End-User License Agreement (EULA)
Terms and Conditions,
Standard Desktop License
1. Grant of License.
Typolar Ltd (the “Typolar”) grants you a non-exclusive, non-transferable license (the “License”) to operate its font software (the “Typefaces”) on a fixed number of computers at a single location, as indicated at Order Confirmation from Typolar. You agree not to duplicate, reproduce, sell, transfer, license, or otherwise distribute the Typefaces in any form, except as provided herein. Notwithstanding the foregoing you are permitted to make a single back-up copy. You agree not to decompile, modify, reformat, translate, reverse-engineer or otherwise discover the source code of the Typefaces or authorize or commission others to make, any additions, deletions or modifications to the Typefaces without the prior written consent of Typolar. You agree not to alter or remove Typolar’s copyright notices as contained in the Typefaces.
Typolar retains full title and ownership of these Typefaces both as artwork and software, including all subsequent copies of the artwork or software regardless of the format in which they are expressed or the media on which they are recorded. Any updates, revisions, enhancements or additions to the Typefaces supplied by Typolar under this Agreement shall become part of, and subject to, this Agreement. The parties agree that Typolar shall own the copyright in all such modifications and derivative works of the Typefaces made by either party. The names of these typefaces are trademarks of Typolar, and as such may only be used in keeping with accepted trademark practice, including identification of the trademark owner’s name and only in conjunction with output produced using this font software. The parties agree that the Typefaces are the sole and exclusive property of Typolar, including all applicable rights to patents, copyrights, trademarks and trade secrets inherent therein and appurtenant thereto, and you agree not to challenge Typolar’s rights thereto, or infringe the rights thereof. You acknowledge that you are not purchasing title to the Typefaces, but are rather being granted a license to use the Typefaces for the purposes set forth above. Except as provided herein, this Agreement does not grant you any intellectual property rights in the Typefaces.
Embedding of Typolar Typefaces into electronic documents, including but not limited to Portable Document Format (PDF) files or internet pages, is only permitted in a secure mode where the typeface data can not be severed and the text is not editable. In order to facilitate transmission of digital files over public computer networks, including but not limited to publicly accessible pages on the World Wide Web, you will be permitted to “embed” the Typefaces, or permit or cause the Typefaces to be embedded, into digital documents which require either the duplication of the Typefaces, or their simulation with scalable or non-scalable outlines (“Embedded Documents”). Embedded Document formats include, but are not limited to: Acrobat (or other) files employing the Portable Document Format (“PDF”); Macromedia Flash (or other) files employing TrueDoc; documents employing Web Embedding Font Technology (“WEFT”).
4. Transfer of Rights.
You may not sell, lease, sublicense, or otherwise assign any rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
Except as expressly set forth herein, Typolar makes no warranties, expressed or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, or otherwise. Without limiting the foregoing, Typolar shall in no event be liable to the licensed 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 Typolar’s liability exceed the replacement cost of the software.
In no event will Typolar be held liable for any consequential or incidental damages, including any lost profits or lost savings, or for any claim by any party, even if Typolar has been apprised of the possibility of such damages.
7. Breach and Termination.
This license is effective until terminated, but Typolar reserves the right to terminate this license immediately if you fail to comply with any term of this license. Upon any such termination you agree to destroy the original and any copies of the Typefaces and cease all use of the Typefaces and trademarks. The termination of this Agreement shall automatically, and without any further action by Typolar, terminate and extinguish this License.
8. Governing Law. This license shall be governed by and construed under and in accordance with the laws of Finland and any disputes will be handled by the Helsinki District Court.
Terms and Conditions,
Standard Web License
This End User License Agreement (hereinafter “Agreement”) is a legal agreement between you, or, if you represent a legal entity, that legal entity (hereinafter “You”) and Typolar Ltd (hereinafter “Typolar”), and is applicable to the Font Software that is accompanied by this Agreement or that You have ordered online.
By downloading or installing the Font Software You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not download, install, or use the Font Software.
1.1. “Font Software” means coded software that is accompanied by this Agreement or that You are about to order online and which generates typeface designs when used with the appropriate hard- and software, plus any and all other data including documentation provided with such software.
1.2. “Licensed Unit” means installations of the Font Software that allow the design of Your Websites which have – based on any six consecutive calendar months – not more than the overall monthly average of unique visitors stated on Your invoice for the purchase of the Font Software. If no number of unique visitors is given on Your invoice, the licensed number of unique visitors is 15,000 per month. If Your Websites averages (based on a period of six consecutive calendar months) at any given time in the future more than the licensed number of unique visitors per month, You must purchase an extended license from Typolar or its authorized distributors.
1.3. “Use” means to design Your own personal or business Website with the typeface embodied in the Font Software and to make accessible the Font Software together with Your Website on a web server in order to enable a web browser to render the content of such a Website using the respective Font Software. Use does not include the behaviour set forth in Clause 2.2. below.
1.4. “Website and Domain”. Website as used here is a connected group of related web pages which form an entity whose content is managed by You, and which are organized under a particular domain name, including sub-domains. The Website can be viewed either over Your local area network or over the Internet. For the avoidance of doubt, web pages on sub-domains whose content is managed by other persons are deemed to be not part of Your Website.
1.5. ”Unique visitor” as used here is an user of the Website that have had at least one visit on the Website within one month. The Font Software is licensed for a limited number of domains and a defined number of unique monthly visitors. If the maximum number of allowed domains or unique visitors is exceeded, the purchase of an additional license is required. Typolar reserves the right to inspect or monitor your usage.
2. Grant of License and Restrictions
2.1. Grant of License. Typolar grants You a non-exclusive license to Use the Font Software in a Licensed Unit for Your own personal or business purposes according to the terms of this Agreement. If the average number of unique visitors per month under which the Font Software is Used exceeds the amount set forth in the Licensed Unit, then You must request from Typolar or its authorized distributors an appropriate license extension covering all unique visitors; an additional fee will be charged for this license extension.
2.2. Restriction of Use. You are not allowed to copy, distribute or make the Font Software available to third parties so that they can use it for their purposes or for purposes other than the display of Your Websites. In particular (but not limited to), You are not allowed (i) to disseminate or make available the Font Software or parts of it through any online service or a file sharing platform or (ii) to sublicense the Font Software to third parties so that they can use it for their websites (even though such websites are hosted under Your domain name), e. g. for websites in social networks, for individual online shops under a common domain name, in blogging communities, by online editors, as a design tool, etc. If You wish to use the Font Software for such purposes, You must obtain a special license from Typolar or its authorized distributors.
2.3. No Embedding. You may not embed the Font Software in any documents (e. g. pdf documents), applications or devices other than Your Websites. You may not use the Font Software for other services that are rendering the fonts, e. g. pre-press, plotting, exposing, etc. If You wish to use the Font Software for such purposes, You must obtain a separate Desktop Font License from Typolar or its authorized distributors.
2.4. Backup. You may make backup copies of the Font Software for archival purposes only, provided that You retain exclusive custody and control over such copies. Any backup copy of the Font Software must contain the same copyright, trademark, and other proprietary information as the original.
2.5. Modifications. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or attempt to discover the source code of the Font Software except as expressly provided for in this Clause 2 and the Definition of Use. If You want to make modifications to the Font Software, You must obtain the prior written consent of Typolar.
The Font Software, and all copies thereof, is protected by the United States Copyright Law, by the copyright and design laws of other nations, and by international treaties. Any copyright, trademark and other rights belong exclusively to Typolar. You do not gain the ownership of the Font Software or any part hereof under this Agreement. The structure, organization, and the code of the Font Software are trade secrets of Typolar, and You agree to treat them as such.
4. Transfer of License
Except as expressly provided herein, You may not give, rent or lease the Font Software or parts of it to third parties. You may transfer all Your rights to use the Font Software and documentation to another person or legal entity provided that (i) the transferee accepts and agrees in writing (with copy to Typolar) to be bound by all the terms and conditions of this Agreement, and (ii) You destroy all copies of the Font Software and documentation, including all copies stored in the memory of a hardware device. Without limiting the generality of the foregoing, You agree that You will not distribute or disseminate all or any part of the Font Software through any online service.
5. Limitation of Liability
If the Font Software does not perform substantially in accordance with the pertaining documentation, the entire and exclusive liability of Typolar shall be limited to either, at Typolar’s option, the replacement of the Font Software or the refund of the license fee You paid for the Font Software. Typolar and its suppliers do not warrant the performance or results You may obtain by using the Font Software. Typolar and its suppliers make no warranties express or implied, as to non-infringement of third party rights, merchantability, or fitness for any particular purpose. In no event will Typolar or its suppliers be liable to You for any consequential, incidental or special damages, including any lost profits or lost savings, even if a Typolar representative has been advised of the possibility of such damages, or for any claim by any third party. This warranty does not affect any claims You might have against Your retailer.
Typolar has the right to terminate Your license immediately if You fail to comply with any term of this Agreement. Upon termination, You must destroy the original and any copies of the Font Software and documentation.
7. General provisions
You agree to inform all users who have legitimate access to the Font Software about the content of this Agreement and to make sure that they comply with the terms of this Agreement.
This Agreement may only be modified in writing signed by an authorized officer of Typolar. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
8. Governing Law
This Agreement will be governed by the laws of Finland. This agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.