EULA / End User Licence Agreement

THIS IS A LEGAL AGREEMENT, by downloading and/or installing Typotheque font software you agree to the following terms:

1. This licence is only for the benefit of the users authorized under this licence. Authorized users are permitted to install and use the font software on one (1) portable device such as a notebook or laptop computer and on one (1) desktop or workstation type devices that remain at a single location. For example 5 users are authorized to install and use the font software on their five (5) portable devices and their five (5) desktop or workstation type devices in a single location. These computers can be connected to any number of output devices, such as laser printers, ink jet printers, an image setter or a film recorder. The font software may be downloaded to the memory (hard disk or RAM) of the output devices that are customarily used by you for the purposes of having such font software remain resident in the output devices. If you need to install the Font Software on more than the authorized computers permitted by this licence, or if more users need to use the font software, you are required to purchase additional licences. You further agree to treat the software as confidential information and exercise reasonable care to avoid unauthorized distribution of the Font Software. If you cannot or do not agree to the terms of this licence, return the software unused to Typotheque, Zwaardstraat 16, 2584 TX, Den Haag, The Netherlands.

2. The Font Software and the designs embodied therein are the exclusive property of Typotheque. This non-exclusive, revocable licence grants you certain limited rights to use the font software only, no permanent or ownership rights are granted herein. All right, title and interest in and to the font software, the designs of the fonts embodied therein together with the copyrights, trademarks, trade names and service marks associated with the font software are each the exclusive property of Typotheque.

3. Except as may be otherwise expressly permitted herein or by a separate written agreement, you may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter or otherwise copy the Typotheque font software or the designs embodied therein. You are permitted to make only those reasonable number back-up copies suitable to your usage. However, no backup copies are necessary since the Typotheque client online account will serve as a permanent back-up for the font software. The Typotheque font software and its documentation may not be sublicenced, sold, leased, rented, lent, or given away to another person or business.

4. The font software may be returned or exchanged only if defective and will be replaced only when accompanied by a valid sales receipt within four (4) weeks of purchase.

5. Any derivate works created by you which use or are based upon the font software and/or the design of the fonts, including, but not limited to, software or other electronic works, are considered derivative works under the Law of the Netherlands. Any such derivative works are the Property of Typotheque and shall be subject to the terms and conditions of this licence. Derivative works may not be sublicenced, sold, leased, rented, loaned, or given away without the express written permission of Typotheque. Typotheque shall not be responsible for unauthorized, modified and/or regenerated software or derivative works. You are permitted to convert the Fonts to outline or bitmap images for the purposes of publishing electronic documents.

6. If you are an advertising agency, acting on behalf of an advertising agency or otherwise acting in a similar capacity or for the benefit of a third party and the font software or a copy thereof will be transmitted to the client or third party, the purchase of a licence for your client is required. Depending upon how the Font Software will be used, an additional licence upgrade and/or the purchase of a special licence may be required. A special licence is required to use the Font Software on letter form goods for sale, electronic books, game playing devices, gaming or gambling devices irrespective of whether the font software itself is embedded into the device or if it is merely the designs of the fonts that are displayed. If you are using the Font Software in exhibition or display in cinemas, motion pictures, on television or on cable television, or as a part of any works broadcast or transmitted on the Internet, a special licence is required and an additional licence fee may be required.

7. The embedding of the Typotheque fonts software in PDF documents or in Flash documents is allowed provided that the extraction of the Fonts is prohibited. Notwithstanding, embedding of the font software in other software or devices or in any other form whatsoever requires the purchase of and shall be governed by a separate licence agreement. This licence does not permit the transmitting of the Font Software over the Internet in font serving or font replacement by means of technologies such as, but not limited to, EOT, Cufon, sIFR or other technologies that now exist or may be developed in the future. If you wish to use the font software for such purposes, a special web font licence and the purchase of a related service (“TWFS”) is required.

8. The Typotheque font software is protected under domestic and international trademark, copyright and industrial design law. You may, but are not required to identify Typotheque fonts and ownership in any design or production credits.

9. Any breach of the terms of this Agreement shall be cause for termination. In the event of termination, and without limitation of any remedies under law or equity, you agree to immediately return the Font Software to Typotheque and certify that no copy remains in your possession or control.

10. You may transfer the Font Software to another party provided that the new licencee agrees, in writing, to be bound by this licence and you destroy all copies of the Font Software immediately upon transfer of the Font Software. The new licencee must transmit a copy of their Agreement to Typotheque.

11. TYPOTHEQUE MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. THE FONT SOFTWARE WAS NOT MANUFACTURED FOR USE IN MANUFACTURING CONTROL DEVICES OR NAVIGATION DEVICES OR IN CIRCUMSTANCES THAT COULD RESULT IN ENVIRONMENTAL DAMAGE OR PERSONAL INJURY.WITHOUT LIMITING THE FOREGOING, TYPOTHEQUE SHALL IN NO EVENT BE LIABLE TO THE licenceD USER OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT EVEN IF NOTIFIED IN ADVANCE. UNDER NO CIRCUMSTANCES SHALL TYPOTHEQUE’S LIABILITY EXCEED THE REPLACEMENT COST OF THE SOFTWARE. Under no circumstances shall Typotheque’s liability exceed the substitution or the replacement cost of the font software, whichever is less and at the sole discretion of Typotheque. The terms of this Agreement are contractual in nature.

The Typotheque Font Software licence Agreement is subject to Dutch Law. By downloading and installing the Fonts, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this licence Agreement.