Font licensing
Fonts are not purchased; they are licensed and authorized in perpetuity for conditional usage. A font licence authorizes you to download, install and make use of a font. The font remains the sole intellectual property of the font creator. When placing a purchase order for a font licence, this constitutes the End User Licence Agreement or “EULA”. There are important conditions as to how and where the fonts can be used, which are outlined in the font licence agreement(s). A font is a software product. A typeface is a proprietary design. You license the font(s) but not the typeface design itself.
Font licences
The Typonym font licence spectrum is divided into three usage categories: 1) logos, print and basic marketing, 2) digital web browser reproduction and 3) embedded digital applications. Other licenses are possible, such as for advertising campaigns with an annual Media Placement Expense greater than $100,000 or the production of physical products for sale, through special negotiation. If You believe Your usage needs are not addressed, or if You are unsure of the meaning of any term or condition, please contact typonym at
[email protected] before committing to a purchase. Typonym also offers a free trial font licence for your internal testing and mock-up purposes, to assist in assessing a full licence purchase. Please note that typonym fonts can be used worldwide without additional fees and all Standard (non-negotiated) Licences have no expiry.
Desktop Fonts
For use in printed matter, such as newspapers, pamphlets, books and magazines; print advertising (with an annual Media Placement Expense of up to $100,000; or see Special Advertising Licence below); vinyl or printed signage; posters and billboards; logos and logotypes; corporate documents; newsletters and annual reports; as well as embedded into images for print, web and social media; embedding in ePub publications; product/merchandise packaging; marketing materials; outdoor advertising (OOH) with an anuual Media Placement Expense of up to $100,000 (or see Special Advertising License below) including digital screens and billboards (non-interactive); presentations (e.g. Powerpoint); or embedded into film and video. You may use the fonts to display static images within online and social media advertisements (e.g. web banners) within the terms described above.
WebFonts
For usage as text on any website that can be viewed or printed, but can’t be edited by the end users to create a new output (i.e. document or customized product). Typonym digital Fonts are not supported for use with obsolete SVG-based platforms such as Internet Explorer.
Digital Application
To embed into any desktop, web-based or device-based digital software application that can’t be edited by the end users to create a new output (i.e. document or customized product).
Advertising
Usage of Fonts in headline or 'hero' text for advertising campaigns with a gross Media Placement Expense greater than $100,000 per annum require a Special Advertising Licence agreement. Contact Typonym at
[email protected] to obtain a Special Advertising Licence.
Trial fonts
Please note that trial fonts are provided as a professional courtesy for testing purposes and can only be used within your organization.
Definitions
“Font”, “Fonts”, “Font(s)” or “Font Software” are each defined as the designs of the Fonts and the Software identified on Your Sales Receipt that produces a typeface design(s).
“Sales Receipt” means the electronic document You receive as confirmation of the Fonts purchased.
"Typonym" and "typonym" (We, Us, Our, Ours) is the font creation and merchandising entity of Evan Deterling. “Evan Deterling” (I, Me, My, Mine) is the developer and merchant owning and providing the Font(s). "Typonym" or "typonym" and "Evan Deterling" are interchangeable and synonymous in this licence Agreement
“You”, “Your” and the “End User” are defined as and refer to the customer (person, company or organization) who has purchased a licence to use the Font. An End User is not defined as a distributor, reseller, dealer, sub-licensee, original equipment manufacturer (“OEM”), wholesale buyer or any similar entity. Typonym products may not be distributed and/or sold to third parties without prior written consent from Typonym.
“Website” or “website“ is a collection of web pages that are linked via a URL path with a common top-level domain name. The Website” is defined as the specific website for which the Font(s) is/are licensed for usage.
“App” is defined as a digital application software product. “The App” is defined as the specific digital application software product for which the Font(s) is/are licensed for usage.
“Advertising” is defined as marketing promotion through paid media placements.
“Media Placement Expense” (a.k.a."media insertion expense") is defined as the known or projected total gross annual expenditure for placing all applicable advertisements for a given company or client into paid media spaces (television, digital online media, newspapers, magazines, out-of-home placements, etc.)
A “User” is defined as a person who installs and uses the Fonts in accordance with the terms of the font licence purchased by the End User customer. The User may install and use the Fonts on multiple devices for the purposes of work related to the End User’s business. A User must be either employed by the End User who owns the font licence, or be an authorized affiliate, contractor, freelance employee, agency, partner, vendor or supplier who is not directly employed by You, but carrying out work on Your behalf for You. The Fonts must only be used by these Users for purposes related to the End User’s business.
“Licence” is defined as “License” where the latter spelling is customary. The Terms of this End User Licence Agreement (Agreement) will apply between Typonym (We, Us, Our, Ours) and You (You, Your, Yours) if You purchase a licence or licences to use Typonym’s Font Software (Fonts).
“Standard Licence” is defined as any Font Licence that can be selected on Typonym website without further negotiation.
A “Separate Negotiated License” a.k.a. a “Non-Standard Licence” is defined as a licence specifically tailored to terms and usage beyond those provided in the Standard Licences that Typonym offers. These can be obtained through discussion by contacting Typonym at
[email protected].
Desktop Font Licence Agreement
Last updated 12 June 2024
The Terms of this Desktop Font Licence Agreement will apply between Typonym and You if You download and/or use Typonym Desktop Font Software.
Authorized Use
Authorized uses of the Fonts include: the production of paper publications, for example, newspapers, pamphlets, books and magazines; print advertising including campaigns with an annual Media Placement Expense no greater than $100,000; vinyl or printed signage; posters and billboards; logos and logotypes; corporate documents; newsletters and annual reports; as well as images for print, web and social media; embedding in ePub publications; product/merchandise packaging; marketing materials; outdoor advertising (OOH) including as part of campaigns with an annual Media Placement Expense no greater than $100,000; digital screens and billboards; presentations (e.g. Powerpoint, Keynote); film and video. You may use the Fonts to display static images within online and social media advertisements (e.g. web banners). You may use the Fonts for content for Your own business website or Your own social media account(s). You agree to indemnify Typonym for any third party claim that arises as a result of any unauthorized use by You of the Fonts.
Service Bureau/Printers
To reproduce a particular document, You may provide a copy of the specified Fonts to a commercial printer or service bureau. Afterwards, the printer or service bureau must delete the copies of the Fonts from their devices and electronic storage, including email, and You agree to take reasonable steps to ensure this happens.
Back-up Copies
You may make a reasonable number of copies of the Fonts for back-up purposes only. Copies must contain the same documentation, copyright, trademark, and other proprietary notices that appear on, in or with the Fonts. You must keep back-up copies secure and must take all reasonable steps to prevent any third-party access to them. You will indemnify Typonym for all costs, damages or losses incurred as a result of Your failure to comply with this clause. If You discover or are made aware of any unauthorized access and/or use of the back-up copies by an unlicensed third party, You agree to notify Typonym as soon as is reasonable.
Embedding of Fonts
The embedding of Fonts into digital documents, such as PDFs, is permitted so long as 1) the Font Software is subset, 2) the document text can be viewed and printed but not edited, and 3) reasonable measures are taken to ensure recipients of such documents cannot extract or use the embedded Fonts.
Web Fonts, @font-face and Font Linking
Using The Fonts licensed for with the CSS rule @font-face, Cufòn, or other forms of font linking, regardless of format, are strictly prohibited under the Desktop Font Licence Agreement. A separate Web Font Licence is available for this purpose.
Apps, Games, Hardware and Software
The Desktop Font Licence Agreement expressly prohibits the embedding, inclusion, calling or linking of the Fonts within hardware applications in any form whatsoever. This includes, but is not limited to, video games, kiosks, and OEM products. If You wish to use the Fonts for such purposes, contact Typonym at
[email protected]. Notwithstanding, rasterized images of limited text and/or logos created using the Font Software are permitted.
Modifications
You may create outline artworks based upon the Fonts for Your personal or business use. However, the use of any font creation or font manipulation program or any attempt to modify the Font for the purposes of creating a usable, derivative or substitute version of the Font is prohibited. Under no circumstances may You modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or otherwise attempt to discover the source code of the Fonts or the designs embodied therein. You further agree not to commission or authorize any third party to undertake modifications to the Fonts without prior written consent from Typonym. Consent may or may not be granted at Typonym's sole discretion.
Restriction of Physical Products for Sale
This licence expressly prohibits the use of the Fonts in the creation of alphabet products for sale, such as, but not limited to: house numbers, stamp sets, rub-on letters, adhesive alphabet letters, alphabet punch and die sets or other methods for use in making such products. If You wish to use the Fonts for such purposes, contact Typonym to negotiate a physical retail product licence.
WebFont Font Licence Agreement
Last updated 12 June 2024
The Terms of this Webfont Font Licence Agreement will apply between Typonym and You if You download and/or use Typonym Webfont Font Software.
Permitted Domains and Implementation
The Fonts may be used on The Website via the CSS @font-face rule for the Domain specified on Your Sales Receipt. Only the original WOFF2 (“.woff2”, Web Open Font Format 2.0) Web Font files provided by Typonym, or unaltered copies thereof may be used. The use of Fonts converted from other formats (such as TTF, SVG, or OTF) are expressly prohibited. Use of the Fonts for Dynamic Web-based Advertising and Email Marketing is included in the Webfont license. Printing of pages directly from The Website is also allowed. Providing the ability for a remote user to edit text using the Fonts is only allowed for The Website and does not result in a separate document or product. You may not use the Fonts as a tool or resource for third parties to create customized products or documents. The Fonts may only be served to licensed Domains. If You discover or are made aware of any unauthorized access and/or use by an unlicensed third party, You agree to notify Typonym as soon as is reasonable. Your licence must meet or exceed the total number of average monthly Unique Users or Page Views across all of The Websites for which it is licensed. If average monthly Unique Users or Page Views increases, You agree to upgrade Your licence.
Page View Limitations
A Page View is a single browser request for the display of a single page of Your Website. The average monthly traffic of Your Website, measured in Page Views over the span of three consecutive months, must not exceed the amount shown on Your Sales Receipt. Page Views include Dynamic Web-based Advertising and/or Email Marketing in addition to Your Website. The sum of Your total average monthly Page Views is Your Website Page Views, Your total monthly Dynamic Web-based Advertising Impressions (as per Your media buy) and/or Your total Active Subscribers (as per Your Email Marketing database). If this exceeds the terms of Your Webfont licensing tier, you must purchase a licence upgrade for the increased Page View amount. The upgrade fee will be the price of the higher tier license minus the cost of the license you previously purchased.
Web Fonts File Protection
You agree to take proper reasonable measures to prevent the Web Fonts from being used or copied by unlicensed third parties. Reasonable measures include preventing unauthorized third-party access, i.e. hotlinking and forbidding direct access to the folders or volumes from which the Fonts are served, such as through .htaccess restrictions.
Third-party platforms or services
You may use third-party platforms or services to host and serve Web Fonts for Your Website, Dynamic Web-based Advertising or Email Marketing (e.g. Campaign Monitor, MailChimp, or similar), provided the Fonts are used for this purpose only, and the terms of this Agreement are adhered to, by that service provider. At the conclusion of the service provider’s work for You, they must delete any font files in their possession from their devices and electronic storage, including email, and You agree to take reasonable steps to ensure this happens.
Derivative Works, No Embedding
You may not engage third parties to create modifications, derivative works or extensions to any font associated with the Fonts. You are also not permitted to modify, adapt, translate, reformat, reverse engineer, decompile, disassemble, alter or attempt to discover the computer code of the Fonts or the designs embodied therein. The embedding or inclusion of The Fonts, or the designs forming the Fonts, in software, hardware, digital documents, apps, applications, devices or in any other form is prohibited and will require a Separate Negotiated License.
Web Usage Only
Web Fonts are strictly intended for the styling of text on browser displayed website pages or direct printing of such pages. Additional and appropriate licenses or license extensions are required for all other purposes. The use of Web Fonts on a desktop, laptop, workstation computer, or for any uses not expressly permitted herein is prohibited.
Development Environment
You may provide the Web Font files to your web developer for the purposes of styling text on Your Website, provided You ensure the web developer complies with the terms of this Agreement. At the conclusion of the web developer’s work for You, they must delete any font files in their possession from their devices and electronic storage, including email, and You agree to take reasonable steps to ensure this happens.
Back-up Copies
You may create copies of the Fonts for back-up purposes only. Copies must contain the same documentation, copyright, trademark, and other proprietary notices that appear on, in or with the Fonts. You must keep back-up copies secure and must take all reasonable steps to prevent any third-party access to them. You will indemnify Typonym for all costs, damages or losses incurred as a result of Your failure to comply with this clause. If You discover or are made aware of any unauthorized access and/or use of the back-up copies by an unlicensed third party, You agree to notify Typonym as soon as is reasonable.
Transfer of Licensed Domain
You may transfer the rights to use the Web Fonts to a different Domain owned by You and the content of which You control. You must notify Typonym, in writing, of the transfer and the new Domain identity. Further, You must delete the Web Fonts from the server on the previously licensed Domain immediately upon transfer to the new Domain
Digital Application Font Licence Agreement
Last updated 12 June 2024
The Terms of this Digital Application Font Licence Agreement will apply between Typonym and You if You download and/or use Typonym Digital Application Font Software.
Permitted Applications and Implementation
App Fonts may be embedded in a single App as specified on Your Sales Receipt. You may use the App Fonts for styling, viewing and editing text in Your App. You and the End User may use the Fonts to output static files like PDF, PNG and JPG, provided the End User does not have the ability to edit the Fonts in the final format.
Application Use Only
App Fonts are strictly intended for the styling of text displayed within a software application product, or directly printed from the application. Additional and appropriate licenses or license extensions are required for all other purposes. The use of Web Fonts on a desktop, laptop, workstation computer, website or for any uses not expressly permitted herein is prohibited.
MAU Consumption
If You have licensed the Fonts for monthly active users (MAU’s), You must not exceed the number of MAU’s on Your Sales Receipt. If the Average volume of MAU's increases You must purchase a licence upgrade to reflect the increase in Your consumption of the Fonts.
Download Consumption
If You have licensed the Fonts for total Downloads, You must not exceed the number of Downloads on Your Sales Receipt. If the volume of Downloads increases You must purchase a licence upgrade to reflect the increase in Your consumption of the Fonts.
Special Advertising Licence Agreement
Last updated 12 June 2024
The Terms of this Special Advertising Font Licence Agreement will apply between Typonym and You if You download and/or use Typonym Desktop or Webfont Font Software for the following purposes.
Permitted Use
The use of Desktop or Webfont Fonts to style the principal headline or 'hero' text of advertising campaigns with a gross annual Media Placement Expense greater than $100,000 will require a Special Advertising Font Licence. The terms of this licence will be negotiated on a case-by-case basis, with the goal of reaching a fair, sensible and mutually beneficial agreement. To obtain an Special Advertising Licence, please contact Typonym via email at
[email protected].
Trial Font Licence Agreement
Last updated 12 June 2024
The Terms of this Trial Font Licence Agreement will apply between Typonym and You if You download and/or use Typonym Trial Font Software.
Permitted Use
The Trial Fonts may be used only to create test font implementations for presentation within Your company or organization. These may manifest as mock-ups for print, web or mobile applications. You may install the Trial Fonts on as many devices as required for presentation or evaluation, provided that they remain within Your organization. You may use the Trial Fonts to demonstrate to Your clients to the potential use(s) of the Fonts. You may use the Trial Fonts for as long as is required for these purposes. The use of Trial Fonts for any commercial purposes is prohibited. You must not distribute the Trial Fonts to any person, entity or organisation outside of Your organisation. If You are a parent organisation entering into this Agreement on behalf of Your fully owned subsidiary, You must ensure Your subsidiary complies with this Agreement. You must not modify, adapt, translate, reverse engineer, decompile, disassemble, alter or otherwise attempt to discover the source code of the Trial Fonts or the designs embodied therein.
Ownership
By entering into this Agreement, You acknowledge that Typonym retains full ownership of the Trial Fonts, and all intellectual property rights, including copyright, relating to the Trial Fonts. If You wish to use the The Fonts for commercial purposes, You must purchase the appropriate licence to obtain the entire fully functioning versions.
Warranty
The Trial Fonts are abridged versions of the full versions. Certain glyphs are not included, such as extended punctuation and diacritical forms, and most Opentype features are not included. For this reason, Trial fonts are provided without warranty and may be inadequate for your specific needs.
General Terms and Conditions
Last updated 12 June 2024
These General Terms and Conditions will apply between Typonym and You if You download and/or use any version of Typonym Font Software.
Intellectual Property and Title
You expressly acknowledge that the Fonts, the designs embodied therein, the trade names and/or trademarks and copyrights associated therewith are each the exclusive property of Typonym and that Typonym possesses all the necessary rights and titles to license the Fonts to You. All rights not expressly granted under this licence are reserved to Typonym. You acknowledge that the Fonts and the design of the Fonts embodied therein are owned by Typonym and the Fonts’ structure, organization and code are the valuable trade secrets of Typonym. You acknowledge that the Fonts are, among other means, protected under international trademark and/or copyright laws and/or treaties. This clause does not apply to any original works created by You using the Fonts that could be used as, or for, a trademark. At Typonym's request, You agree to provide an audit to confirm the Fonts You are consuming match Your Sales Receipt. Typonym agrees to provide You at least 5 business days’ notice to complete the audit.
Design Agency or Parent Company
Where You are a design or similar creative agency purchasing the Font licence on behalf of a client, or a parent company purchasing the Fonts for a wholly or partly owned subsidiary, You must draw the ultimate End User’s attention to the existence of this licence and must take all reasonable steps to ensure the End User(s) complies with the terms of this Agreement. A breach of this Agreement by the entity You purchase the Fonts on behalf of will be deemed a breach by You. The size of the Font Licence purchased must cover all intended Users.
Warranties and Representations
Typonym represents and warrants that the Fonts will perform substantially in accordance with the representations made herein. To make a warranty claim, You must notify the source from which You obtained the Fonts together with a copy of Your Sales Receipt. If the Font does not perform substantially in accordance with the representations, the entire and exclusive liability and remedy shall be limited to the replacement of the Font Software or the refund of the fee You paid for the Font license. Typonym cannot warrant the performance or results You may obtain by using the Fonts. It is Your responsibility to ensure that the Fonts are fit for Your purpose. Typonym expressly disclaims all warranties, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Typonym does not warrant that the operation of the Fonts will be unimpeded, uninterrupted or error-free, or that the Fonts are without defects. Should a defect appear, Typonym will make a good faith effort to rectify any such defect and provide You with corrected updates of the Font(s). Without limiting the foregoing under no circumstances shall Typonym be liable to You or any other party, whether in contract or tort (including negligence) or otherwise, for any indirect losses, special, consequential, or incidental damages, including lost profits, lost savings, loss of data, or business interruption as a result of the use of or the inability to use the Fonts even if notified in advance of such possibility.
Typonym warrants that the Fonts Typonym provides do not infringe upon or violate any patent, copyright, trademark, trade secret, or any other proprietary right of a third party. If You are a business or in trade and the Fonts are acquired for use in business or in trade, You agree to contract out of the provisions of the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986, to the effect that those provisions shall have no effect between Typonym and You under this Agreement.
Indemnification
Each party must indemnify and hold harmless the other, and their officers, directors, employees and agents, against any and all costs, expenses, liabilities, injuries, losses, damages, claims, demands and judgments that either party incurs as a consequence of either party’s breach of this Agreement. This indemnification obligation survives termination of this Agreement.
Termination
Without liability to You, this Agreement automatically terminates if: (a) You, or any authorized person or party, breaches any terms of this Agreement and do not remedy the breach within 30 days’ of Typonym notifying You of a breach; or (b) You become bankrupt or are put into liquidation, or have a receiver or statutory manager appointed over any of Your assets, or become insolvent or cease to carry on Your business, or make any composition or arrangement with Your creditors. Upon termination of this Agreement under 8a., all rights granted to You under this Agreement will terminate, and You agree to immediately discontinue using the Fonts, delete all copies of the Fonts and provide Typonym with confirmation no copy or copies remain in Your possession or control, or in the possession or control of any authorized person or party.
Typonym will be entitled to seek any and all remedies under law or equity, without limitation, including injunctive relief without the obligation of posting security or bond.
Assignment
You may assign or transfer all of Your rights and obligations under this Agreement to any person (the ‘transferee’), provided that You obtain the prior written consent of Typonym and the transferee accepts and agrees to be bound by all the terms of this Agreement.
Transfer of Licence
If Your organization merges, is acquired or subsumed by another legal entity, You must make Typonym aware of this within a reasonable period of time, but no less than 10 business days before the transaction. If the new entity anticipates a wider use than the original Agreement, Typonym will require the new entity to sign an addendum to the existing Agreement to confirm transfer of the licence and pay any related increase in the licence fee.
Dispute Resolution
Any dispute or difference arising out of or in connection with this Agreement will be referred to and finally resolved by arbitration in Germany in accordance with German law. The arbitration shall be by one arbitrator to be agreed upon by both You and Typonym and if both parties cannot agree within twenty-one (21) days from the date upon which the dispute arises then an arbitrator will be appointed by the appropriate authority.
Choice of Law and Severability
You agree that this Agreement between Typonym and You was formed in Berlin, Germany, and any cause of action arising from it, arises in Berlin, Germany and will be governed by and construed in accordance with the laws of Germany and within the exclusive jurisdiction of the German courts. Typonym reserves the right to amend or modify this Agreement at any time and without prior notification. Any modifications will preserve the original permitted uses of this Agreement. Modifications may account for changes in technology that would otherwise impair or render obsolete provisions in this Agreement. Modifications shall not be applied retroactively and any original intended use cases will not be void as a result of any modifications. Typonym will provide amended terms to You via email to the address You have provided. If You do not agree to the modified terms, Your continued use of the Fonts could be in breach of the Agreement.
This Agreement embodies the entire understanding between Typonym and You and supersedes all prior arrangements or understandings. If an applicable Court declares any part of it to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Contact
All inquiries may be sent by email to
[email protected].