-
-
Notifications
You must be signed in to change notification settings - Fork 146
/
LICENSE
171 lines (147 loc) · 41.9 KB
/
LICENSE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
LICENSE EULA
© Copyright (C) 2023-present Namidaco <namida.coo@gmail.com>
# Production Type End-User License Agreement
## 1. Preamble
1. This Agreement is between you, the end-user, (the “User” or “End-User”, a registered business entity), and Production Systems SAS ("Production Type”), whose Website is [www.productiontype.com](http://www.productiontype.com/). Production Type and the User are each referred to herein as a “Party” and together as the “Parties".
2. The purpose of this Agreement is to grant a non-exclusive license to the User, to provide by Production Type the Font to the User; and to specify the conditions under which Production Type authorizes the User to use the Font. “Font” is defined as the graphic representations of a set of typefaces, glyphs, letters of an alphabet, figures, weights, styles, ornaments, designs, and graphics as data in a digital file, and to the software which integrates it and enables their generation, rendering and positioning, including rasterized or bitmap images, as well as other programmatic information.
3. This Agreement takes effect either at the moment when the User chooses to tick the box “*I agree to the Production Type [EULA](https://www.productiontype.com/help/end_user_license_agreement) and the [Terms of use](https://www.productiontype.com/help/terms_of_use)*” on Production Type’s Website, or at the signing of this Agreement by the Parties. This Agreement, its Addenda, and the Invoice (indicating the name of each Font, the types of Licenses purchased, as well as the price) supersede any prior oral or written understandings between the Parties and annul and replace prior oral or written commitments between the Parties on the same subject.
4. For the purpose of providing notice pursuant to the terms of this Agreement, Production Type’s address and User’s address are that included in the Invoice.
5. This Agreement is only valid with at least one Addendum. Addenda are an integral part of the Agreement. In this document, the use of the term Agreement refers to the present document and any Addendum.
## 2. License use
1. **Usage.** Production Type grants the User a non-exclusive, non-transferable, non sub-licensable license to use the Font, subject to the provisions of this Agreement, and full payment of the fees pursuant to Article 6 of this Agreement.
2. **Users.** It is expressly understood that the “User” in this Agreement is the actual end-user and that references herein to “User” encompass the “User Group” (as defined in the Addenda).
3. **License type.** The scope of the license varies according to the choice of the User from among the different “License types” in the Addenda. If the Invoice identifies a limitation (such as, but not limited to, brand, project, or Website domain name), the license is limited as set forth therein.
4. **Regular personal and business use.** The license allows the User to use the Font in accordance with instructions and functionalities as described in the Associated Documentation, for the specific needs of the User’s commercial activity, particularly for promotional and publicity purposes. “Associated Documentation” refers to the proof of functionalities linked to the Font, and enabling its use, as available on Production Type’s Website, such as the Font’s specimen and/or the minimum systems requirements page.
5. **Procurement.** If you intend to procure a license on behalf of another party (for example, if you are an independent contractor who wants to procure a license to perform a work for a company), the license must be in the name of the end-user, and your use would be governed by a “Third-Party Addendum".
6. **Backup copies.** The User may make backup copies of the Font beyond the copies used as expressly authorized herein, solely for the purposes of archiving, and agrees to control and protect them. In case of termination of the Agreement, the User must immediately destroy the Font and all copies thereof under the conditions set out in Article 8 of this Agreement.
7. **Additional Usage.** The scope of the licenses listed hereinafter as “License types” in the Addenda are independent from each other, and more than one type of License may be purchased. Any usage not expressed in this Agreement is not permitted unless separately agreed to in writing.
## 3. Limitations
1. Any rights not expressly granted to the User are reserved for Production Type. The User is prohibited from any use of the Font outside the scope determined by the license under this Agreement. Failure to respect this prohibition constitutes a material breach of this Agreement for which the User shall be held liable, and may result in a claim for damages, and in the termination of this Agreement including but not limited to all support rights and warranties granted herein.
2. By way of example and not limitation, the User is not authorized to:
1. **Copy:** The User may not share, copy, transfer, market, hire, sub-license, give, lend, distribute, market, or otherwise provide the Font to a third party (which includes but is not limited to any subsidiary, affiliate, franchisee, assignee, agent, customer, client, subcontractor, designer, supplier, independent contractor or freelancer).
2. **Modify:** The User may not modify, edit, adapt, or subset the Font, or create derivative works based on the Font. The User is not authorized to modify or amend the digital data characteristics of the Font, wholly or partially, including but not limited to the creation of additional weights, styles, or variations, the creation, modification, or removal of existing typefaces, glyphs, metrics, spacing, kerning, or hinting data. The components of the Font are provided as a single unit. The User is not authorized to separate the components and install them on different devices.
3. **Decompile:** The User may neither reverse engineer, decompile, disassemble, alter, nore attempt to access the source code of the Font. The User’s right to use the Font is, in all cases, limited to the executable code, and any attempt to access the source code is prohibited. This limitation is without prejudice to applicable mandatory legal provisions and treaties, particularly relating to interoperability, and solely to the extent that the decompiled data is necessary for inter-operability and has not been provided by Production Type, after written request by the User.
4. **Convert:** The User may not convert the Font into another format. Production Type has the sole right and authorization to supply the Font in different or supplementary formats, at a discretionary fee. Any conversion is the exclusive property of Production Type, and the User agrees to be bound by the entirety of the stipulations of this Article 3.
5. **Embed:** The User may not create a digital file (including, but not limited to PDF files and other formats) in which all or part of the Font is embedded in a format that enables its extraction, editing, alteration, enrichment, or modification by the recipient of such a document, in any way whatsoever. This prohibition includes the extraction of vector contours. The User may not transmit a file in which the Font is embedded to any third party that could extract the Font from such a file.
6. **Original Equipment Manufacturer (OEM) embed:** The User may not embed the Font into manufactured products (including, but not limited to portable, integrated, onboard equipment and electronic systems, interactive terminals, portable game consoles, smartphones, or tablets), regardless of whether the display of the Font springs from an image of the Font in vector or bitmap format (such as TIFF or GIF or any other format) or from the Font file itself.
7. **Create letterlike products:** The User may not create alphabet products or devices for the creation of forms of letters (such as but not limited to stamps, decals, tattoos, stencils, adhesive letters, numbers, and house plaques), or any product or derivative product, linked to the form of letters and other glyphs contained in the Font (such as symbols, or any other non-alphabetical glyphs).
8. **Create merchandising products:** The User may not create any merchandising products (such as but not limited to goods for sale, logo design, retail packaging, clothing, textile and apparel, decor, crockery, or point-of-sale display) using the Font.
3. By accepting this Agreement, or by downloading, installing, or using the Font, the User does not become the owner of the Font or of the font file, nor of the rights to the Font or the Font file. There is no act of “purchase” or “sale” of the Font of the Font file. The User only acquires authorization to use the Font or the Font file under the terms and conditions and within limits provided in this Agreement. Production Type remains the sole owner of the rights to the Font and the Font file.
## 4. Duration and territoriality
1. **Duration.** The right to use the Font granted within the framework of the Agreement is granted, according to that indicated in the Invoice, either for a:
1. Permanent Duration, defined as the legal protection period of the Font as provided by applicable intellectual property laws, as currently in force, or that which may result from any legislative change; or a
2. Specified Term ("Term”). In this case, the Term is automatically renewed for the same time period unless any Party gives notice in writing one month before the end of the initial or any subsequent Term. All uses permitted herein must be discontinued by the Term expiration date, subject to all of the provisions of this Agreement unless new Addenda covering a future time period are granted.
2. **Territoriality.** The type(s) of license(s) selected by the User, as described in the Addenda, are granted according to that indicated in the Invoice, either:
1. Worldwide; or for a
2. Specified geographical location (defined as “Zone”).
## 5. Intellectual property
1. The Font is protected by intellectual property rights owned by Production Type, contract law, and common liability law.
2. Production Type has and retains exclusive ownership, title and interest, and all associated intellectual property rights related to the Font in whole or in part, which the User acknowledges. The authorization granted to the User under this Agreement does not transfer to the User any of these rights, either in whole or in part.
3. Under no circumstances may the User act as the owner of the digital file that Production Type makes available to the User. The physical control of the file is only granted to allow the User to enjoy the limited rights granted and subject to the authorization given.
4. If a dedicated “Credits”, “Colophon”, or similar section exists, the User has an obligation, to a reasonable extent, to credit Production Type as the originator and holder of all rights attached to the Font, and to display citations of authorship, copyright, trademark, or other applicable law attached to the Font.
## 6. Payment
1. Pricing assumes that the terms of this Agreement are unchanged. Production Type reserves the right to charge supplemental fees for any changes to this Agreement requested by the User.
2. In consideration for the provision of the Font to the User and the authorization granted to it under this Agreement as specified in the Invoice and the Addenda, the User shall pay Production Type the sum indicated on the Invoice.
3. Full payment is the condition for providing a download link to the User, thus enabling the download of the selected Font. Payment is due:
1. For any order made online, directly after confirmation of the order placed on the Website.
2. For any order made offline, on receipt of the Invoice sent by Production Type to the User.
4. It is specified that in all cases, the license is only granted to the User subject to the condition that the entire price has been paid to Production Type.
## 7. Warranties
1. **Warranties by Production Type.** Production Type warrants that it has the legal capacity to enter into this Agreement, and holds the required intellectual property rights to grant the authorizations to the User set out in this Agreement. Production Type shall hold the User harmless against any claim or suit that might be brought by any person or entity regarding intellectual property rights to the Font (expressly excluding their use by the User), as long as:
1. The User has promptly notified Production Type of the claim;
2. Production Type has been able to freely conduct, at its own cost, the defense of its interests, and in particular has given its agreement to the choice of counsel; and that the User has promptly provided the information and assistance reasonably necessary to conduct said defense.
2. **Warranties by the User**
1. The User warrants it has the legal capacity to enter into this Agreement, has read and understood the Agreement, and agrees to be bound by its terms and conditions. The User warrants that all members of the User Group are aware of and agree to be bound by the terms and conditions of this Agreement. In case of any unauthorized use of the Font or other breach of this Agreement, the User acknowledges its liability to Production Type, and its obligation to compensate Production Type in this respect.
2. The User guarantees Production Type against all uses, representations, or reproductions, particularly in the form of a copy, of the Font, in whole or in part, or any other unauthorized or non-compliant use, and acknowledges that it shall be solely liable in the event of representation, reproduction, or extraction of the Font, in whole or in part, in particular by unauthorized users, and/or in the event of use in anything other than compiled executable form.
3. **Fitness for Particular Purpose.** While Production Type warrants the Font’s ability to be properly installed for thirty days following delivery, it does not guarantee the Font’s fitness for the particular purpose envisioned by the User. To make a warranty claim concerning the installation of the Font, the User must contact Production Type through its Website. Claims must include the Invoice receipt and documentation of the issue.
4. **Disclaimers**
1. To the fullest extent permitted by law, Production Type disavows any liability in any respect whatsoever for direct and/or indirect detriment pertaining to this Agreement except in the sole instance where a causal link has been established between the alleged detriment and gross misconduct or intentional fault of Production Type.
2. The User alone shall bear responsibility for the detriment due to any non-compliant usage, and further agrees that it bears the responsibility of complying with all laws, foreign and domestic, on the control of exports or transfers of technology and responsibility for the detriment due to any failure to comply.
3. In all instances, the User hereby agrees that Production Type’s total liability for any detriment suffered by the User in connection with this Agreement is limited to:
1. For Licenses granted for a permanent duration: the amount paid by the User to Production Type under Article 6 of this Agreement.
2. For Licenses granted for a yearly duration: the latest yearly amount paid by the User to Production Type under Article 6 of this Agreement.
3. For recurring payments, the amount is limited to one (1) year, calculated on the basis of the prorated amount of the last twelve (12) months.
## 8. Termination
1. **Termination for non-compliance**
1. This Agreement is subject to termination by Production Type if the User breaches any of the terms and conditions stated herein. Such termination of the Agreement may be effected thirty (30) days after notice has gone unanswered.
2. Production Type may, but is not required to, offer revised conditions of the Agreement on which the User may continue to use the Font after curing the breach in an appropriate manner. (For example, if the User fails to respect the Agreement’s “User Group” limitation, Production Type may require as a condition of continued use that the User expands the User Group to “unlimited employees” so there will be no need for future oversight on this issue.)
3. In the event of termination for breach, the User is required to immediately recall documents printed on tangible formats published with the help of the Font that have already been distributed. The User may not use up existing stocks not yet distributed before the termination date. No re-publication or reprint is authorized after the termination date.
4. In addition to any damages the breach may cause Production Type, Production Type will be entitled to payment by the User of the costs incurred by it to investigate and address the violation, enforce the license, and finalize a settlement, including reasonable bailiffs’, investigators’, and attorneys’ fees.
2. **Consequences common to all types of terminations.** In case of termination of this Agreement, the stipulations of Articles 1, 5, 7, 8, 9, and 11 remain applicable. No fees will be refundable to the User upon termination. As of the date of termination, the User must immediately:
1. Cease use of the Font to publish all documents, withdraw Font files from any intangible or digital formats (applications, software, servers, etc.), and disable the display or the use of the Font on all types of formats or terminals.
2. Delete the Font and any copies from all servers, computers, devices, and any other space on which the Font is stored. The User acknowledges that the retention of the Font after termination of the Agreement constitutes a breach for which the User may be subject to legal action.
3. Recall all digital files and products integrating or making it possible to generate the Font. The User must remove all references to the Font file and name in code and commented-out code, including that of a website or any digital file and product.
4. Submit a declaration signed by the User (or an officer of the User) that attests to the compliance with the provisions herein. The cure of a breach or the termination of the Agreement is without prejudice to Production Type’s entitlement to damages.
## 9. Assignment
1. This Agreement is concluded by Production Type in consideration of the User’s person. The User therefore agrees not to assign, subrogate or transfer this Agreement, in whole or in part, to a third party, without Production Type’s prior written consent.
2. This Agreement is concluded by the User regardless of Production Type’s person, Production Type may assign, subrogate or transfer this Agreement, in whole or in part, to a third party, without the User’s prior written consent.
3. Should the Font and/or the Agreement be validly transferred by the User to a third party in application of the law, said transfer shall only be valid and enforceable against Production Type on condition that the User informs Production Type of the identity and full contact details of the above mentioned third party and that the User provides proof to Production Type of the destruction of all copies of the Font by the initial User.
## 10. Applicable law and competent jurisdiction
1. The Parties agree that the Agreement is prepared, subject to, and interpreted according to the laws of France and that the exclusive jurisdiction for any disputes shall be the competent courts of Paris.
2. In the event of a potential dispute, the User undertakes to provide notice to Production Type, either by email or by registered mail with acknowledgement of receipt, of the issue and to engage in good-faith discussions to reach an amicable solution. In the event of failure to reach an amicable solution, the Parties agree that the dispute shall be heard as set forth above.
3. The User expressly agrees that the United Nations Convention on Agreements for International Sales of Goods is excluded.
## 11. General
1. **Audit.** During the term of this Agreement and one year after its termination, if Production Type so requests, the User is required to provide complete and accurate answers to Production Type’s questions concerning equipment on which the Font is installed and uses to which the Font has been put, certified by the User (or an officer of the User). In addition, upon at least twenty days’ advance notice, Production Type may, either through its employees or a third party designated by Production Type, inspect the User’s records and equipment to verify compliance with the terms of this Agreement. Production Type will treat in confidence all information to which it has access in making an inspection, except as may be reasonably necessary to enforce this Agreement.
2. **Non-Waiver.** If the User is not sure that the use it intends to make of the Font is authorized, it must contact Production Type for verification. To obtain a customization or upgrade of a license, the User must contact Production Type for further information. The absence of any specific prohibition in this Agreement may not be interpreted as authorization or as authorized usage under any circumstance. The fact that Production Type might not have specified certain limitations in this Agreement, or might not enforce certain violations, shall not be deemed a waiver of any of Production Type’s rights; and the User remains required to comply with this Agreement.
3. **Agreement updates.** With the User’s consent, Production Type may amend or modify this Agreement, in particular for technical developments that may render obsolete or incomplete any provisions herein. Production Type shall inform the User and record the User’s consent to updates as stated in 1.4., or in any other written form.
4. **License normalization.** In the event of multiple license purchases over time by the User, if there are any differences in the terms between or among the Agreements issued in connection with the purchases, the terms of the latest Agreement shall govern the entirety of the User’s licensed uses. Production Type may also impose consistent Agreement terms on any related entities (such as foreign affiliates or franchisees) that license the same font family. Upon request and at Production Type’s discretion, a global corporation may be permitted to accommodate accounting needs by directing separate divisions of the company to purchase licensing separately; although liability for any license violations will be held solely by the corporate office and not decentralized to individual divisions. Further, such separate purchases are not eligible for bulk discounts. Upgrades and updates may be offered at the discretion of Production Type, and will be the subject of a new license, which may have new terms and/or fees. The User’s acceptance of an upgrade or update will automatically supersede this License and the User’s right to use the version of the Font Software covered by this License.
5. **Digital rights management.** Production Type can resort to technical measures to protect the Font, or to control its use. The User may not take measures aimed at misappropriating or infringing those technical measures. The User expressly recognizes and accepts that those technical measures may limit or revoke his access and use of the Font. The User also agrees to the automatic updating of those technical measures and the associated consequences. It is expressly agreed between the Parties that this specific commitment constitutes an essential and material obligation without which Production Type would not enter into this Agreement.
6. **Consequence of the invalidity of a provision.** If one or more provisions of the Agreement are held to be invalid or declared as such according to law, regulations, or following a definitive ruling by a competent court, the Parties agree to replace it with one that is as equivalent as possible in content and economic intent; and the Parties further agree that the remaining provisions shall retain all their force and scope.
7. **Agreement on means of proof.** The data from Production Type’s IT tools have evidentiary value between the parties. The User accepts that Production Type collects Users’ inbound IP addresses and login data to Production Type’s website, in particular for the purposes of monitoring the User’s access, its respect of Production Type’s rights, and as proof of any potential violation.
8. **Statute of limitation.** The Parties agree to contractually adjust the statute of limitation for any action that may be brought by either party concerning the validity, the enforceability, and/or the unwritten nature of this Agreement and each of its provisions. The statute of limitation is of one (1) year from the conclusion of this Agreement for any action referred to in the previous paragraph.
# Addenda: License types
## A. Trial
1. The User is authorized to install the Font exclusively for testing, evaluating, or comping. “Install” means making the font locally available to applications on a device.
2. The User is thus authorized to create artwork using the Font exclusively for this purpose.
3. Any other use, whether or not commercial, is prohibited, in particular the exploitation and dissemination of images or graphics showing the Font, including on any Website referring to the Font in its code or rendering text styled with the Font.
4. In order to use the Font in final work, or publish it, or otherwise render it public, the User must have a non-trial addendum that applies to the use.
5. The Font under this Trial license is provided on an ’as is’ basis without any warranties of any kind, and Production Type’s warranties in 7.3 and 7.4 do not apply.
## B. Desktop
1. The User is authorized to install the Font for internal business use. “Install” means making the font locally available to applications on a device.
2. The User is authorized to install the Font for a defined number of users as described in the Invoice ("User Group”). If the User is an entity, the User Group must all be employees of the entity. The Addendum fee is based on the total number of employees specified in the Invoice (across all geographical sites, measured over one year).
3. “Desktop” means the use of the Font on tangible media, enabling editing by the User alone; and the display and printing of human-readable text on tangible media, internally or as part of the User’s commercial activity, and to the exclusion of any use expressly granted in other Addenda types and of any commercial use of the Font itself.
4. By way of example only and not limitation, the Font may thus be used for the design and publication of printed graphics and static images, such as books, brochures, or catalogs; more generally, as part of literary and media publishing activity in which the Font may appear in a non-editable, non-embedded form. The Font may be used to create non-font static digital documents such as bitmap images on the web, and non-font vector images.
5. For the avoidance of doubt, the use of the Font is authorized for static text only, not dynamic. Use for dynamic text editable by a third party, display and print of variable data, dynamic display of the Font, and dynamic rasterizing and rendering of the Font as bitmap images, are not part of this License and are not authorized either.
6. **Addendum to Article 3.2 “Copy”:** For the exclusive purpose of outputting certain files, the User is permitted to transfer a copy of the Font used for creating the relevant file to a printer or printing service provider, on the condition there be no active use of the Font (for example, but not limited to: for text formatting, editing, or corrections). If active use of the Font is needed, such service providers are required to purchase their own license. The User must inform any such service provider about the content and restrictions of this Agreement, including the prohibition against reproducing, distributing, providing to the public, disseminating, executing or more generally exploiting in any way, free or at cost, the Font. Copies of the Font shall be deleted immediately after performing the service. In the event the User is a service provider and purchases a License of the Font for its own use, the license does not cover the use of the Font for any of the User’s customers, which must acquire their own license.
7. **Addendum to Article 3.6 “Embed”:** For the exclusive purpose of outputting certain files, the User is permitted to embed the Font in digital documents only when intended for printing. The User recognizes that the transmission of a document in PDF file format set to “printing and viewing only” is the first and best method for transmitting documents to a service provider. All other provisions of Article 3.6 remain in force, especially pertaining to the unauthorized distribution of digital documents where the Font is embedded. This special authorization is granted without prejudice to the User abiding by all other obligations set out herein, and particularly this Addendum and Article 8.
8. The User may install and use the Font through a standalone desktop software that relies on a remote cloud server infrastructure, has a desktop interface, that does not embed the font inside the desktop software itself, and that does not use the font for interface elements. The User may install the Font on a local file server, such as a network font manager, for use on a local area network (LAN), solely in the case where use of the Font is expressly limited to the total number of users (User Group) that may install the Font under this Agreement, corresponding to the total number of persons that may have access to the Font at any moment.
## C. Web
1. The User is authorized to use the Font and display online text onto a Website, accessible via a web browser only, whose domain name (URL) is specified in the Invoice, as well as for an unlimited number of sub-domains related to the domain name specified in the Invoice, enabling the static display of the Font exclusively on screen, whatever the access device used (personal computer, smartphone, tablet, etc.). If a brand is identified in the Invoice, the domains must be substantially dedicated to the licensed brand, and the brand must be prominently displayed and identified on the domains (or, if there are multiple brands, they must all be owned by the User, and the Font may be used only for the licensed brand(s)). The User may not install the Font in any manner whatsoever. “Install” means making the font locally available to applications on a device.
2. **Addendum to Article 3.6 “Embed”:** The User may embed the Font in a website to render text in HTML pages via the @font-face CSS command, and may copy the Font in databases produced by the User. The reproduction of the Font is authorized in this circumstance only to the extent that it is necessary to the use of the Font and its execution to generate websites pages using the Font, and the consultation and editing of text by website visitors of said website pages using the Font.
3. **Addendum to Article 3.2 “Copy”:** For the exclusive purpose of previewing certain files, the User is permitted to transfer a copy of the Font used for previewing the relevant file to web developers and web agencies, on the condition that there be no active use of the Font (including but not limited to text formatting, editing, or corrections). In the event active use of the Font is desired, such service providers are required to purchase their own license. The User is obligated to inform any such service provider about the content and restrictions of this Agreement, including the prohibition against reproducing, distributing, providing to the public, disseminating, executing or more generally exploiting in any way, free or at cost, the Font. Copies of the Font shall be deleted immediately after performing the service. In the event the User is a service provider and licenses the Font for its own use, the license does not cover the use of the Font for any of the User’s customers, which must acquire their own license. The User is permitted to transfer a copy of the Font to a provider supplying hosting Servers (defined as a remote web-based storage service such as remote servers, cloud, and other similar services) to the User, as part of a web use requiring the remote execution of the Font, it being understood that the Font format may not be modified, and that only the copy of the executable version of the Font, as provided by Production Type, is authorized. The Font must not be supplied in a format that enables extraction. If the correct functioning of the website created by the User requires the storage of the Font in a remote storage space in a format that enables the extraction, editing, alteration, enrichment, or modification of the Font by a third party, the User is required to inform the provider of the need to prevent any extraction or representation of the Font, and all reproductions other than those strictly necessary for the operation of the website. The User is further required to prevent the unauthorized copy or extraction of the Font, and in particular the linking to the Font from unauthorized websites and domain names outside of those specified in the Invoice. To prevent unauthorized use of the Font, such protection measures include protection by Cross-Origin Resource Tracking (CORS) headers, and the use of a .htaccess file.
4. The User is not authorized to print elements displayed on screen containing the Font. The use of the Font is authorized for static text only, not dynamic. Use for dynamic text editable by a third party or the displaying and printing of variable data is not part of this license. The dynamic display of the Font, and the dynamic rasterizing and rendering of the Font as bitmap or vector images, or the dynamic embedding of the Font in electronic documents, is not authorized either. To further clarify, the use of the Font to generate static documents (e.g., variable data printing, automatic PDF generation, or print-on-demand products) is not authorized. Use in banners, pop-up advertising, email newsletters, and HTML5 ads on third parties web servers and websites is not authorized. The User may not install and use the Font through a standalone desktop software that relies on a remote cloud server infrastructure, has a desktop interface, that embeds the font inside the desktop software itself or that uses the font for interface elements.
5. The User must own, control, and be the sole effective beneficiary of the domain name on which the Font will be used. The User shall indemnify Production Type against all representations or reproductions of the Font outside of the license, particularly in the form of a copy, extraction, or direct links. The User acknowledges that it is solely liable in the case of a copy, representation, reproduction, or extraction of the Font, particularly outside the domain name specified in the Invoice. For the avoidance of doubt, if there is a difference between the registrant and the website operator of the domain name, the website operator is considered to be the effective beneficiary.
## D. Social Media
1. The User is authorized to install the Font for Social Media use. "Install” means making the font locally available to applications on a device. The User is authorized to install the Font for a defined number of users as described in the Invoice ("User Group”). If the User is an entity, the User Group must all be employees of the entity. The Addendum fee is based on the total number of employees specified in the Invoice (across all geographical sites, measured over one (1) year).
2. The fee is based upon the cumulated number of followers on cumulated Social Media Accounts ("Accounts”) specified in the Invoice (measured over one year) for all of the Social Media Accounts that display the Font. A follower of multiple Accounts is counted for each one, up to the maximum stated.
3. The User is authorized to use the Font and the display of rasterized text for online use on Social Media Accounts, enabling the static display of the Font on screen exclusively. If a brand is identified in the Invoice, the Social Media accounts must be substantially dedicated to the licensed brand, and the brand must be prominently displayed and identified on the Account (or, if there are multiple brands, they are all owned by the User, and the Font is used only for the licensed brand).
4. By “Social Media” use, is meant any use of the Font on a Social Media, enabling editing by the User alone, then the display of human-readable text on a digital media, internally or as part of the User’s commercial activity, and as an accessory to this activity, to the exclusion of any use expressly granted in other licenses types and of any commercial use of the Font or the Font themselves.
5. The Font may thus be used for the design and publication of social media digital graphics, static images, and streaming videos, as organic, paid-for, promoted or sponsored posts on Facebook, Instagram, Snapchat, Twitter, Youtube, TikTok and other channels.
6. Any other use beyond those listed herein is subject to the purchase of the appropriate License type. The use of the Font is authorized for static text only, not dynamic. Use for dynamic text editable by a third party or the displaying and printing of variable data is not part of this license. The dynamic display of the Font, and the dynamic rasterizing and rendering of the Font as bitmap images, is not authorized either.
## E. Mobile App
1. The User is authorized to embed, load, and use the Font for the display of text inside a mobile application ("App”) exclusively on mobile devices such as phones and tablets, whose name and Operating System platform ("OS”) is specified in the Invoice, enabling the static display of the Font on screen exclusively. If a brand is identified in the Invoice, the App must be substantially dedicated to the licensed brand, and the brand must be prominently displayed and identified on the App (or, if there are multiple brands, they are all owned by the User, and the Font is used only for the licensed brand). The User must own and control the App in which the Font will be embedded.
2. The fee is based upon the cumulated number of downloads on cumulated platforms specified in the Invoice (measured over one year) for all of the Apps that display the Font. A download of multiple Apps is counted for each one, up to the maximum stated.
3. Use of the Font is solely authorized during the execution of OSs for mobile device and particularly iOS, Windows Mobile, and Android, therefore exclusively on smartphones and tablets, thus excluding desktop and laptop computers.
4. Use of the Font is authorized for a downloadable mobile game App. This license does not cover video games executable on game consoles, desktop, and laptop computers.
5. **Addenda to article 3.6 “Embed”:** The User may embed the Font in an App to render texts, inputs, and interface elements. It is specified that the reproduction of the Font is only authorized here to the extent that it is the necessary accessory to the use of the Font and its execution to generate App interface elements using the Font, and the consultation and editing of text using the Font by third-parties using said App ("App User”). A copy of the Font may be made for embedding into the App, it being specified that only the executable version of the Font may be used. The Font must be securely loaded into the App and made inaccessible by the App User other than for use in the App, especially not accessible in the device’s font library, the use of the Font being strictly limited to the App for which the license was granted.
6. **Addenda to article 3.2 “Copy”:** The User may not copy the Font in remote databases produced by the User. The User may not enable the generation of content requiring the execution of the Font via a remote connection with which the Font is used. Likewise, the copying of the Font by a provider supplying remote storage services (remote servers, cloud, etc.) for the User is not authorized.
7. The Font may not be used to create electronic documents or digital files that the User may embed into the application.
## License Add-ons
:::info
The below add-ons are not available for online licensing. Please [get in touch](/contact) for a quote.
:::
1. **Logo** License for use of an outlined Font, modified or not, in an artwork that can be trademarked or registered such as logo, brand mark, tagline, baseline, or slogan.
2. **Audio-Visual and Film** License for use in audio-visual, film, TV, streaming, broadcasting, or motion graphics material, public or private.
3. **Third Party** License for the transmission of the Font to designated third parties for the provision of services and editing exclusively in connection with a brand or project.
4. **Advertising (OOH/DOOH)** License for use in advertising campaigns, audio-visual ads, billboards, vehicles, out-of-home advertising, and digital out-of-home advertising.
5. **Online advertising** License for use in banners, pop-up advertising, email newsletters, and HTML5 ads on third party web servers and websites.
6. **Digital POS** License for use in digital point-of-sale displays and in-store advertisement, retail stores, public indoor displays.
7. **Product Packaging & Merchandise** License for use in product packaging and labels, promotional or commercial goods, and merchandise such as textile products and accessories.
8. **OEM Software/Hardware embedding** License for embedding the Font in hardware devices, consumer electronics, and standalone software.
9. **Videogame** License for embedding the Font in a videogame title.
10. **Epub and Online PDF Publications** License for embedding the Font in Epubs or PDF documents available for download.
11. **Powerpoint embedding** License for embedding the Font in PowerPoint and other presentation software documents.
12. **Architecture, signage and environmental graphics** License for use of the Font on a designated geographical location, such as building, exhibition, event, conference, congress, or festival, for digital and analog signage, and environmental graphics.
13. **Server** License to use the Font in a web server or a CMS for the dynamic generation of analog and digital content such as PDF, business documents, brand assets, retail labels, variable data prints, tickets.
14. **Analog Distribution** License for creating alphabet or letterform products such as stamps, house numbers, letter stickers.
```EULA V7.018 - 20230615```