Mobile App Font Software End User License Agreement

Please read this document carefully. We recommend that you print a copy for further reference.

This End User License Agreement (further referred to as the “Agreement”, “EULA,” “License,” “Agreement”, or “License Agreement”) is a legal agreement between you and Type Tailors BVBA, doing business under commercial name Type By, with a registered business address at Mechelsesteenweg 25, B-2018, Antwerp, Belgium, with a business registration number BE0894904974 (further referred to “Type Tailors”) and becomes a binding contract between you and Type Tailors BVBA. This Agreement governs the terms of use of the Font Software and the design of the Fonts embodied therein (collectively, “Font Software”), together with any printed materials, media and electronic documentation, updates, add-ons, artworks, web services, mobile services, and any other material that may be associated with the product now or in the future. This Agreement becomes effective (1) when you click on the area marked “I agree to all terms and conditions of the applicable license agreement(s),” or (2) if you are acquiring Font Software on a compressed archive delivered via e-mail attachment, or a delivery on a CD, DVD, or when you open the package in which the font software is contained. If you do not wish to enter into this Agreement, do not purchase, download, install, or access and use the Font Software.

  1. This License is directed to use of the Type Tailors Font Software as mobile app fonts. Downloading Type Tailors Font Software for use on a desktop, laptop or workstation is controlled and only permitted under a different License. If you wish to use and/or install the Type Tailors Font Software on your desktop or personal computer or on a server for use and access by a desktop or personal computing device, you must acquire a separate license. You further agree to exercise reasonable care to avoid unauthorised distribution of the Font Software. If you cannot or do not agree to the terms of this license, do not access or use the Type Tailors Font Software.

  2. The Font Software will be transmitted for your use in the OpenType-TrueType (“OTF-TTF”) format and/or such other formats as Type Tailors may determine or otherwise agree, at its discretion.

  3. This non-exclusive, revocable license grants you limited rights to use the Font Software in a compiled mobile application (“app”) for iOS, Android, Windows Phone and other mobile device operating systems. Other embedding or linking uses or techniques, such as Web fonts, EPUB, are not permitted under this license and, if so desired, require the purchase of an additional license.

  4. The Font Software is licensed only for use in apps, OSs, and platforms registered in your sales invoice.

  5. The Font Software is licensed for new installations of the licensed apps on end users’ mobile devices in perpetuity.

  6. The terms and price associated with this License are based upon the licensed number of apps and Operational Systems as registered in the Sales Invoice accompanying this EULA. If you anticipate an increase in the number of apps, or Operational Systems, you should notify Type Tailors as early as possible. You are not entitled to a refund, offset or other adjustment in the event of a reduction in the number of apps.

  7. The use of the Font Software for static, dynamic or editable text is permitted. However, any use of the Fonts in editable text for the purpose of end user created designs, such as in templates, adding text to photographs or the creation of products requires the purchase of a separate license.

  8. The Font Software is the exclusive property of Type Tailors. All right, title and interest in and to the Font Software, the design of the Fonts embodied therein, the copyrights, all trademarks, trade names and service marks associated therewith are the exclusive property of Type Tailors.

  9. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or alter, the Font Software or the designs embodied therein. The Type Tailors Font Software and/or documentation may not be sub-licensed, sold, leased, rented, lent, re-served or given away.

  10. Use of Type Tailors Font Software in the following circumstances and/or applications is not permitted without first obtaining the appropriate license or license upgrade:

    • installation on desktop computers
    • use on websites
    • embedding in apps
    • embedding in software
    • embedding in electronic devices
    • gaming use
    • broadcasting and streaming of audio-visual titles
    • alphabet and/or letterform-related products, intended for resale
    • letterform creation products or devices, intended for resale
    • storing, caching, serving or providing access the font software to third parties via the internet, for use or display on the internet

      In order to obtain a license upgrade, you must contact Type Tailors at: sales@typeby.com for more information. If you are unsure whether your use of the Font Software is specifically permitted under this Agreement, please contact Type Tailors.

  11. If you are using the Font Software for the creation of a third party app you or the third party must purchase appropriate licenses and ensure that your client or end user is fully licensed for use of the Font Software.

  12. The creation of any derivative typeface design and/or font software is expressly prohibited. Any derivative typeface design work and/or font software created which use, incorporate or is otherwise based upon the design of the Fonts or otherwise incorporates any of the Font Software, including, but not limited to, other software, EPS files, or other works, are considered derivative works and any derivative work shall be the sole and exclusive property of Type Tailors and shall be subject to the terms and conditions of this License. Derivative typeface design works and/or font software, if any and whether permitted or not, may not be sub-licensed, sold, leased, rented, lent, or given away without the express written permission of Type Tailors. Type Tailors shall not be responsible or liable for the suitability for use or accuracy of any derivative works not created and/or supplied by Type Tailors.

  13. The License granted herein is bound to the licensee (you) and the apps and Operational Systems registered in the Sales Invoice accompanying this EULA and may not be transferred, loaned, sold or assigned to third parties. All rights not expressly identified and granted herein are expressly reserved to Type Tailors.

  14. The Type Tailors Font Software is protected under Belgian and international trademark and copyright law. You are required to identify Type Tailors fonts and ownership in any design or production credits.

  15. Any breach of the terms of this Agreement shall be cause for immediate termination without the obligation of notice or opportunity to cure. In the event of termination, Type Tailors shall be entitled to seek any and all remedies, under law or equity, including injunctive relief, without the obligation of bond or other limitations. You agree to immediately discontinue using and certify that no copies remain in your possession or control.

  16. All sales of Font Software are final. The Font Software may not be returned, exchanged, or refunded.

  17. Type Tailors warrants that the Font Software will perform substantially in accordance with its documentation for ninety (90) days following delivery of the Font Software. To make a warranty claim, you must return the Font Software to the online provider you acquired it from, together with a copy of your invoice and with sufficient information regarding your acquisition of the Font Software to permit the confirmation of the effective date of this License. Type Tailors hereby EXPRESSLY DISCLAIMS ALL WARRANTIES, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Type Tailors does not warrant that the operation of the font software will be uninterrupted or error-free, or that the font software is without defects. Under no circumstances shall Type Tailors be liable to you or any other party, for any damages (including but not limited to special, consequential, incidental damages, lost profits, savings or business interruption as a result of the use of the font software even if notified in advance of such possibility. You hereby agree that your entire, exclusive, and cumulative liability and remedy shall be limited to the cost of the Font Software or replacement thereof, either of each remaining at Type Tailors’s discretion. Under no circumstances shall Type Tailors’s liability to you exceed either the refunding of the cost of the Font Software or replacement of the Font Software, either of which shall be at Type Tailors’s sole discretion. The terms of this Agreement are contractual in nature.

  18. You expressly agree that this Type Tailors Mobile App Software End User License Agreement shall be governed by the laws of Kingdom of Belgium, as they apply to contracts wholly performed therein and without respect to its conflict of laws provisions or the conflict of laws provisions of any other jurisdiction. You expressly submit to the jurisdiction of the courts in the District of Antwerp, Belgium. You hereby expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

All inquiries may be sent via e-mail to hello@typeby.com. Type Tailors’s website is located at www.typeby.com.
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