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EULA (End User License Agreement)

Typeland End User License Agreement

 
Version 2.01

This End User License Agreement (EULA) defines the terms for the use of Typeland Fonts. The Agreement will be terminated if any of its terms are breached without prejudice to any right to damages or any other available remedies (whether contractual or otherwise). In case of a breach, any delay by Typeland in enforcing this Agreement does not constitute a waiver of its right to do so and to claim the appropriate damages, remedies and available restitution at a later point. Typeland reserves the right to charge you the cost of appropriate licensing on a case-by-case infringement basis, and/or to terminate the Agreement.

By downloading Typeland Font Software, by concluding a User Contract, by indicating acceptance (by clicking accept, ticking acceptance, emailing acceptance), by payment of invoice, or by opening/using Typeland Fonts you agree to the following terms.

Where you are entering into a User Contract, or using Typeland Fonts on behalf of a legal entity, you warrant and undertake that you have authority to bind the same. By purchasing a License, you receive a non-exclusive, non-transferable License to access and use the Fonts as set out in the terms of this Agreement. No intellectual property or ownership rights are granted as a part of this End User License Agreement.

Please note that the latest version of the EULA applies to and is
valid for all purchases, irrespective of when a License purchase was made. This is necessary in order to cover new technologies, platforms, and/or usage scenarios as they emerge in any future context, and in order to specify Typeland’s policies in relation to such contexts. While all authorised provisions of your License will remain intact in perpetuity, previous versions of the EULA are deemed to be subsumed and superseded by the latest EULA as published on our website: www.type.land
 
 
Definitions


License: the options offered in our online shop to purchase a License to use the Font Software, as well as custom purchasing options that are available on request.


Font Software/Fonts: the design, digital files, and source code thereof, which, when used, generates the typeface, typographic designs and, if applicable, ornaments or other designs, as well as any media, printed materials, electronic documentation, Font updates, add-ons, artwork, web services and other material associated with, or embodied within, the Fonts (and parts thereof).


Typeland/We/Us/Our: Alessia Mazzarella and Vaibhav Singh, trading as Typeland Ltd. in London, United Kingdom.


User Contract: the written order confirmed by Typeland by email in response to an order placed on its website, or offline, setting out the License Scope and parameters of usage, and any other agreed terms under which you license the Fonts and which incorporates the terms of this EULA.


Licensee/End User/You/Your: a natural and/or legal person who concludes the User Contract including this EULA with Typeland. A Licensee/End User is not defined as a distributor, reseller, dealer, sub-licensee, original equipment manufacturer, wholesale buyer or any similar entity. Typeland Fonts may not be distributed and/or sold to third parties by the Licensee under any circumstances.
 
 
1. Intellectual property


The Fonts and their related documents (and each part thereof, including individual typographic glyphs) are, and remain at all times, the intellectual property of Typeland in full. Your only rights to use the Fonts are as set out according to this EULA, and as specified in the User Contract.
 
 
2. Special uses


You must obtain a License extension from Typeland if you wish to use the Fonts in any way not covered in this EULA. Special uses for which separate licenses are required include: streaming and public broadcasting, use in alphabet products, hardware embedding, or any application where an unlicensed end-user can set type using the Fonts and/or create customised products using the Fonts.
 
 
3. License and usage rights


3.1Right to use
Subject to your ongoing observance of this EULA, and payment of all charges set out in a User Contract (appended to this EULA), Typeland grants you a non-exclusive, non-sublicensable, and non-transferable right to use the Font Software for your own personal or business purposes in accordance with the License Scope agreed (see 3.2). You have not purchased the ownership right to this Font Software, but rather a license to use it for specific purposes and within the restrictions of the License Scope.


3.2License Scope
The ‘License Scope’ is defined as the parameters set out and authorised by Typeland in the User Contract
 
a. Non-commercial License
A Non-commercial License is a discounted License that allows you to use the Fonts for non-commercial, or personal projects only. You may use the Fonts on your social media, websites, documents, and other personal projects, as long as there are no direct or indirect financial incentives. All freelancers, studios, businesses, organizations, and institutions must purchase a Commercial License.

b. Commercial License
A Commercial License is required if the Fonts will be used in any professional/public capacity by an individual, studios, businesses, organizations, and/or institutions, even if the usage has no direct financial implications. The size of your License must adequately cover the number of employees within the company, even if they will not be installing or using the Fonts.

With a Commercial License you may use the Fonts on any number of computers or devices. You may use the Fonts on your websites, in ebooks/apps, and social media, without limits to the number of viewers or users. There are some uses that are not covered within a standard Commercial License. These are classified as special uses, outlined above (see 2), and these require a Custom License.


3.3Transfer of License
You may not transfer any rights granted to you by this EULA to a third party under any condition. Transferring the License to a third party is strictly prohibited under this EULA. Granting sub-licenses, assigning in part, or distributing in any fashion (other than as outlined in the User Contract) is also strictly prohibited.


3.4Protection
You are responsible for securing the Fonts and making sure that unlicensed copies do not leave your possession. At a minimum, reasonable measures include (a) preventing unlicensed third-party access, i.e. hotlinking (b) not allowing direct download of the Fonts from your websites, and (c) not uploading on a publicly accessible repository for unrestricted access etc.


3.5Use in physical products
You may not use the Fonts in products or goods for sale where the Fonts are the primary design element or the basis for primary value. This includes, but is not limited to house numbers, signage, stamp sets, adhesive letters, alphabet punch-and-die sets, or any other methods for use in making such products. This also includes T-shirts, posters, pins, and other merchandise unless it is part of a larger design context. If you’re unsure if your project falls in this category, please contact us.


3.6Modification and derivative work
Typeland’s EULA does not permit you to modify, reverse-engineer, reformat, or decompile the Fonts in any way. You may not engage a third party to do the same without prior written permission from Typeland. We reserve all rights for Typeland Fonts, and you must get in touch with us for any additions or modifications to our Fonts. In addition, you may not create any Font Software that imitates, copies or replicates the glyphs generated by the Fonts.
 
 
4. Copyright and publication


4.1Copyright
You undertake to credit Typeland as the trademark and copyright owner of the Fonts, and to note the same wherever design, production, or any other credits are shown in such form as directed by Typeland. You shall not at any time remove any accreditation, assertion, or copyright notice from, or within, the Fonts. The Fonts, their documentation, and typographic outputs of the Fonts are protected under the laws of England and Wales and other international treaty provisions, including as a literary and artistic work. Typeland reserves all copyrights, trademarks and any other form of international property rights in and to the Fonts.


4.2Publication
Typeland may publicise, reference, and advertise the nature of its relationship with the Licensee (and its supply of Fonts) including on its websites or marketing material to display the same, unless the Licensee specifically asks us not to.
 
 
5. Warranty and liabilities


5.1Returns and exchanges
The Fonts may not be returned or exchanged unless defective. Defective software shall be replaced by the same software if accompanied with purchase receipt and if Typeland is notified within 30 days of purchase.

The entire risk of performance and aesthetic quality of the Fonts lies with the Licensee. Typeland does not warrant that the Fonts will operate compatibly with all other software products, or that they will satisfy all requirements. Typeland’s entire liability to the Licensee will not extend beyond basic technical advice and the provision of replacement Fonts in cases where defects are clearly identified and acknowledged by Typeland.


5.2Liability
This clause sets out Typeland’s entire liability to the other party for (a) a breach of this EULA and (b) any statement, representation, tortious act or omission (including negligence) arising under this EULA. This includes a party’s liability for acts or omissions of its employees, agents, subcontractors or consultants. Any and all other warranties, conditions or other terms implied by statue or common law are, as far as legally possible, excluded.

Typeland shall not be liable for any loss of profits, goodwill, reputation, business, anticipated savings, contracts, goods, data (or corruption of that data) or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. Typeland’s liability for all other claims which arise in connection with this EULA shall be limited to the monies paid by or owed by you in the 12 months immediately preceding the date of the event giving rise to the claim.

Nothing in this section, or elsewhere in this EULA, excludes or limits either party’s liability for: death or personal injury resulting from negligence; or any damage or liability you incur as a result
of fraud or fraudulent misrepresentation.

Notwithstanding, if you use or authorise use of Typeland Fonts outside of the permissions set out in the User Contract, you will pay to Typeland on demand such amounts equal to that which Typeland would have charged for an equivalent License via bona fide means, plus its legal and administrative costs in remedying the non-licensed activities on an on-demand, full indemnity basis, without prejudice or limitation to any claim ad remedies available to Typeland.


5.3Termination
Any violation, breach, failure to perform, or failure to abide by this EULA by the Licensee shall constitute a termination of this License. Typeland reserves the right to terminate this EULA with immediate effect, and any rights granted herein, by written notice setting out the breach of License. In the event that the EULA is terminated, you are obligated to immediately and irretrievably delete as reasonable the Fonts and all copies of Fonts from all media, platforms, devices, servers or other hardware.


5.4Disclaimer
You are aware that software is never completely error-free and that the Fonts may therefore contain errors which can affect functionality and operation. Fonts are provided ‘as is’ with no warranty whatsoever in relation to their deployment by you.


5.5Events beyond reasonable control
Neither party will be liable for a delay or failure to perform its obligations if the delay or failure results from circumstances beyond its reasonable control. This includes (but is not limited to) acts of God, flood, fire, accident, pandemic, epidemic or impossibility of obtaining materials.


5.6Severability
If any provisions of this EULA are held to be invalid, illegal or unenforceable, then such provision(s) shall be severed from it, and the validity, legality and enforceability of its remaining provisions shall not be affected or impaired.
 

6. Governing laws and Jurisdiction


This EULA shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim regarding or related to its subject matter including any non-contractual or tortious claims.

Typeland expressly reserves the right to amend and modify this Agreement at any time and without obligation of prior notification. For any licensing conditions not covered in this agreement, please contact us at hello@type.land

 


Copyright © 2020–23 Typeland
End User License Agreement • Version 2.01

 
 
 

Typeland End User License Agreement

 
Trial Fonts

 
1. Intellectual property


The Fonts and their related documents (and each part thereof, including individual typographic glyphs) are, and remain at all times, the intellectual property of Typeland in full. Your only rights to use the Fonts are as set out according to this EULA, and in the case of a full Commercial License as specified in the User Contract.

 
2. Trial Font usage


You may use Trial Fonts for evaluation and testing purposes only, including for mock-ups and presentations to clients to showcase potential uses. Any actual use requires a full Commercial License.

 
3. License and usage rights


You must obtain the appropriate full License from Typeland if you wish to use the Fonts in any way not covered in this EULA.


3.1Permitted use
Trial Fonts may be used for internal evaluation purposes only, not for any public use. You may use Trial Fonts to create mock-ups, visualisations for presentation within your organisation. You may install the Trial Fonts on as many devices within your organisation as required for evaluation purposes only. You may use the Fonts for presentations to clients to demonstrate potential use. You must not use Trial Fonts for any commercial purposes. This includes, but is not limited to, any consumer or customer facing applications or business, any commissions or sales which include use of the Fonts. You must not distribute the Fonts to any person or external entity.


3.2No public or commercial use
If you wish to use the Trial Fonts for commercial purposes, you must purchase an appropriate Licence from our website for the full version of the Fonts.


3.3Modification and derivative work
Typeland’s EULA does not permit you to modify, reverse-engineer, reformat, or decompile the Fonts in any way. You may not engage a third party to do the same without prior written permission from Typeland. We reserve all rights for Typeland Fonts, and you must get in touch with us for any additions or modifications to our Fonts. In addition, you may not create any Font Software that imitates, copies or replicates the glyphs generated by the Fonts.


3.4Transfer of License
You may not transfer any rights granted to you by this EULA to a third party under any condition. Granting sub-licenses, assigning in part, or distributing in any fashion is also strictly prohibited.


3.5Use in logos, wordmarks, physical products etc
A Commercial License is required for Typeland Fonts even if the use is very specific or limited, such as in logos (single or multiple glyphs), wordmarks, physical products or any other actual/public use. Please get in touch with us prior to using the Fonts in logos, corporate identity, or any commercial products to ensure you are not in breach of the terms defined in the License to avoid liability for damage claims based on the unauthorised use of our Fonts.


3.6Use by designers, studios, clients, companies etc
If you are using Trial Fonts to create mock-ups for a company or organisation who will be using our Fonts in any form subsequently, such as in their corporate material, social media channels etc, then the end-user or client must purchase a full commercial license based on their company size before any actual/public use.

As a designer/studio using Trial Fonts, it is your responsibility to make the client/company/organisation aware of the requirement of appropriate Font Licencing before actual use. Without the appropriate License to cover the full extent of the use of our Fonts, both designer/studio and the client/company/organisation may be liable for damage claims for unauthorised use.

 
4.Governing laws and jurisdiction


This EULA shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim regarding or related to its subject matter including any non-contractual or tortious claims.

Typeland expressly reserves the right to amend and modify this Agreement at any time and without obligation of prior notification. For any further information or questions, see our website support (www.type.land/support) or contact us at hello@type.land

 


Copyright © 2020–23 Typeland
Trial Fonts License Agreement • Version 2.01