Licences / EULA

1 – STANDARD LICENCE
2 – ONLINE LICENCE (for websites)
3 – DISTRIBUTION LICENCE (for apps, devices, products etc.)
4 – SPECIAL LICENCES
5 – END USER LICENCE AGREEMENT (EULA) FOR STANDARD LICENCES

1 – STANDARD LICENCE (for desktop use)


Each Licence allows the purchaser to install the Font Software on one (1) Workstation/CPU (Central Processing Unit), for example 1 – 4 Licences for 1 – 4 Workstations/CPUs, 5 – 9 Licences for 5 – 9 Workstations/CPUs. The price for Font Software depends upon the number of Workstations/CPUs the Font Software will be installed on. Licenced Workstations/CPUs must belong to the person, company or organisation which is licencing the Font Software from EuropaType, it can not be passed on to another person, company or organisation. each company requires its own Licence/-s. If at any point in the future your amount of Licences for EuropaType Font Software is not sufficient to the number of Workstations/CPUs you will be using the Font Software on, you may do a Licence Upgrade by contacting EuropaType.

For more detailed information about the Standard Licence see:
«5 – END USER LICENCE AGREEMENT (EULA) FOR STANDARD LICENCE»

2 – ONLINE LICENCE (for websites)


It is not allowed without written permission by EuropaType to use or convert EuropaType Font Software for any web embedding via HTML/Cascading Style Sheets (CSS), EOT @font-face, OTF/TTF @font-face, sIFR, js.typeface, WEFT, Cufon or similar solutions not mentioned. We have to take legal steps if you do embed EuropaType Font Software without permission.

Adobe Typekit provides web font solutions for most of the EuropaType fonts. It uses a server based technology linking the font files to the requested website.

3 – DISTRIBUTION LICENCE (for apps, devices, products etc.)


If you are a Software Producer or an Original Equipment Manufacturer and want to pur-chase EuropaType Font Software to embed it in your sofware package (e.g. apps) or incoporate it in your devices or products, a special Distribution Licence is required. Embeding our Font Software in an app, device or product is not covered by our Standard Licence. Each app, device or product needs its own Distribution Licence. Distribution Licences for Companies including all of their apps, devices or products can be requested.
In contrast to the Standard Licence the Distribution Licence for EuropaType Font Software for apps, devices and products are licensed by time (years) and not per Workingstation/CPU (Central Processing Unit).
Licences are available for different lenghts of time (years). The basic Licence is valid for 1 year. Further options are: 3 years, 5 years or perpetual use.
If you prefer not to licence our Font Software by time (years) but rather in relation to your sales we can arrange an fixed agreement.

4 – SPECIAL LICENCES


In some cases, your choice of Licence is complicated due to the scale of the user base or intended use for the Font Software. Please contact EuropaType to discuss the divers licencing options or to get a quote for the following options:

NON EDITABLE EMBEDDING LICENSE UPGRADE FOR PUBLISHING
The normal End User Licence permits embedding of the Font Software into non-editable files for output only. If you need to embed EuropaType Font Software in a non-editable file (e.g. PDF) that will be distributed to more than 100 recipients then you will need this Licence Upgrade.

ENTERPRISE LICENCE (large number of Licences required)

The Enterprise Licence is ideal for corporate identity situations where, in addition to internal use, the Font Software needs to be used by affiliates, dealers, distributors, agents, or suppliers in order to create and maintain a brand. The Enterprise Licence can also work very well for a product advertising campaign. A client purchasing this Enterprise Licence is permitted to install the Font Software on all workstations owned by the entity (company or organisation) licencing the Font Software, and to distribute the Font Software to anyone outside their entity with a special End User License Agreement that limits use of the Font Software to work for the client.

5 – END USER LICENCE AGREEMENT (EULA) FOR STANDARD LICENCES


This EuropaType End User Licence Agreement automatically forms part of the EuropaType Terms & Conditions which apply at every pruchase of Font Software from EuropaType. Therefore please read this document carefully before buying EuropaType Font Software.


A – DEFINITIONS

Authorised User/-s
Persons, employees or representatives of the End User, who operate licenced Workstations/CPUs (Central Processing Units) for the End User shall be considered Authorised Users of the Font Software.

Documentation
Any document or digital file displaying, presenting or containing Font Software from EuropaType (e.g. PDF-specimen).

End User
The End User is the person, company or organisation that purchases and owns the Licence for the Font Software from EuropaType and on whose computer/-s the Font Software will be installed. The End User is named on the receipt for the Font Software ordered.

End User Licence Agreement
EuropaType End User Licence Agreement is part of EuropaType Terms & Conditions, they regulate all aspects concerning the purchase and use of EuropaType Font Software. By agreeing to EuropaType Terms & Conditions you also agree automatically to EuropaType End User Licence Agreement. Therefore please read this End User Licence Agreement very carefully before buying Font Software from us.

EuropaType
Us, the owner and seller of EuropaType Font Software via www.europatype.com.

Font Software
Font Software is coded software that generates typeface designs when it is used with the appropriate hard- and software plus any and all other data provided with such software.

LAN
A local area network (LAN) is a computer network that connects private computers and devices in a limited geographical area (e.g. office) and is not connected to the world wide web.

Licence
Allows the End User to run EuropaType Font Software on a specified number of Workstations/CPUs. Every Workstation/CPU the Font Software is installed on has to be licenced. Make sure you buy enough Licences so that you do not breach the End User Licence Agreement.

Licence Upgrade
A Licence Upgrade allows you to install EuropaType Font Software on more Workstations/CPUs than your previous Licence allows you to. Or, on special request, to use Font Software in any other way than allowed by the End User Licence Agreement, by first agreeing the Terms & Conditions of such other use in a Licence Upgrade.

Workstation/CPU
A Workstation/CPU (CPU = Central Processing Units) is a desktop or portable computer, equipped with the hard- and software to run the Font Software.


B – INTRODUCTION

1 – This End User Licence Agreement for Font Software becomes a legally binding contract between the End User and EuropaType when the End User agrees to the Terms & Conditions of EuropaType in an electronic delivery method or purchases the Font Software on a storage medium and opens the packaging containing the Font Software. If the End User refuses to accept a contractual obligation through this End User Licence Agreement, he is not permitted to download, access or use the EuropaType Font Software.

2 – Licenced Workstations/CPUs must belong to or be rented or hired by the person, company or organisation which is licencing the Font Software from EuropaType. Each End User Licence Agreement is for one company only.


C – OWNERSHIP AND COPYRIGHT

1 – The End User acknowledges that the Font Software and Documentation including all design, structure, organisation and encoding of the Font Software and all copies thereof, are the exclusive property of EuropaType, and that the Font Software and Documentation remain so owned regardless of any licence or agreement put in place which governs the use of the Font Software and Documentation.

2 – The Font Software contains copyrighted material, valuable trade secrets, proprietary material and may be accompanied with other confidential information of EuropaType. The End User agrees that the Font Software and all other documents of EuropaType are protected under the copyright and design laws of Switzerland and any copyright and design laws of other nations and any copyright or design laws that exist under any relevant international treaties. This Agreement does not transfer any rights other than those expressly permitted herein, this is not an Agreement for sale or assignment of the Font Software or any portion of it. EuropaType reserves all copyrights, trademarks and any other form of intellectual property rights in and to the Font Software.


D – GRANT OF LICENCE

1 – EuropaType grants to the End User and its Authorised Users a non-transferable, non-exclusive right to use the Font Software provided from EuropaType.
2 – The use of the purchased Licence is limited to the specified number of Workstations/CPUs the Licence was purchased for. Each Licence allows the End User to install the Font Software on one (1) workstation/CPU only (e.g. 1 – 4 Licences for 1– 4 Workstations/CPUs, 5 – 9 Licences for 5 – 9 Workstations/CPUs etc.). The End User is not allowed to install the Font Software on more Workstations/CPUs than the purchased Licences allow. The price of the Font Software depends upon the number of Workstations/CPUs it will be installed on. If at any point in the future the End User’s Licences are not sufficient for the number of Workstations/CPUs the Font Software is used on, the End User has to buy a Licence Upgrade by contacting EuropaType and purchasing the required additional Licences.

3 – The End User may install the Font Software on a single file server for use on a single LAN only when the use of such Font Software is limited to licenced Workstations/CPUs and printers.


E – PERMITTED USES AND RESTRICTIONS

1 – The Font Software may not be installed or used on a server that can be accessed via LAN, the internet or other external network system by Workstations/CPUs which are not part of this End User Licence Agreement. Server-based application programs require an indiviadual Licence Upgrade which can be obtained from EuropaType.

2 – The End User may make one copy of the Font Software for back-up purposes only. The back-up copy must contain all the data contained in the original Font Software. Any back-up copy must prominently display all copyright and trademark notices present on the original Font Software.

3 – Except as expressly permitted in this Agreement, the End User agrees not to decompile, reverse engineer, disassemble, modify, in whole or in part, the Font Software, or lend, rent, lease, loan, assign, network, sub-Licence or distribute the Font Software, in whole or in part, to any third party. Such third parties include, but are not limited to, clients, commercial printers and service companies.

4 – The End User is not authorised to transfer or assign any right granted under this Agreement to a third party. In the event of bankruptcy or insolvency of the End User or if the End User enters into any arrangements the object of which is to cease its sole activity (e.g. merger), the Licence Agreement shall automatically terminate.

5 – The End User agrees not to create derivative works based upon the design embodied in the Font Software or the Font Software itself. The End User agrees not to reformat the Font Software or regenerate the Font Software in formats not supplied to the End User by EuropaType.


F – EMBEDDING RESTRICTIONS

1 – All embedding and transmission of the Font Software is prohibited. Embedding of the Font Software into electronic documents is only permitted under the absolute assurance that the recipient cannot use the Font Software to edit or create a new document. It must be ensured that the Font Software cannot be fully or partially extracted from said documents. By way of example, not limitation, formats that may contain embedded Font Software include, but are not limited to the .pdf (Adobe Acrobat), EOT @font-face, OTF/TTF @font-face, Web Embedding Font Technology (WEFT), Flash and the TruDoc formats etc.

2 – The End User is authorised to create and distribute files containing embedded Font Software in an editable format on an intranet, LAN or other internal network provided such use is limited to the Workstations/CPUs licenced under this Agreement. The End User agrees to prevent the transfer of the Font Software to unauthorised users when embedding the Font Software.

3 – The End User is authorised to create non-editable formatted documents using the Font Software for the purposes of output printing at a service company or commercial printer. In the event of any text modification, the service company/commercial printer is required to possess its own Licence which can be obtained from EuropaType. The End User has to inform the service company/commercial printer about the content of this Licence Agreement.

4 – The End User is not permitted to distribute documents using or containing embedded copies of the Font Software on the internet or make it available in any other way for other forms of distribution or downloading to unauthorised users. Such activities require the purchase of a Licence Upgrade. If you wish to publish documents created by the embedding of the Font Software on the internet or wish to otherwise distribute or make such documents available for downloading to parties not licenced under this Agreement you must contact EuropaType to purchase the appropriate Licence Upgrade.

5 – The End User is not permitted to distribute to unlicenced parties documents or graphics containing an embedded copy of the Font Software or containing the entire or substantially all glyphs of the character set of the typeface design embodied in the Font Software.


G – CONFIDENTIALITY OBLIGATION

1 – The End User shall take all reasonable steps to protect the Font Software from any unauthorised use, duplication, sublicencing or distribution.

2 – The End User is obligated to ensure that each of the Authorised Users with access to the Font Software abides by this End User Licence Agreement. The End User has to specifically inform the Authorised Users of the End User Licence Agreement provisions for the relevant Font Software and put Authorised Users under the obligation of compliance with those provisions and conditions.

3 – The End User shall, on behalf of itself and any Authorised Users, retain all confidential information provided to it by EuropaType, or which it obains through any other means, in connection with or derived from the Font Software in strictest confidence and shall not publish or disclose such confidential information at any time during the term of this End User Licence Agreement or after its termination, unless so required by law.


H – TERMINATION OF LICENCE AGREEMENT

1 – EuropaType may terminate this End User Licence Agreement for any breach of its terms by the End User with immediate effect, by giving notice to the End User that this End User Licence Agreement is terminated. In addtion EuropaType may terminate this End User Licence Agreement at any time by giving the End User 30 days notice in writing.

2 – EuropaType reserves the explicit right to claim punitive damages if the End User fails to comply with this End User Licence Agreement.

3 – Upon termination of this Agreement for any reason, the End User is required to return all original Font Software and any accompanying written material to EuropaType and shall also destroy all copies of the Font Software. The End User is obligated to provide written assurance to certify to EuropaType that all copies of the Font Software have been destroyed.

4 – If the Font Software has been used on Workstations/CPUs rented or hired by the End User, it is the End Use’s sole responsibility to ensure that the Font Software is removed in its entirety from the Workstations/CPUs before they are returned to their owner.


I – WARRANTY AND LIABILITY

1 – For a period of thirty (30) days after delivery of the Font Software to the End User, EuropaType warrants that the Font Software is essentially free from material defect and will perform in accordance with the specifications published by EuropaType. There are no warranties or conditions of any kind after the thirty (30) day warranty period. The warranty does not apply to any Font Software converted, manipulated or modified by the End User. The End User’s remedy and the sole liability of EuropaType is to repair or replace the defective parts of the Font Software within the thirty (30) days period after delivery.

2 – Except for the foregoing limited warranty (H1), EuropaType makes no other warranties, expressed or implied, as to non-infringement of third party rights, merchantability, or fitness for any particular purpose.

3 – Under no circumstances will EuropaType be liable to the End User or any other party for any special, indirect, consequential, punitive, incidental damages, including without limitations lost data, lost profits, lost savings, lost business opportunities or business interruption as a result of the use of the Font Software, even if notified in advance of such possibility.

4 – EuropaType does not warrant that the operation of the Font Software will be uninterrupted or error-free, or that the Font Software is without defects. The Font Software is not intended and was not designed or manufactured for use in any circumstances where the failure of the Font Software could lead to death, personal injury, or severe physical or environmental damage. The Font Software is not fault tolerant and is not intended for use in the control, operation of process control devices or equipment for manufacturing, or for use in navigational devices.


J – GENERAL

1 – Severability clause: if any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, and the invalid provision shall be replaced by EuropaType with a valid and enforceable provision that most closely effects the intent of the invalid provision.

2 – Governing Law and Arbitration: this End User Licence Agreement is governed by the laws of Switzerland. Any and all disputes arising from this End User Licence Agreement will be governed by the laws of Switzerland and all arbitration conferences and hearings arrising out of such dispute will be held in Zurich, Switzerland.


K – AGREEMENT IN ITS ENTIRETY

1 – The End User acknowledges that it has read, understood and agreed to be bound to this End User Licence Agreement.

EuropaType © 2011