End User License Agreement

This End User License Agreement (EULA) is a legal agreement made between fonts.xyz / Weichselplatz 3, Fabriken, Berlin, 12045, Germany (from now on referred as ‘fonts.xyz’), and the Licensee (from now on referred as ‘the Licensee’).

This Agreement governs the terms of use of the Font Software and the design of the Fonts, from now on referred to as Font, in any media, printed materials, electronic documents, artwork, web services and any other material that may be associated with the product now or in the future. For the purposes of the License, ‘Font’ shall be defined as the design of the Fonts together with the Font Software in which all typographic elements are contained. Font shall further comprise all bitmap and/or outline representations of typeface and typographic elements created by or derived from the Font.

ACTORS

At Fonts.xyz, the licensee is the Brand Company, the end-user who’s using the Font for the communication of their brand. In this license, they will be called the “Licensee”. Any external designer or agency producing the design work for the Company will be called the “Designer”.

GRANT OF LICENSE

Upon payment in full of the non-refundable license fee, Fonts.xyz grants the Licensee a non-exclusive, non-transferable, revocable license to use the Font Software, subject to all of the terms and conditions of this Agreement. Anyone using the Font agrees de facto to the terms of this contract. The Licensee is granted only the rights expressly stated in this Agreement, and use of the Font Software in any other manner is strictly prohibited.

COMPANY SIZE

At the time of purchase, the person placing the order (it can be the Designer) is asked to provide the name of the Company the font will be used by and for (e.g. the Licensee). By doing so, they testify the information filled in the license is correct and that the Licensee agrees to the License terms.

If the person buying the license fails to fill the Company name and website fields properly or purposely gives false information, the license will be considered null and won’t be refunded.

The Company Size means how many people work for the Licensee’s company and all its subsidiaries (employees and sub-contractors included). Any freelancer or sub-contractor working more than half of their time for the Licensee for a duration of minimum 3 months should be counted in their employee number.

If the Licensee’s employee number reaches above 20% more than the upper limit of the license tiers they chose at the time of purchase, they’ll need to update their license to the tiers directly above. Please contact us at info@Fonts.xyz for such update. If the Licensee doesn’t comply to this update, Fonts.xyz will terminate their license.

COVERED DESIGNERS

This license covers any Subcontractor (Designer or Studio) hired by the Licensee to execute some design work for them. As such, the Licensee should include the number of said Subcontractors in the total of their employees to choose their license tiers at the moment of purchase.

LICENSE COVERAGE

Our license includes everything a brand might need for their communication.

PRINT USE

Fonts.xyz grants the Licensee the right to use the Font within an unlimited number of printed elements such as books, leaflets, posters, packaging, signage…

WEB USE

Fonts.xyz grants the Licensee the right to use the Font within one unique web domain per license (and any of its sub-domains).

SOCIAL MEDIA USE

Fonts.xyz grants the Licensee the right to use the Font on their social media accounts.

LOGO USE

Fonts.xyz grants the Licensee the right to use the Font for the realization of any logotype for and within the licensee company.

SOFTWARE EMBEDDING

Fonts.xyz grants the Licensee the right to embed the Font within an unlimited amount of Software, such as Applications, Video Games or E-books (all named as “the App” in the following lines) per license. The Licensee is allowed to distribute the Font Software as an embedded file within the App and distribute copies of the App with the embedded Font Software. You can use the fonts in apps, video games and E-books.

The embedding technology shall exclude the App end-user direct access to the embedded Font Software in order to prevent it from being downloaded for any other use than within the App. When distributed within the App, the embedded Font Software shall by all means be protected against installation in the App end-user’s operating system.

HARDWARE EMBEDDING

Fonts.xyz grants the Licensee the right to embed the Font within an unlimited amount of Hardware, such as smart objects, screens, phones, cars, if owned and developed by the company. The Licensee is allowed to distribute the Font Software as an embedded file within the Hardware and distribute copies of the Hardware with the embedded Font Software. You can embed the fonts in hardware.

The embedding technology shall exclude the Hardware end-user direct access to the embedded Font Software in order to prevent it from being downloaded for any other use than within the Hardware. When distributed within the Hardware, the embedded Font Software shall by all means be protected against copy.

MERCHANDISING

Fonts.xyz grants the Licensee the right to use the Font to manufacture, print, emboss, engrave commercial and/or promotional merchandise such as apparel, accessories, presentation packaging, letterform products/objects, etc.

BROADCAST/VIDEO USE

Fonts.xyz grants the Licensee the right to use the Font within video or film work for broadcast, theater, streaming…

SERVER USE

Server use is defined as the embedding of the Font Software on a CMS or web server that can be accessed via the Internet or other external network system, for the dynamic generation of analog and digital documents of any sort. Fonts.xyz grants the Licensee the right to use the Font on one (1) production server.

LICENSE DURATION

When purchasing a license, the user is left between 2 choices regarding the length of their license: annual or perpetual. The Licensee needs an active license to install and use their Fonts (on a computer, a website, a server or an app), but also to keep using previously exported/traced documents using the Fonts such as a logotype.

Exceptionally, documents, images or videos using the Fonts printed, displayed or posted before the term of the license can stay in display and circulation even after the termination of the license.

Annual Subscription: This license is valid from one year from the moment of purchase.

The Licensee will be reminded of the end of their license 1 month before it terminates and will get a chance to renew for another year. If the licensee decided to not renew their license, they will lose any right to use the Fonts from the day after their license expired.

Perpetual License: This license is valid from the purchase day onward.

STUDENT DISCOUNT

Fonts.xyz provides a 80% discount to students and educators. Students might use such licensed font both for school projects and personal ones.

RESTRICTIONS

SUBCONTRACTORS AND THIRD PARTIES

The Licensee may provide the Font files to their subcontractors as long as they join a copy of this license with the Fonts. Such Subcontractors may include but are not limited to: a designer, a developer, a printer or a manufacturer that is working on their behalf for the printing or fabrication of any document covered by their license.

The Licensee may not transmit their license to, or sub-license the Font to any other third-party.

CONTENT CREATION AND DESIGN APPS

The Licensee may not allow third parties to use the Font through an app, website or service for the creation of original content or designs.

MODIFICATIONS

The Licensee may import characters from the Font Software as graphic objects into a drawing program, such as Adobe Illustrator, Photshop, Figma, etc. and modify them as graphic objects. The Licensee may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the licensed Font Software itself without Fonts.xyz’s prior written consent.

ETHICAL AND POLITICAL LIMITATIONS

The Font can not be used by, on behalf of, or for the promotion of any government agency, military or weapons manufacturer. It is also prohibited to use the Font Software to spread racist, homophobic, transphobic, or sexist content and messages. Fonts.xyz may withdraw any license from a license owner in the case that the license owner uses the Font to spread such messages. The license fee would not be refunded. Any licensing or use in the frame of a political campaign or organisation (slogans, logos, claims etc.) must be the subject of a prior written agreement from Fonts.xyz. Please contact info@Fonts.xyz.

COPYRIGHT

The licensee agrees that the Font Software and Fonts embodied herein are copyright-protected, and that all intellectual, moral and property rights including copyrights, design rights and other rights to the Font Software and the Fonts (including the design, software, artwork, the metadata, Font Software etc.) rest solely with Fonts.xyz and their Foundry partners. These rights are not limited to any geographical area but apply worldwide.

DISCLAIMER

Fonts.xyz does not warrant that the functions contained in the Font will meet the Licensee’s requirements or that the operation of the software will be uninterrupted or error free. Fonts.xyz shall not be liable for any direct, indirect, consequential, or incidental damages (including damages from loss of business profits, business interruption, loss of business information, reasonable legal fees and costs, and the like) arising out of the use of or inability to use the Font even if Fonts.xyz has been advised of the possibility of such damages.

TERMINATION

This Agreement is effective until terminated. This Agreement will terminate automatically without notice from Fonts.xyz if the Licensee fails to comply with any provision contained herein. Upon termination, the Licensee must destroy the written materials, the Font, and all copies of it, in part and in whole, including modified copies, if any. The license fee would not be refunded in this case.

GOVERNING LAW

The Licensee agree that any disputes arising from or related to this Agreement shall be governed by and construed in accordance with a jurisdiction of Fonts.xyz’s choosing. This Agreement contains the entire understanding between the parties and supersedes any prior understandings and agreements, oral or written, between the parties regarding the subject matter of this Agreement. No amendment to this Agreement shall be effective unless it is in writing and executed by both parties.