Help : End User License Agreement

Porchez Typofonderie

For more information regarding licensing this entire type collection or adding users to an existing license, see Type Licenses & Extensions.

End user licence agreement (revision 2010–June–17)

The present agreement governs the use of the digital font(s) as described on the current website, distributor of and/or Typofonderie’s fonts. It is agreed between yourself (hereby designated as: the end user) and Typofonderie. By paying, downloading, installing and/or using the font(s) software(s), you confirm that you have read the present agreement and agreed to be bound by its terms, and that you have the legal capacity and the authority to bind the legal entity to contract on behalf of the company of which you have specified the contacts.

1 Definitions. A digital font is a complete set of glyphs (or characters), which varies depending the package selected for this license. Each package is precisely described on the current website, distributor of and/or Typofonderie’s fonts, the description at the moment of paying the package being taken into account. Font(s) format(s): the digital fonts are in OpenType format and consists of digitally-coded metric and kerning information, digital descriptions of all the characters’ outlines, composing it/them.

2 Subject. This license contract grants you a non-exclusive and non-transferable exploitation right for the use of the digital font(s) chosen by you on the current website, distributor of and/or Typofonderie’s fonts, on the day of your digital acceptation and/or digital conclusion of the present agreement.

3 Duration. This license is concluded for the duration of author rights and copyrights as defined by international conventions covers an indefinite period, and begins on the date on which the present license contract agreement is digitally accepted or concluded.

4 Terms of agreement.
4.1 Ownership of the digital font(s). The digital descriptions and/or digital font(s) defining the glyphs (or characters) and/or font(s) described on the current website remain the entire property of Typofonderie.

The digital font(s) and their components are protected by intellectual property and copyright laws and remain the property of Typofonderie. The digital font(s) must not be disassembled or altered in any manner whatsoever. The creation of derivative font(s) is strictly prohibited. Alteration includes manipulation of: the digital font data in order to mix it with another; its composition; its forms, outlines, or its characters; the position of the characters (in all cases, including spacing and kerning which leave the original font intact); digital font data for exporting to another font format; digital font data controlling the quality of display and printing (hinting). To make proceed to or to have made proceeded to, or to give permission to make proceed to a derivative of the digital font(s) or a font which resembles the digital font under any form is strictly prohibited, and constitute counterfeiting. The following text applies to all the components of the digital font(s): (c) TM 1990-2010, Created by Jean Francois Porchez. All rights reserved. Distributed exclusively by Typofonderie. Names are trademarks in some cases.

4.2 Personal contract agreement and strictly personal use of the pack(s). The end user can use the digital font, as described on the current website, distributor of and/or Typofonderie’s fonts, only on workstations, rasterizing devices, video display terminal and output devices which belong to the end user. The end user cannot provide copies of the digital fonts to be used by a third party even if the third party uses them for the end user or in the name of the end user. It is only if the third party has informed the end user and proved to him by written that the third party he himself itself has bought an end user license, that can the third party his authorized to receive a copy of the digital fonts.

4.3 Workstation(s), output device(s) and places of use. This license permits the use the digital font(s) for a two (2) workstations, rasterizing devices, video display terminal and output devices mentioned above or on the final invoice, at a single location. Any uses for a superior number of workstations, rasterizing devices, video display terminal, output devices, locations require an upgrade of this license.

4.4 Finished medium support. This license applies even if the end user’s finished work is/are on a paper medium, or an non-digital support. The digital fonts can be embedded into digital media for preview and production of non-digital support under the condition that the end user guarantees the non-extraction of the digital fonts (example: “print and preview only” settings in pdf format) by a third party who could use the digital fonts for others application other than those for which they are licensed. Any digital file, EPS file, illustration, or anything derived from Typofonderie font(s) must be used according to this original licensing terms and may not be sublicensed, given away, or sold without written permission from Typofonderie.

The use of the digital fonts on networks, web servers or similar, the distribution of finished work in digital form, or embedding into any software is not covered by this license and need the purchase of specific license based upon usage. All use by the end user of digital media that allows the extraction of fonts or font components, such as defined above, by a third party holds the end user liable for use(s) not in conformity with the provisions of the present contract agreement.

4.5 Fonts credits. The end user of this license agrees to credit Typofonderie in conformity with the code of intellectual property, and international conventions and to the copyright regulations by indicating the list of the digital font names, its year of creation, and the following credit: © Typofonderie.

4.6 Copying font(s) and/or font pack(s) by end user. The end user does not have the right to copy the digital fonts, except for personal use (and output at a service bureau) to protect the original medium on which the digital fonts are stored (backup copies). The end user will make sure that no third party copies the digital fonts. The end user is not permitted to use the digital fonts for any purpose other than was those defined in 4 of this contract agreement. The end user declares and recognizes entire responsibility for any abuse of the permitted uses of the digital fonts which the end user has received.

4.7 Transfer of license by end end user. The end user is prohibited from transferring, under any form, the present license. The use of sub-licenses is strictly prohibited.

5 Liability and termination of contract agreement. Negligence by the end end user to the usage terms outlined in 4 of the present contract agreement makes the end end user liable for compensation sought by Typofonderie. In the case where the end user does not comply with the clauses of 4 of the present contract agreement, Typofonderie, under the action of Jean François Porchez, reserves the right to immediately terminate this license agreement without any financial compensations whatsoever. In this case, the end user will have to turn over the digital fonts, its components and digital data to Typofonderie, and destroy all the copies that the end user holds within seven (7) days of termination, prohibiting any further use. The end user agrees to inform the end user’s employees or all people who have access to the typefaces and fonts described above of the terms and conditions described in this license agreement and to ensure that they shall strictly abide by these terms and conditions described in this license agreement.

6 Payment and delivery of pack(s) and/or font(s). The price of this license is the total sum indicated on the order form in Euros or US dollars. This amount must contain includes the applicable taxes. After the signing of this license agreement and payment of the corresponding invoice, the end user will receive the digital fonts immediately after in the case of online orders, or several days after in the case of traditional orders.

7 Misuse of pack(s) and/or font(s). Jean François Porchez, Typofonderie cannot be held responsible for damage caused or supported by the end user and/or third party resulting from a misuse of the typefaces and/or the digital fonts described above.

8 Applicable law and jurisdiction. This contract agreement is subject to and will be interpreted in accordance with the law of France. Any dispute which may arise relating to the existence, making, validity, interpretation, and/or the execution of this contract agreement will, in the absence of amicable settlement, take place before the Court of Paris (75) (France).