Please note these favourable licensing conditions:
– The client's Licensee-size is the measurement for the Font license.
– Subcontractors have covered use of the Fonts to work on behalf of the client.
– Great freedom in use of the Fonts.
– Little hassle to comply with the License.
– Trial versions to evaluate your design.
Introduction
This End User License Agreement (the “Agreement”) is a contract between Donat Raetzo and you, the Licensee (the entity or organisation on whose behalf the Fonts are used, and whose name is specified during the checkout or sale process). By purchasing, downloading, installing or otherwise using the Fonts (computer software containing representations of typeface designs), you are agreeing to the terms of this Agreement. Upon receipt of full payment of all applicable license fees, Donat Raetzo grants you the limited, non-exclusive, non-transferable 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 Donat Raetzo.
Commercial License and Non-Profit License
Definitions
“Licensee Size” is the number of people, including part-time and full-time employees and temporary staff, working for the Licensee and/or any shareholders/directors/proprietors or the sole shareholder/director/proprietor/trader. “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. “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.
License Scope
Depending on the purchase option, a Commercial or Non-Profit license permits you to use the Fonts within your organisation perpetually or it is limited to two (2) successive years from the date of purchase (time-limited buying option). If you wish to extend your time-limited license during the time-limited period of use, the previous payment can be credited. Please contact us in such a case. Non-commercial individuals and non-profit organisations receive a discount. The Fonts are provided in OTF (OpenType CFF), WOFF and WOFF2 formats. Alternative formats might be provided upon request, at the discretion of Donat Raetzo. Except as otherwise specified by this Agreement, you may install the Fonts on any number of devices within your organisation; use the Fonts on any number of websites owned and controlled by your organisation; and/or embed the Fonts in static documents (such as PDFs), in eBooks, digital products, installable applications, and other media produced by your organisation. 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 format on the web is not permitted. The cost of a Commercial or Non-Profit license is determined based on the Licensee Size. A Commercial or Non-Profit license remains valid if the Licensee Size increases, provided the Licensee Size was correctly stated at the time of purchase.
Subcontractors
A Commercial or Non-Profit 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 themselves or any party other than the Licensee. Unless a specific exception is granted by Donat Raetzo, a Subcontractor must not be a subsidiary, parent organisation, or other affiliate of the Licensee.
Purchase by Designer
A Designer can purchase a Commercial or Non-Profit 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 actually paid for the license.
Trial License
A Trial Font license permits you to use Trial versions of the Fonts (“Trial Fonts”) for preview and evaluation purposes. Trial Fonts are Fonts with the suffix ‘TRIAL’ included in the filename and/or font data, and are available only in OTF (OpenType CFF) format. You may install Trial Fonts on any number of devices within your organisation. You are permitted to use Trial Fonts for testing, evaluation, and noncommercial educational purposes. This includes student work, provided it is not monetised or performed on behalf of a third party (such as a live brief for a commercial client). You must not use Trial Fonts in websites, mobile applications, or other software products which are made accessible to the public.
General Restrictions
You must take all reasonable precautions to ensure the Fonts are not accessible to unlicensed third parties or to the general public. The Fonts must not be uploaded onto online storage platforms (such as GitHub or Amazon S3) where they would be accessible to unlicensed third parties.
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 Donat Raetzo;
→ Distribute (share, rent, lend, gift, sell, sublicense, etc.) the Fonts or any copy thereof to any unlicensed third party;
→ Transfer this Agreement or any of your rights hereunder to any third party without the prior written permission of Donat Raetzo;
→ Use the Fonts in any explicitly political or religious context, or any context relating to cryptocurrency or the sale of Non-Fungible Tokens (NFTs), without the prior written consent of Donat Raetzo;
→ Use the Fonts in any violent, hateful or discriminatory context;
→ Use the Fonts in any application in which an unlicensed third party could use them to customize their own designs or to create static documents or images (e.g. an online design application, iron-on lettering product, or print-on-demand service).
→ Use the Fonts for the purposes of training and use of artificial intelligence.
→ Embed the Fonts in a device for commercial distribution, which demands for a special OEM License.
Term
This Agreement is effective in perpetuity or for two (2) successive years, depending on the purchase option. When the time-limited use expires after two years all Fonts and all copies must be destroyed to void this Agreement. Except that if you breach any of its terms, Donat Raetzo reserves the right to charge you the cost of a license covering your actual usage of the Fonts, on a per-infringement basis and without discounts, and/or terminate the license.
Warranty
Donat Raetzo makes no warranties, express or implied, as to merchantability, fitness for a particular purpose, or otherwise. If you encounter an issue or problem with the Fonts, Donat Raetzo will make a good faith effort to provide a fix or replacement within 30 days of being notified. If the issue cannot be reasonably remedied, Donat Raetzo may at their discretion offer to refund you, at which point this Agreement will immediately terminate. Donat Raetzo shall in no event be liable to you or any other third party for any direct, indirect, consequential or incidental damages arising out of the use or inability to use the Fonts, even if notified in advance. Under no circumstances shall Donat Raetzo’s liability exceed the cost of the license you purchased. You agree to indemnify and hold Donat Raetzo harmless from and against any claims or damage which may result from your misuse of the Fonts or breach of this Agreement.
Legal
This Agreement is subject to and governed by the laws of Switzerland. This Agreement constitutes the entire Agreement between Donat Raetzo and you, and supersedes any prior discussions or negotiations, whether verbal or in writing. No amendment, modification or waiver will be valid or enforceable unless materialised in an agreement signed by Donat Raetzo. If any part of this Agreement is found void or unenforceable, it will not affect the validity of the rest of the Agreement, which shall remain valid and enforceable according to its terms. Donat Raetzo’s failure or election not to enforce a provision of this Agreement is not a waiver of its right to do so later. The headings and section titles within this Agreement are for convenience and shall not affect or alter the meaning or construction of any terms or provisions of the Agreement.
Thank you for reviewing this agreement. If you have any questions or enquiries, please contact us at mail@uniontypedesign.com.