End User License Agreement

Fontyou Commercial License

GENERAL CONDITIONS & EULA 03072013
Publisher : FONTYOU

A French « société par actions simplifiées » with a capital of 134000 €
Registered Office : 3, Rue de la Rouchefoucauld, 75009 Paris, France
Trade and Companies Register Number: 789 478 229
VAT Identification Number: FR 557 894 782 29
Phone number: +33 (0)1 42 25 44 40
Email: contact.us@fontyou.com

Publishing director: Gregori Vincens

Hosting: OVH 140,
Quai du Sartel 59100
Roubaix
France
+33 9 72 10 10 07

COPYRIGHT AND TRADEMARK NOTICE
The logo, pictures, texts, fonts on www.fontyou.com are protected by copyright and intellectual property laws and international treaties, regardless of the country in which you are operating, and belong to FONTYOU.

FONTYOU is a registered trademark of FONTYOU.

Unless express written authorization of FONTYOU, it is strictly forbidden to reproduce any of the above listed elements from this website whatever the means, the resource or the form used.

PRODUCTS
FONTYOU products and software (fonts) are available but not limited to for Macintosh and /or Windows platforms.
FONTYOU’s products and other software are available in any country in the world.

END USER LICENSE AGREEMENTS (EULA)

The client purchasing products from the website www.fontyou.com agrees to the terms of the relevant End User License Agreement (EULA) which defines the authorized uses of the products.

PRICE
All prices from www.fontyou.com are in Euro and exclusive of taxes.
French and EEC customers of www.fontyou.com will have to pay the additional French Value Added Tax (VAT) of 19,6 % that is calculated during the checking out of your order. VAT will appear on the “Cart total” of the client of www.fontyou.com checkout and invoice. Any valid VAT Identification Number entered by a professional (Euro Zone only) will be verified by
www.fontyou.com to validate the order. A valid VAT number will result a total order to be paid exclusive of VAT, while an invalid VAT number will result a total order including French VAT (19,6 %).

PAYMENT
The customer of the website www.fontyou.com can choose between several payment options, namely: Carte Bleue, VISA or MasterCard, via Mercanet.
Mercanet is the secure solution created by BNP Paribas.
Each data registered by FONTYOU constitutes the evidence of the commercial transactions
carried out between FONTYOU and its clients. Any data registered by the payment system
Mercanet is provided by Mercanet and by BNP Paribas, used and chosen by the client of www.fontyou.com (bank or any other establishment) and thus constitutes the evidence of all the financial transactions carried out between FONTYOU and the establishment in question (or any other organization).
Payment by wire transfer is available only for offline purchases. Please contact FONTYOU for details of the process.

CUSTOMER SERVICE
For any question or information regarding the products offered on the website www.fontyou.com, the visitor of the website is invited to contact FONTYOU either via the contact form available on the website, or via an email to contact.us@fontyou.com.

If the visitor of www.fontyou.com want to order digital font licenses over 1000 users, and/or any specific license not covered by the standard End User License Agreements, please contact FONTYOU, via the contact form available on the website, or via an email to contact.us@fontyou.com, to obtain a quote.

PERSONAL DATA
Personal data are automatically gathered in order to create client’s accounts, customize services and to treat and deliver orders. The collected data are notably:
When creating an account :
o Your login and password
o Your email address
When purchasing a product :
o Your name and contact details
o Your payment details

The addressee of the data is : FONTYOU – 3, rue de la Rochefoucauld – 75009 Paris – FRANCE.
Pursuant to the French « Computer and freedom » law of January 6, 1978 modified in 2004, the visitor of the website www.fontyou.com has a right to access and rectify the data which concern him and which may be exercised by contacting : FONTYOU – 3, rue de la Rochefoucauld – 75009 Paris – FRANCE, by email contact.us@fontyou.com.

The visitor of the website can also object, for legitimate reasons, to the treatment of data concerning him.

COOKIES
Cookies are information placed on the computer of the visitor of the website www.fontyou.com to
ameliorate the browsing on the website and the communication with FONTYOU.
FONTYOU may use cookies, notably to store personal information, such as the one use to create an account on the website, and information on the products ordered. The visitor of the website may disallow cookies through its web browser.

MODIFICATION OF THE GENERAL CONDITIONS
FONTYOU reserves the right to unilaterally modify the present General Conditions.

APPLICABLE LAW AND CHOICE OF JURISDICTION
All disputes arising between the Parties concerning the existence, the validity, the interpretation and/or the performance of the present agreement that could not be amicably solved shall be exclusively the deferred to the Tribunal of Grande Instance of Paris.

This agreement is exclusively governed by French law.

End User License Agreement « DESKTOP FONT »
The present agreement is concluded between the company FONTYOU (hereafter called «FONTYOU »), on the one hand, and any natural person or legal entity wishing to benefit from a licence on a product offered on the website www.fontyou.com (hereafter called the “End User”), on the other hand.
Hereafter together called « the Parties ».
By buying, downloading, using or installing a product offered on the website www.fontyou.com, the End User agrees to be fully bound by the all the terms of the present agreement and recognizes that he has read and understood it prior to placing its order.

1. Definition
The « Desktop Fonts » are fonts offered on the website www.fontyou.com and embodied in software.

1. Intellectual Property Rights
The Desktop Fonts are protected by copyright and intellectual property laws and international treaties.

The Desktop Fonts remain the exclusive property of FONTYOU.

The End User undertakes not to suppress the « Font Info » files attached to the Desktop Fonts crediting FONTYOU of the copyright on the Desktop Fonts.

1. Subject and content of the license
3.1 Subject of the license
FONTYOU hereby grants to the End User, who accepts, a license to use the Desktop Fonts :
nonexclusive,
for the entire world ;
for the legal duration of the copyrights ;
in the conditions defined hereafter.

3.2 Content of the license
The present license exclusively allows for the following uses :
Installing and using the Desktop Fonts on the number of workstations mentioned
on the corresponding invoice and which must all belong to the End User.

Installing
the Desktop Fonts on a file server for use on a local area network (LAN),
provided that the total number of workstations using of the Desktop Fonts via this server is expressly limited to the number of workstation authorized by the present agreement.

Transferring
a copy of the Desktop Fonts to an external service provider (such as a printer bureau) in order to allow him to create and modify an electronic document in which the Desktop Fonts are used. However, the service provider must destroy the copy of the Desktop Font once he has completed his work.

Importing
the Desktop Fonts as graphical objects into a drawing program and modify them, for example in order to create a logotype.

Making one backup
copy of the software contained in the Desktop Fonts. The End User undertakes to retain exclusive custody and control over said copy and, upon termination of the present license, to destroy said copy. If the End User is a graphic design studio or an advertisement agency and proposes the Desktop Font for use to a final client, the latter shall also acquire a personal license adapted to its specific use.

Thus, the present license notably forbids the following uses :
Embedding
the Desktop Fonts in applications, software and hardware such as:
video game consoles, interactive terminals, video games, navigation systems, mobile apps, ebooks, phones, TVs, cameras.

Using the Desktop Fonts so as to integrate them, partially or totally, in a new font or in products aimed at editing alphabet letters, such as stencils, cut ondemand adhesive, rubber stamps, etc.

Proceeding to the modification, correction, decompilation, disassembly,
recompilation, reverse engineering, except for the public policy rights granted to the user of software.

Assigning the present license and selling, lending, giving or distributing the
Desktop Fonts

1. Warranty
Pursuant to legal provisions, FONTYOU warrants the End User against all latent defects affecting the Desktop Fonts and rendering them unfit for their intended use. In order to obtain the enforcement of the warranty, the End User shall inform FONTYOU, by registered letter with recorded delivery, of the latent defects existing at the time of delivery and revealed subsequently within fifteen (15) days of the discovery of the defect. Otherwise, the End User’s rights will be deemed forfeited. The End User shall bear the burden of proving the date on which the defect was discovered. In the event of a latent defect, the only obligation of FONTYOU shall be the free replacement or repair of the Desktop Font which has been recognized defective by its services.

1. Delivery
The Desktop Fonts will be available for download from the Website upon receipt of the payment of the price.

1. Personal data protection
Personal data are automatically gathered in order to treat and deliver orders. The addressee of the data is : FONTYOU – 3, rue de la Rochefoucauld – 75009 Paris – FRANCE.

Pursuant to the French « Computer and freedom » law of January 6, 1978 modified in 2004, the End User has a right to access and rectify the data which concern him and which may be exercised by contacting : FONTYOU – 3, rue de la Rochefoucauld – 75009 Paris – FRANCE.

The End User can also object, for legitimate reasons, to the treatment of data concerning him.

1. Termination
Each Party retain the possibility to terminate the present agreement if the other Party fails to perform one or several of the obligations incumbent on it by virtue of this agreement in conditions rendering impossible the performance of the agreement on the agreed basis. The termination of the present agreement could however only intervene fifteen (15) days after the sending by the injured Party of a formal notice to the other Party by registered letter with recorded delivery, indicating the nature of the failing and the absence of remedy to the failing in question.

1. Choice of jurisdiction and governing law
All disputes arising between the Parties concerning the existence, the validity, the interpretation and/or the performance of the present agreement that could not be amicably solved shall be exclusively the deferred to the Tribunal of Grande Instance of Paris.

This agreement is exclusively governed by French law.

End User License Agreement « TYPEVECTORS »
The present agreement is concluded between the company FONTYOU (hereafter called «FONTYOU »), on the one hand, and any natural person or legal entity wishing to benefit from a licence on a product offered on the website www.fontyou.com (hereafter called the “End User”), on the other hand.
Hereafter together called « the Parties ». By buying, downloading, using or installing a product offered on the website www.fontyou.com, the End User agrees to be fully bound by the all the terms of the present agreement and
recognizes that he has read and understood it prior to placing its order.

1. Definition
« Typevectors » are vectorial files offered on the website www.fontyou.com in .eps format.

1. Intellectual Property Rights
Typevectors are protected by copyright and intellectual property laws and international treaties. Typevectors remain the exclusive property of FONTYOU.
The End User undertakes not to suppress the « Font Info » files attached to the Typevectors crediting FONTYOU of the copyright on the Typevectors.

1. Subject and content of the license

3.1 Subject of the license

FONTYOU hereby grants to the End User, who accepts, a license to use the Typevectors :
nonexclusive,
for the entire world ;
for the legal duration of the copyrights ;
for an installation on only one workstation;
in the conditions defined hereafter.

3.2 Content of the license
The license may be either « standard » or « extended », depending on the price mentioned on the corresponding invoice.

Standard license
The standard license exclusively allows for the following uses :
in pictures and illustrations embedded on a website, a newsletter, a web banner,
a video, a slide show, a press article or a magazine.
in titles, short texts or in pictures and illustration embedded in printed
advertisements, promotional leaflets, packaging.
On threedimensional objects, namely in stalls, for business architecture, for
interior design.
If the End User is a graphic design studio or an advertisement agency and proposes the
Typevectors for use to a final client, the latter shall also acquire a personal license adapted to its specific use.
Thus, the standard license notably forbids the following uses :
creating products intended for sale, such as posters, calendars, clothes, Tshirts,video games, postcards, mugs, etc.
embedding the Typevectors in templates or online applications.
using the Typevectors in connection with « print on demand » products or
services.
creating a logotype aimed at being sold to a third party.
sharing the Typevectors by allowing for their download on shared hard drives,
computer networks or intranets.
assigning the present license and selling, lending, giving or distributing the
Typevectors.

Extended license
In addition to the uses allowed by the standard license, the extended license exclusively allows for the following uses :
creating products intended for sale, such as posters, calendars, clothes, Tshirts, video games, postcards, mugs, etc.
embedding the Typevectors in templates or online applications.
creating a logotype aimed at being sold to a third party provided that (i) there is a creative intervention of the End User and (ii) the logotype contains either a modified version of the Typevector or associates it with other element(s), such as a symbolic.

If the End User is a graphic design studio or an advertisement agency and proposes the Typevectors for use to a final client, the latter shall also acquire a personal license adapted to its specific use.

Thus, the extended license notably forbids the following uses :
using the Typevectors in connection with « print on demand » products or
services.
sharing the Typevectors by allowing for their download on shared hard drives,
computer networks or intranets.
assigning the present license and selling, lending, giving or distributing the
Typevectors.

1. Warranty
Pursuant to legal provisions, FONTYOU warrants the End User against all latent defects affecting the Typevectors and rendering them unfit for their intended use. In order to obtain the enforcement of the warranty, the End User shall inform FONTYOU, by registered letter with recorded delivery, of the latent defects existing at the time of delivery and revealed subsequently within fifteen (15) days of the discovery of the defect. Otherwise, the End User’s rights will be deemed forfeited.

The End User shall bear the burden of proving the date on which the defect was discovered.

In the event of a latent defect, the only obligation of FONTYOU shall be the free replacement or repair of the Typevectors which has been recognized defective by its services.

1. Delivery
The Typevectors will be available for download from the Website upon receipt of the payment of the price.
1. Personal data protection
Personal data are automatically gathered in order to treat and deliver orders. The addressee of the data is : FONTYOU – 3, rue de la Rochefoucauld – 75009 Paris – FRANCE.

Pursuant to the French « Computer and freedom » law of January 6, 1978 modified in 2004, the End User has a right to access and rectify the data which concern him and which may be exercised by contacting : FONTYOU – 3, rue de la Rochefoucauld – 75009 Paris – FRANCE.

The End User can also object, for legitimate reasons, to the treatment of data concerning him.

1. Termination
Each Party retain the possibility to terminate the present agreement if the other Party fails to perform one or several of the obligations incumbent on it by virtue of this agreement in conditions rendering impossible the performance of the agreement on the agreed basis. The termination of the present agreement could however only intervene fifteen (15) days after the sending by the injured Party of a formal notice to the other Party by registered letter with recorded delivery, indicating the nature of the failing and the absence of remedy to the failing in question.

1. Choice of jurisdiction and governing law
All disputes arising between the Parties concerning the existence, the validity, the interpretation and/or the performance of the present agreement that could not be amicably solved shall be exclusively the deferred to the Tribunal of Grande Instance of Paris.

This agreement is exclusively governed by French law.