End User License Agreement (EULA)
last update: January 2020
The Pyte Foundry AS
Fredrik Haslunds gate 6
0556 Oslo | Norway
1. a. This legally binding License Agreement is made between the End User (the Licensee) and The Pyte Foundry in regards to the Licensee’s use of the font software, its glyph shapes and underlying source code (the Fonts).
1. b. By purchasing the Fonts, the Licensee accepts the terms set out in this License Agreement.
1. c. The Pyte Foundry reserves the right to amend or modify the License Agreement, and will notify the Licensee only of material changes.
2. Scope of License
2. a. The Pyte Foundry hereby grants the Licensee non-exclusive, non-transferrable License to use the Fonts in graphic work of personal and commercial nature given the limitations as described below.
2. b. Terms of Desktop Use
The Licensee is granted the right to install the Fonts on the number of digital workstations (computers) stated in the order summary.
The workstations must belong to the Licensee’s organizational unit. The Fonts may be embedded into Portable Document Format files (PDF) by the Licensee, for the purpose of print production. The Licensee must ensure to embed the Fonts in a secure manner, in order to prevent unauthorized use of the Fonts. Desktop Fonts (.otf) may not be used for web embedding or converted to webfont or other font formats.
2. c. Terms of Web Use
The Licensee is granted the right to upload the Fonts to a web server and embed the Fonts into websites using the CSS @fontface rule. The total number of unique visitors per month to the website(s) using the Fonts must not exceed the number stated in the order summary.
The number of domains and subdomains is not restricted provided that they are all operated by the Licensee. If the number of unique visitors per month exceeds the number stated in the order summary for two consecutive months, the Licensee must contact The Pyte Foundry and upgrade the License unsolicited. The Licensee must ensure to embed the Fonts in a secure manner, in order to prevent unauthorized use of the Fonts. Web use is limited to the provided webfont files (.woff).
2.d. App and ePub Use
The Licensee is granted the right to embed the Fonts into the number of mobile applications (Apps) and electronic publications (ePubs) as stated in the order summary.
All mobile applications or electronic publications must belong to the Licensee’s organizational unit. Identical platform-specific versions of mobile applications are to be treated as a single app. The Licensee must ensure to embed the Fonts in a secure manner, in order to prevent unauthorized use of the Fonts.
2. e. Backup copies
The Licensee may make backup copies of the Fonts for archival purpose on local storage devices or cloud storage services. The Licensee is responsible to prevent unauthorized access and use of the backup copies of the Fonts.
3. Limitation of rights
3. a. The Licensee may not itself or through third parties modify, extend, rename or otherwise alter the Fonts, the containing glyph shapes or its underlying source code.
3. b. The Licensee may not distribute, share, sell or provide the Fonts, save for as set out in this License Agreement.
3. c. The Licensee may not transfer, share, or sublease the License to any other individual or third party.
3. d. The Fonts may not be used in a manner or in combination with material that is offensive or punishable. This includes (but is not limited to) expressions of racism, xenophobia, homophobia, sexism, gender discrimination or other expressions of intolerance violating human dignity and wellbeing.
4. Intellectual Property Rights
4. a. The Pyte Foundry owns and retains all right, title and interest in and to the Fonts, including all copyright and other intellectual property rights therein.
4. b. Nothing in this License Agreement shall be construed as a limitation or transfer of such rights. All rights not expressly granted are reserved by The Pyte Foundry. The Licensee’s breach of The Pyte Foundry’s rights under this clause shall constitute material breach.
5. Liability and Indemnification
5. a. The Licensee acknowledges that the Fonts are delivered “as is” and that The Pyte Foundry does not provide any warranty or guarantee as to the suitability of the Fonts for any particular purpose.
5. b. The Pyte Foundry shall have no liability for any damages sustained by the Licensee arising from the use or the inability to use the Fonts, including without limitation any direct, indirect, incidental and consequential damages.
5. c. The Licensee shall indemnify and hold harmless the The Pyte Foundry from any and all third party claims.
5. d. The Pyte Foundry shall indemnify and hold harmless the Licensee from any and all third party claims relating to the copyright in and to the Fonts.
6. a. Any use of the Fonts other than set out in this License Agreement will be construed as breach of contract.
6. b. The Licensee’s breach of this License Agreement entitles The Pyte Foundry to terminate the License with immediate effect. Upon termination the Licensee must delete all copies of the Fonts.
6. c. Upon The Pyte Foundry’s termination of the License Agreement due to Licensee’s breach of terms, license fee that is already paid will not be reimbursed.
7. Choice of law and jurisdiction
Any dispute arising from this License Agreement is governed by Norwegian law, and shall be settled by the City Court of Oslo.