Test Font License Agreement (TFLA)

last update: January 2020

The Pyte Foundry AS
Fredrik Haslunds gate 6
0556 Oslo | Norway

1. Background

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 Test Fonts).

1. b.  By downloading the Test 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 Test Fonts given the limitations as described below.

2. b.  Terms of Test Font use
The Licensee is granted the right to install the Test Fonts on any number of workstations (computers) as long as the workstations belong to the Licensee’s organizational unit. The Test Fonts may only be used for evaluation, client presentation and mock-up purposes and may not be used for the production of final print files.

The Test Fonts may be embedded into Portable Document Format files (PDF) by the Licensee. The Licensee must ensure to embed the Test Fonts in a secure manner, in order to prevent unauthorized use of the Test Fonts. Desktop Test Fonts (.otf) may not be used for web embedding or converted to webfont or other font formats.

2. c.  Backup copies
The Licensee may make backup copies of the Test 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 Test Fonts.

3. Limitation of rights

3. a.  The Licensee may not itself or through third parties modify, extend, rename or otherwise alter the Test Fonts, the containing glyph shapes or its underlying source code.

3. b.  The Licensee may not distribute, share, sell or provide the Test 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 Test 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 Test Fonts are delivered “as is” and that The Pyte Foundry does not provide any warranty or guarantee as to the suitability of the Test 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 Test 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 Test Fonts.

6. Termination

6. a.  Any use of the Test 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 Test 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.