License
This End User License Agreement (the “Agreement”) is a contract between Element Type (the “Company”) and you, (the “Licensee”) (the entity or organization on whose behalf the Fonts are used, and whose name is specified during the checkout or sale process).
You may not access, use, or download the font software if you do not intend to be bound by this agreement. Before purchasing a license, if you feel that your use or requirement is not covered, kindly inquire with us.
You are buying the right to use of the fonts rather than the copyright of them. By purchasing, downloading, installing or otherwise using the Fonts (computer software containing representations of type face designs), you are agreeing to the terms of this Agreement.
Upon receipt of full payment of all applicable license fees, Element Type grants you the limited, non-exclusive, non-transferrable right to use the Fonts in accordance with the terms of this Agreement. You agree that all rights not granted to you by this Agreement are expressly reserved by Element Type.Please read the entire agreement before agreeing to abide by its terms and conditions.
1. Definitions
1.1) "Licensee Size" is the number of employees, including temporary staff, working for the Licensee.
1.2) "Designer" is any entity (such as a design agency or studio, individual designer, or other service bureau) that provides services to the Licensee involving use of the Fonts.
1.3) "Subcontractor" is any third party using the Fonts on behalf of the Licensee. Unless the Designer and Licensee are the same entity (i.e. the Designer is creating work for their own organisation), the Designer is a Subcontractor of the Licensee.
2. License Rights
2.1) A perpetual, non-exclusive, non-transferable license for the use of a font software is granted for your personal business or internal use only, and subject to all terms and conditions of this agreement. This license may be revoked by Element Type.
2.2) You have no rights over the font software other than those expressly set forth in this agreement.
2.3) You agree that Element Type holds all rights to the font software, its structure, organization, code and related files, including all copyrights, design and trademark rights.
2.4) You agree that the font software, its structure, organization, code and related files are trade secrets of Element Type and you agree to treat them as such.
2.5) Any use of the font software not expressly permitted by this agreement constitutes a breach of ownership. All rights not granted under this Agreement are expressly reserved to Element Type.
2.6) You acknowledge that the fonts are, among other means, protected under Canadian trademark and/or copyright law, by the trademark and/or copyright and design laws of other nations and by international treaties.
3. Commercial License
The cost of a Commercial license is determined based on the Licensee Size. The kind of license you bought is shown on your invoice. You’ll need to buy a license upgrade if the Licensee Size grows beyond the Company Size in the License Metrics section of your invoice. Aside from that, the license fees are one-time fees. There are no subscription fees.
3.1) A Commercial license permits you to use the Fonts within your organization. The Fonts are provided in OTF (OpenType CFF), WOFF and WOFF2 formats. Alternative formats might be provided on request, at the discretion of Element Type.
3.2) Except as otherwise specified by this Agreement, you may install the Fonts on any number of devices within your organisation; as long as you have stated the size of the licensing organization correctly, measured by number of employees. Only files provided by Element Type can be used.
3.3) OTF (OpenType CFF) Fonts can be installed on desktop computers of your organization in order to design images and documents for print and screen.
3.4) Webfonts can be used to create texts on your site. There is no limit to the number of domains or sub-domains in which Webfonts can be served as long as they all belong to and are under the exclusive control of the licensing organization. You may not use the fonts as a tool or feature for third parties to create custom products or documents, they are licensed only for your use. You may only serve the Fonts on websites using the CSS @font-face rule and in the WOFF and WOFF2 formats. Use of the Fonts in OTF or TTF format on the web is not permitted. Hosting of webfonts by any webfonts hosting service is strictly prohibited except with the prior written permission of Element Type.
3.5) You may use our fonts to design logo (be the vectors modified or not).
3.6) You can install fonts on a single file server for the use of a local network within your business or home as long as only people in your organization have access to the fonts.
3.7) You can embed fonts or rasterized images from the fonts (i.e. GIF, JPG etc.) into .pdf documents or Flash files, for viewing and printing only and you are allowed to distribute the font by embedding it in the mobile apps under control of your organization, so long as the font is embedded in such a way that the reader is restricted from changing its embedding permissions, extracting the complete font from the document, and creating or editing new content using the fonts.
3.8) You can use the fonts in electronic publications (such as e-books or e-magazines).
3.9) You may make backup copies of the fonts solely for backup purposes, but you agree to maintain custody and control over such copies.
3.10) You agree to indemnify Element Type for all costs or damages caused by failures to protect the files.
3.11) A Commercial license permits any number of Subcontractors to use the Fonts, in accordance with this Agreement, on behalf of the Licensee. You are permitted to send copies of the Fonts to Subcontractors for this purpose. You must ensure that any Subcontractor has read and agreed to the terms of this Agreement before receiving the Fonts. If a Subcontractor stops working for the Licensee, they must destroy all copies of the Fonts in their possession. At no time is any Subcontractor permitted to use the Fonts on behalf of them-selves or any party other than the Licensee. Unless a specific exception is granted by the Element Type, a Subcontractor must not be a subsidiary or parent organization of the Licensee.
3.12) A Designer can purchase a Commercial license on behalf of the Licensee (their client), provided that: the Licensee and Licensee Size are correctly specified during the checkout process; the Licensee has read and agreed to the terms of this Agreement; and the Licensee has expressly permitted the Designer to complete the purchase on their behalf. The Designer is not permitted to quote or invoice the Licensee for any price other than the amount they paid for the license.
3.13) Due to the nature of the software delivery process, you agree that all purchases are final, refunds for license sales cannot be provided.
4.Restrictions
4.1) Making the font software of Element Type freely accessible and/or freely downloadable via the internet by any means is expressly prohibited.
4.2) You may not rent, lease, sublicense, lend or distribute the font software, or any copy thereof, except as expressly provided herein.
4.3) This license prohibits the incorporation, inclusion or linking of the fonts within OEM hardware and software. You will need a custom license for this.
4.4) To use our fonts in video games, films, TV/series or to embed the fonts in hardware/software (OEM), a special license is required. Please contactus by email: [email protected]
4.5) Using our fonts to spread racism, hate speech, fascist speech, sexism, xenophobia, homophobia or any other form of discrimination and/or intolerance, as well as any speech favorable to arms programs is strictly prohibited.
4.6) Use in political campaigns, by political parties or governments requires Element Type's prior written consent. In such cases, please contact us to request an authorization before purchasing your license. Element Type reserves the right to revoke any Licenses that violate this item. In such cases the license fee will not be refunded.
4.7) You are not permitted to decompile, modify, reverse-engineer, reformat, alter, edit, or create derivative works of the Fonts or engage any third party to do so without prior written permission from Element Type;
5. Trial License
5.1) A Trial Font license permits you to use Trial versions of the Fonts ("Trial Fonts") for preview and evaluation purposes. Trial Fonts have a reduced character set, fewer or no OpenType features, limited support, and are available only in OTF (OpenType CFF) format.
5.2) You may install Trial Fonts on any number of devices within your organisation. A license must be purchased if the fonts are going to be used on commercial projects. Only Trial fonts downloaded from our website can be used.
5.3) You are permitted to use Trial Fonts in self-initiated, non-commercial work. This includes student work, provided it is not performed on behalf of a third party (such as a live brief for a commercial client). You may post this work on social media, on the condition that you credit both Element Type and the name of the typeface within the post. A license must be purchased when the fonts are going to be used on commercial projects.
6. Limitation of Liability
6.1) Element Type warrants that the font software will operate for ninety (90) days after receipt.
6.2) Although we do our best to achieve the highest technical level in our products, Element Type cannot guarantee that the operation of the fonts will be unimpeded, uninterrupted or error-free, nor are the fonts without defects and, in no case, must be liable for any damages including financial loss, lost profits or lost savings.
6.3) You agree that if the font does not operate according to the technical specifications, the liability for the repair will be limited to the replacement of the font.
6.4) Element Type shall have no responsibility to replace the product or reimburse the purchase if any failures or problems occur due to accidents, abuse or misuse of the font software.
6.5) Element Type and its suppliers cannot guarantee the performance or results that you can obtain using the fonts. It is your responsibility to ensure that the fonts are fit for your purposes.
7. Prices and Updates
7.1) The prices are all based on the company size of the License owner, measured in number of employees.
7.2) Element Type may possibly update the fonts. In these situations, price updates may apply.
8. Termination
8.1) The agreement will automatically terminate in the event of failure by you or any of your authorized agents to comply with these terms without notice. You agree to destroy all copies of the fonts, including backup copies, upon termination of this agreement.
9. Choice of Law and Agreements
9.1) This font software license agreement is governed by the laws of the Province of Ontario, Canada. The user of the font software license agreement confirms that he or she has read all the statutes of this license agreement, understood and agreed to all the obligations and conditions set forth in this license agreement.
9.2) You expressly agree that this Agreement shall be governed by the laws of the Province of Ontario, Canada, 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 state and federal courts in the Province of Ontario, Canada. You hereby expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
9.3) Element Type reserves the right to change or modify this license agreement at any time and without prior notice to the extent permitted by law.
All inquiries may be sent via e-mail to: [email protected]
www.elementtype.co
Version 1 October 30, 2022
License
This End User License Agreement (the “Agreement”) is a contract between Element Type (the “Company”) and you, (the “Licensee”) (the entity or organization on whose behalf the Fonts are used, and whose name is specified during the checkout or sale process).
You may not access, use, or download the font software if you do not intend to be bound by this agreement. Before purchasing a license, if you feel that your use or requirement is not covered, kindly inquire with us.
You are buying the right to use of the fonts rather than the copyright of them. By purchasing, downloading, installing or otherwise using the Fonts (computer software containing representations of type face designs), you are agreeing to the terms of this Agreement.
Upon receipt of full payment of all applicable license fees, Element Type grants you the limited, non-exclusive, non-transferrable right to use the Fonts in accordance with the terms of this Agreement. You agree that all rights not granted to you by this Agreement are expressly reserved by Element Type.Please read the entire agreement before agreeing to abide by its terms and conditions.
1. Definitions
1.1) "Licensee Size" is the number of employees, including temporary staff, working for the Licensee.
1.2) "Designer" is any entity (such as a design agency or studio, individual designer, or other service bureau) that provides services to the Licensee involving use of the Fonts.
1.3) "Subcontractor" is any third party using the Fonts on behalf of the Licensee. Unless the Designer and Licensee are the same entity (i.e. the Designer is creating work for their own organisation), the Designer is a Subcontractor of the Licensee.
2. License Rights
2.1) A perpetual, non-exclusive, non-transferable license for the use of a font software is granted for your personal business or internal use only, and subject to all terms and conditions of this agreement. This license may be revoked by Element Type.
2.2) You have no rights over the font software other than those expressly set forth in this agreement.
2.3) You agree that Element Type holds all rights to the font software, its structure, organization, code and related files, including all copyrights, design and trademark rights.
2.4) You agree that the font software, its structure, organization, code and related files are trade secrets of Element Type and you agree to treat them as such.
2.5) Any use of the font software not expressly permitted by this agreement constitutes a breach of ownership. All rights not granted under this Agreement are expressly reserved to Element Type.
2.6) You acknowledge that the fonts are, among other means, protected under Canadian trademark and/or copyright law, by the trademark and/or copyright and design laws of other nations and by international treaties.
3. Commercial License
The cost of a Commercial license is determined based on the Licensee Size. The kind of license you bought is shown on your invoice. You’ll need to buy a license upgrade if the Licensee Size grows beyond the Company Size in the License Metrics section of your invoice. Aside from that, the license fees are one-time fees. There are no subscription fees.
3.1) A Commercial license permits you to use the Fonts within your organization. The Fonts are provided in OTF (OpenType CFF), WOFF and WOFF2 formats. Alternative formats might be provided on request, at the discretion of Element Type.
3.2) Except as otherwise specified by this Agreement, you may install the Fonts on any number of devices within your organisation; as long as you have stated the size of the licensing organization correctly, measured by number of employees. Only files provided by Element Type can be used.
3.3) OTF (OpenType CFF) Fonts can be installed on desktop computers of your organization in order to design images and documents for print and screen.
3.4) Webfonts can be used to create texts on your site. There is no limit to the number of domains or sub-domains in which Webfonts can be served as long as they all belong to and are under the exclusive control of the licensing organization. You may not use the fonts as a tool or feature for third parties to create custom products or documents, they are licensed only for your use. You may only serve the Fonts on websites using the CSS @font-face rule and in the WOFF and WOFF2 formats. Use of the Fonts in OTF or TTF format on the web is not permitted. Hosting of webfonts by any webfonts hosting service is strictly prohibited except with the prior written permission of Element Type.
3.5) You may use our fonts to design logo (be the vectors modified or not).
3.6) You can install fonts on a single file server for the use of a local network within your business or home as long as only people in your organization have access to the fonts.
3.7) You can embed fonts or rasterized images from the fonts (i.e. GIF, JPG etc.) into .pdf documents or Flash files, for viewing and printing only and you are allowed to distribute the font by embedding it in the mobile apps under control of your organization, so long as the font is embedded in such a way that the reader is restricted from changing its embedding permissions, extracting the complete font from the document, and creating or editing new content using the fonts.
3.8) You can use the fonts in electronic publications (such as e-books or e-magazines).
3.9) You may make backup copies of the fonts solely for backup purposes, but you agree to maintain custody and control over such copies.
3.10) You agree to indemnify Element Type for all costs or damages caused by failures to protect the files.
3.11) A Commercial license permits any number of Subcontractors to use the Fonts, in accordance with this Agreement, on behalf of the Licensee. You are permitted to send copies of the Fonts to Subcontractors for this purpose. You must ensure that any Subcontractor has read and agreed to the terms of this Agreement before receiving the Fonts. If a Subcontractor stops working for the Licensee, they must destroy all copies of the Fonts in their possession. At no time is any Subcontractor permitted to use the Fonts on behalf of them-selves or any party other than the Licensee. Unless a specific exception is granted by the Element Type, a Subcontractor must not be a subsidiary or parent organization of the Licensee.
3.12) A Designer can purchase a Commercial license on behalf of the Licensee (their client), provided that: the Licensee and Licensee Size are correctly specified during the checkout process; the Licensee has read and agreed to the terms of this Agreement; and the Licensee has expressly permitted the Designer to complete the purchase on their behalf. The Designer is not permitted to quote or invoice the Licensee for any price other than the amount they paid for the license.
3.13) Due to the nature of the software delivery process, you agree that all purchases are final, refunds for license sales cannot be provided.
4.Restrictions
4.1) Making the font software of Element Type freely accessible and/or freely downloadable via the internet by any means is expressly prohibited.
4.2) You may not rent, lease, sublicense, lend or distribute the font software, or any copy thereof, except as expressly provided herein.
4.3) This license prohibits the incorporation, inclusion or linking of the fonts within OEM hardware and software. You will need a custom license for this.
4.4) To use our fonts in video games, films, TV/series or to embed the fonts in hardware/software (OEM), a special license is required. Please contactus by email: [email protected]
4.5) Using our fonts to spread racism, hate speech, fascist speech, sexism, xenophobia, homophobia or any other form of discrimination and/or intolerance, as well as any speech favorable to arms programs is strictly prohibited.
4.6) Use in political campaigns, by political parties or governments requires Element Type's prior written consent. In such cases, please contact us to request an authorization before purchasing your license. Element Type reserves the right to revoke any Licenses that violate this item. In such cases the license fee will not be refunded.
4.7) You are not permitted to decompile, modify, reverse-engineer, reformat, alter, edit, or create derivative works of the Fonts or engage any third party to do so without prior written permission from Element Type;
5. Trial License
5.1) A Trial Font license permits you to use Trial versions of the Fonts ("Trial Fonts") for preview and evaluation purposes. Trial Fonts have a reduced character set, fewer or no OpenType features, limited support, and are available only in OTF (OpenType CFF) format.
5.2) You may install Trial Fonts on any number of devices within your organisation. A license must be purchased if the fonts are going to be used on commercial projects. Only Trial fonts downloaded from our website can be used.
5.3) You are permitted to use Trial Fonts in self-initiated, non-commercial work. This includes student work, provided it is not performed on behalf of a third party (such as a live brief for a commercial client). You may post this work on social media, on the condition that you credit both Element Type and the name of the typeface within the post. A license must be purchased when the fonts are going to be used on commercial projects.
6. Limitation of Liability
6.1) Element Type warrants that the font software will operate for ninety (90) days after receipt.
6.2) Although we do our best to achieve the highest technical level in our products, Element Type cannot guarantee that the operation of the fonts will be unimpeded, uninterrupted or error-free, nor are the fonts without defects and, in no case, must be liable for any damages including financial loss, lost profits or lost savings.
6.3) You agree that if the font does not operate according to the technical specifications, the liability for the repair will be limited to the replacement of the font.
6.4) Element Type shall have no responsibility to replace the product or reimburse the purchase if any failures or problems occur due to accidents, abuse or misuse of the font software.
6.5) Element Type and its suppliers cannot guarantee the performance or results that you can obtain using the fonts. It is your responsibility to ensure that the fonts are fit for your purposes.
7. Prices and Updates
7.1) The prices are all based on the company size of the License owner, measured in number of employees.
7.2) Element Type may possibly update the fonts. In these situations, price updates may apply.
8. Termination
8.1) The agreement will automatically terminate in the event of failure by you or any of your authorized agents to comply with these terms without notice. You agree to destroy all copies of the fonts, including backup copies, upon termination of this agreement.
9. Choice of Law and Agreements
9.1) This font software license agreement is governed by the laws of the Province of Ontario, Canada. The user of the font software license agreement confirms that he or she has read all the statutes of this license agreement, understood and agreed to all the obligations and conditions set forth in this license agreement.
9.2) You expressly agree that this Agreement shall be governed by the laws of the Province of Ontario, Canada, 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 state and federal courts in the Province of Ontario, Canada. You hereby expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
9.3) Element Type reserves the right to change or modify this license agreement at any time and without prior notice to the extent permitted by law.
All inquiries may be sent via e-mail to: [email protected]
www.elementtype.co
Version 1 October 30, 2022
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