts in the creation of static documents or images, in desktop or mobile applications, or in web applications which allow the creation of customisable designs or the generation of static documents or images. Web Fonts are available only for the process of styling text on your own website and its subdomains. Use of the Font with web font technologies other than @Font-Face, such as (by way of example, not limitation), slFR, Cufon or Typeface.js is not permitted.
 
With a Web license, you purchase a perpetual license to use the fonts for websites under your or your organisation’s control. All fonts must be stored using an online storage to serve websites for which you or your organisation have sole administrative access to (aside from the owner of the server). You are allowed to use the fonts on any number of domains provided together they do not exceed the monthly pageviews that your order summary states.

 
You may use the fonts on websites using the CSS @font-face method but you may not embed the fonts in any other format or in any other way. The license is determined by the amount of pageviews per month which must not be exceeded. You must upgrade your license as the monthly pageviews increase over time. You will be expected to record or have access to records of monthly pageviews by using any analytics tool for websites.
 

On written requests, you may be required to provide, without undue delay, screenshots of your analytics tool to prove that the number of monthly pageviews is below the limit set by the license you purchased. Modifying the fonts under this license is strictly prohibited.
 
c. App License
The App License allows you to use the Fonts by embedding in a limited number of mobile apps specified in your User Contract. Platform-specific versions with the same name and functionality may be counted together as a single app. On each platform, you must make all reasonable efforts to secure the Fonts and prevent it from unauthorized use, access or distribution. The Embedding License does not allow for usage of the Font on desktops, laptops, or other Devices. For such usage you will also need to purchase a Desktop License for the number of Devices that may be involved in conducting work on the application.
 
With an App license, you purchase a license to use the fonts to style live text in applications created by you or your organisation. You must inform Typeland of the applications upon purchasing the license. The license is specific to the number of applications noted in your order summary.

You may not embed the fonts into any other format or in any other way under this license. You may not use the fonts with the CSS @font-face method or create ‘virtual terminals’ or ‘servers’.
 
You may not embed the fonts into computer files other than the application files. You may not use the fonts to create or save raster or vector images or documents in your apps. If you distribute an app on multiple software platforms (iOS, Android, etc), each version can be regarded as a single app. Modifying the fonts under this license is strictly prohibited.
 
d. Custom License
Specific usage conditions are detailed in the respective EULA for each License type. If you’re not sure, or if you would like to use our Fonts for something not specified in the various License Scopes described above, you will need a Custom License. Please don’t hesitate to get in touch, we can tailor the License to your needs. Custom Licenses are required for the use of our Fonts in scenarios including, but not limited to, the following: corporate branding, logos, wordmarks, production of any commercial products deriving from or relying on letterform design as generated by the Fonts, games, broadcasting, hosting on servers online etc.


3.3Installation
You may install the Fonts on a single file server for use on a single Local Area Network (LAN) only when the access to the Fonts is limited to those Devices and printers belonging to you, to whom the License was granted. The Fonts may not be installed on a server that can be accessed through the Internet or another external network by Devices that do not belong to the Licensee. The Fonts may not be installed or used on a server that can be accessed via the Internet or other external network system (a system other than a LAN) by Devices which are not in the possession and control of the Licensee.


3.4Backup
You may make back-up copies of the Fonts for archival purposes only in accordance with your statutory rights, provided that you retain exclusive custody and control over such copies.


3.5Service bureau
You may take a digitised copy of the Fonts used in a particular document to a commercial printer or service bureau for outputting this particular document (this document may be edited by the printer or service bureau). In the event of use of the Fonts for other purposes, the printer or service bureau must purchase its own Font Software Licenses. You are responsible that no copies of the Fonts remain at the printer or service bureau after the job is finished and are responsible for all acts and omissions of the same.


3.6Embedding
Embedding of the Font Software into electronic documents (i.e. PDF or Flash files) or internet pages is permitted only under the Read-Only mode with the absolute assurance that a third party cannot use the Fonts to edit or create a new document. You must ensure and undertake that the Fonts cannot be fully or partially extracted from said documents. For any further embedding scenarios of the Fonts an extended License must be purchased, please get in touch with us.


3.7Transfer of License
You may not transfer any rights granted to you by this EULA to a third party under any condition.


3.8Third party
Transferring the License to a third party is strictly prohibited in any circumstances under this EULA. Granting sub-licenses, assigning in part, or distributing in any fashion (other than as permitted by this EULA) is also strictly prohibited.


3.9Protection
You are responsible for securing the Fonts and making sure that unlicensed copies do not leave your possession. At a minimum, and by way of illustration not limitation, reasonable measures include a) preventing unlicensed third-party access, i.e. hotlinking and b) not allowing direct download of the Fonts unrelated to the process of styling text for your website (where the License Scope includes permission for the same), and c) not uploading on a publicly accessible repository for unrestricted access etc.


3.10Use in logos, wordmarks, physical products etc
An extended License is required to use Typeland Fonts (single or multiple glyphs as logos, wordmarks, physical products or merchandise), or if the usage of the font adds value to a commercial product largely based on alphabet or letter design (including 2-D and 3-D products).


3.11Modification and derivative work
Typeland’s EULA does not permit you to alter, edit, modify, reverse-engineer, reformat, or decompile the Fonts in any way. You may not engage any third party to do so without prior written permission from Typeland. We reserve all rights for Typeland Fonts, and you must get in touch with us if you would like any additions or modifications to our Fonts. You may not create any Font Software that imitates, copies or replicates the glyphs generated by the Fonts.
 
 
4. Copyright and publication


4.1Copyright
You undertake to credit Typeland as the trademark and copyright owner of the Fonts and list the font names, wherever and whenever design, production, or any other credits are shown in such form as directed by Typeland, and shall not at any time remove any accreditation, assertion, or copyright notice from on, or within, the Fonts. The Fonts, their documentation, and typographic outputs of the Fonts are protected under the laws of England and Wales and other international treaty provisions, including as a literary and artistic work. Typeland reserves all copyrights, trademarks and any other form of international property rights in and to the Fonts.


4.2Publication
Typeland may publicise, reference, market, and advertise the nature of its relationship with the Licensee (and its supply of the Fonts) including on its websites or marketing material to display the same.
 
 
5. Warranty and liabilities


5.1Returns and exchanges
The Fonts may not be returned or exchanged unless defective. Defective software shall be replaced by the same software if accompanied with purchase receipt and if Typeland is notified within 30 days of purchase. If the Fonts are found to be defective within 30 days of the date of delivery to you, Typeland will provide suitable replacements at no charge to you. The entire risk of performance and quality of the Fonts is with you. Typeland does not warrant that the Fonts will operate with all other software products, or that they will satisfy your requirements. Typeland’s entire liability to you will not extend beyond replacement of defective media. This warranty shall only apply as long as:

  • the failure of the Fonts is not a result of any modification of the Fonts other than made by or on behalf of Typeland;
  • you have not attempted to rectify the failure (either by yourself or by a third party);
  • the failure is not attributable to causes external to the Fonts; or the Fonts have not been used outside of the parameters granted.

5.2Liability
This clause sets out Typeland’s entire liability to the other party for (a) a breach of this EULA and (b) any statement, representation, tortious act or omission (including negligence) arising under this EULA. This includes a party’s liability for acts or omissions of its employees, agents, subcontractors or consultants. Any and all other warranties, conditions or other terms implied by statue or common law are, as far as legally possible, excluded. Typeland shall not be liable for any loss of profits, goodwill, reputation, business, anticipated savings, contracts, goods, data (or corruption of that data) or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. Typeland’s liability for all other claims which arise in connection with this EULA shall be limited to the monies paid by or owed by you in the 12 months immediately preceding the date of the event giving rise to the claim. Nothing in this section, or elsewhere in this EULA, excludes or limits either party’s liability for: death or personal injury resulting from negligence; or any damage or liability you incur as a result of fraud or fraudulent misrepresentation. Notwithstanding, if you use or authorise the use of the Fonts outside of the permissions set out in a User Contract, you will pay to Typeland on demand such amounts equal to that which Typeland would have charged for an equivalent License via bona fide means, plus its legal and administrative costs in remedying the non-licensed activities on an on-demand, full indemnity basis, without prejudice or limitation to any claim ad remedies available to Typeland.


5.3Termination
Any violation, breach, or failure to perform by you of this EULA shall constitute a termination of this License. Typeland reserves the right to immediately terminate this EULA, and any rights granted herein, by written notice setting out your breach. In the event that the EULA is terminated, you are obligated to immediately and irretrievably delete the Fonts and all copies from all media, Devices, machines, servers or other hardware.


5.4Disclaimer
You are aware that software is never completely error-free and that the Fonts may therefore contain errors which can affect functionality and operation. Fonts are provided ‘as is’ with no warranty whatsoever.


5.5Events beyond reasonable control
Neither party will be liable for a delay or failure to perform its obligations if the delay or failure results from circumstances beyond its reasonable control. This includes (but is not limited to) acts of God, flood, fire, accident, pandemic, epidemic or impossibility of obtaining materials.


5.6Severability
If any provisions of this EULA 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.
 

6. Governing laws and Jurisdiction


This EULA shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim regarding or related to its subject matter including any non-contractual or tortious claims.

Typeland expressly reserves the right to amend and modify this Agreement at any time and without obligation of prior notification. For any licensing situations not covered in this agreement, please contact us at hello@type.land.

Copyright © 2020 Typeland
End User License Agreement • Version 1.01