Font Licences
1. Definitions
1.1
“Beautype Studio” is the Beautype Studio, the font software brand of Beautique
1.2
“You”, “Your” and the “End User” are defined as and refer to the customer (person, company or organization) who has purchased a license 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. Beautype Studio Fonts and products may not be distributed and/or sold to third parties without prior written consent from Beautype Studio.
1.3
“Font”, “Fonts” or “Font Software” have identical meanings in this Agreement. They are defined as the designs of the Fonts and the Software identified on Your Sales Receipt that produces a typeface design(s) together with any other artworks that may be associated with the Font.
1.4
“Sales Receipt” means the electronic document You receive as confirmation of the Fonts purchased.
1.5
“Font”, “Fonts” or “Font Software” have identical meanings in this Agreement. They are defined as the designs of the Fonts and the Software identified on Your Sales Receipt that produces a typeface design(s) together with any other artworks that may be associated with the Font.
1.6
A “User” is defined as a person who installs and uses the Fonts in accordance with the terms of the font license purchased by the End User customer. The User installs and uses 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 license, 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.
2. Permitted Uses and Restrictions
2.1 Installation
The Fonts can be installed and used by the number of Users identified on Your Sales Receipt..For example, purchasing a 1-5 User License entitles up to five (5) Users to install and use the Font on as many devices as necessary. According to the total number of Users, either internal or external to Your organization, listed on Your Sales Receipt, you are permitted to distribute the Fonts. Only outside parties that can use the fonts are for projects connected to your business. You are in charge of ensuring that all Users are aware of and comply with the terms of this license agreement. All violations of this Agreement by such parties shall be deemed a breach by You. Users inside and outside of Your organization may be changed as long as you abide by the terms of this Agreement. You are responsible for making sure that former users stop using the fonts and remove the font files from any devices and electronic storage belonging to them, including email. You must purchase an upgrade to reflect the increase in Your use of the Fonts if you want to add more Users. It is forbidden to save or utilize fonts in any way that would make them available to the general public or unlicensed or unauthorized third parties.
2.2. Servers
To use the Fonts on a local area network (LAN) in your home or place of business, you may install them on a single file server. One (1) User is included for the server. There must not be more Users than those listed on your sales receipt who can access the fonts on the server.
2.3. Font file protection
You consent to take reasonable precautions to prevent unauthorized or unlicensed third parties from accessing and using the Fonts. You agree to tell BeauType as soon as is reasonable if you learn of or become aware of any unauthorized access and/or usage by an unlicensed or unauthorized third party.
2.4. Authorised Use
Authorized uses of the Fonts include: the production of paper publications, for example, newspapers, pamphlets, books and magazines; print advertising; 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 (static images only); embedding in ePub publications; product/merchandise packaging; marketing materials; outdoor advertising (OOH); digital screens and billboards ( non-interactive); presentations (e.g. Powerpoint); film and video (non-broadcast). You can display static images inside of internet and social media adverts by using the fonts (e.g. web banners). You are permitted to use the fonts for private, non-broadcast video content on your personal website or on social media (s). Any paid advertising (such as a commercial) in any form of video material, whether it be on social media platforms, online channels, TV networks, streaming services, or anywhere, is not permitted to employ the Fonts. You consent to hold BeauType clear from any liability resulting from unauthorized use of the Fonts on your behalf.
2.5. Service Bureau/ Printers
You can give a copy of the selected Fonts to a professional printer or service bureau so they can duplicate a certain document. You agree to take reasonable steps to ensure that the printer or service bureau takes the necessary steps to guarantee that the copies of the Fonts are deleted from their devices and electronic storage, including email.
2.6. Back-up Copies
You may make a reasonable number of copies of the Fonts for back-up purposes only. Similar documentation, copyright, trademark, and other proprietary notices must be included on copies as they do on, inside of, or with the Fonts. Back-up copies must be kept safely, and you must take all necessary precautions to prevent unauthorized access to them. You agree to hold BeauType harmless from all expenses, losses, or harm sustained as a result of Your breach of this paragraph. You agree to notify BeauType as soon as is reasonable if you learn of or become aware of any unauthorized access to and/or use of the backup copies by an unlicensed third party.
2.7. Embedding of Fonts
As long as the Font Software is contained, the document text may be read, printed, but not altered, and appropriate precautions are made to assure receivers of such documents cannot extract or use the embedded Fonts, it is legal to embed fonts inside digital documents like PDFs. Rasterized reproductions of images displaying the Font are allowed as long as they don't produce all or nearly all of the characters that make up the Font. A rasterized displaying of the Font is not allowed if the final images display the majority or all of the Font characters.
2.8. Web Fonts, Font Linking
This Agreement expressly forbids the use of BeauType Fonts with the CSS rule @font-face, Cufn, or any other type of font linking. For this, BeauType offers a special Web Font License and related tools.
2.9 Apps, Games, Hardware, Software
The insertion, calling, linking, or embedding of the Fonts in hardware or software in any way is explicitly forbidden by this license. Video games, server-side software, online document production, mobile apps, kiosks, and OEM hardware and software are all examples of this, but they are not the only ones. Contact BeauType to discuss if You desire to utilize the Fonts for such reasons. However, rasterized versions of small amounts of text and/or logos made with the Font Software are allowed.
2.10. Modifications
For your own personal or professional use, you are allowed to make outline artworks using the fonts. However, it is forbidden to use any font-creation or font-manipulation software or make any attempt to modify the font in order to produce a functional, derivative, or alternative version of the typeface. Under no circumstances should You attempt to derive the source code of the Fonts or the designs within by way of modification, adaptation, translation, reverse engineering, decompilation, disassembly, alteration, or any other means. You further agree that without BeauType’s prior written approval, you will not commission or authorize any third party to make changes to the Fonts. BeauType reserves the right to grant or withhold consent.
2.11. Restrictions of Alphabet products
The use of the Fonts in the production of alphabet products, including but not limited to house numbers, stamp sets, rub-on letters, alphabet letters, alphabet punch and die sets, or other processes for use in producing such products, is expressly prohibited by this license. Contact BeauType to discuss if You desire to utilize the Fonts for such reasons.
3. Intellectual Property
3.1
You expressly acknowledge that the Fonts, the designs embodied therein, the associated trade names and/or trademarks and copyrights are the exclusive property of BeauType, and that BeauType has all necessary rights and title to license the Fonts to you. All rights not expressly granted under this license are reserved to BeauType Foundry.
3.2
You acknowledge that the Fonts and their designs are owned by BeauType, and the Fonts’ structure, organization and code constitute valuable trade secrets of BeauType. You acknowledge the Fonts are protected under copyright law, trademark and/or copyright and design laws of other nations, and international treaties. You must not modify such trademarks without BeauType’s prior written consent.
3.3
At Beautype Studio request, You agree to provide an audit to confirm the Fonts You are consuming match Your Sales Receipt. We will give You at least 5 business days’ notice to complete the audit.
4. Warranties and Representations
4.1
BeauType guarantees the Fonts will perform substantially in accordance with the claims made in this article. To file a warranty claim, you must provide your sales receipt and notify the vendor from whom you purchased the Fonts. If a Font does not operate substantially in accordance with the representations, the sole remedy shall be replacement of the font software or a refund of the license fee you paid, as determined by an authorized BeauType officer. BeauType and its vendors do not and cannot guarantee the functionality or outcomes you may achieve from using the Fonts. It is your responsibility to ensure the Fonts meet your needs.
4.2
BeauType expressly disclaims all express and implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose. BeauType does not warrant the Fonts will operate without impediment, interruption or errors, or that they are free of defects. Without limitation, BeauType shall not be liable to you or any other party for any indirect, special, consequential or incidental damages, including lost profits, savings, data or business interruption resulting from use of the Fonts, even if made aware of such potential damages in advance. This applies regardless of legal theory (including contract).
4.3
BeauType warrants the Fonts it creates do not infringe or violate any third party's patent, copyright, trademark, trade secret or other proprietary right.
4.4
If you acquire the Fonts for business or commercial use, you agree to contract out of any Creative Commons License provisions, as well as any Government of Vietnam laws, to the extent they apply on an international level.
5. Indemnification
5.1
Any costs, expenses, obligations, injuries, losses, damages, claims, demands and judgments incurred by any party as a result of that party’s breach of this Agreement are the responsibility of that party, as well as its officers, directors, employees and agents.
5.2
BeauType does NOT provide refunds or returns. All sales are final, unless proven the files are defective following exhaustive technical support and evaluation.
6. Termination
6.1
This Agreement automatically terminates without liability to you if:
(a) You, or any authorized person or party, violates any of its terms and fails to remedy the violation within 30 days of BeauType’s notification; or
(b) You become bankrupt, are placed in liquidation, have a receiver or statutory manager appointed over your assets, become insolvent, cease business operations, or reach a settlement or agreement with your creditors.
(a) You, or any authorized person or party, violates any of its terms and fails to remedy the violation within 30 days of BeauType’s notification; or
(b) You become bankrupt, are placed in liquidation, have a receiver or statutory manager appointed over your assets, become insolvent, cease business operations, or reach a settlement or agreement with your creditors.
6.2
Upon termination, all rights granted to you shall end. You agree to immediately cease using the Fonts, delete all copies in your possession or control or that of authorized persons/parties, and confirm the same to BeauType.
6.3
BeauType may pursue any legal or equitable remedies without restriction, including injunctive relief without having to post security or bond.
7. Assignment
7.1
With BeauType’s prior written consent and provided the transferee acknowledges and agrees to be bound by this Agreement, you may assign/transfer all your rights and duties hereunder to any party ("transferee")
8. Transfer of Licence
8.1
You must timely inform BeauType, no later than 10 business days pre-transaction, of any merger, acquisition or assumption of your organization by another legal entity. BeauType may require the new entity to sign an updated Agreement confirming license transfer and pay any applicable license fee increase anticipating greater Font use than under the original Agreement.
9. Dispute Resolution
9.1
Any dispute arising from this Agreement will be referred to and finally resolved by arbitration in Vietnam per Vietnam laws. If the parties cannot agree on an arbitrator within twenty-one (21) days of the dispute's emergence, the supervising institution shall select one.
10. Governing law and severability
10.1
You agree this Agreement was formed in Vietnam and any cause of action arising from it will be interpreted under and governed by Vietnam laws and courts’ jurisdiction.
10.2
BeauType may amend this Agreement without notice at any time. Originally approved Agreement uses shall not be altered. Modifications may account for technological changes that could otherwise undermine or obsolete this Agreement’s provisions. No modification shall apply retrospectively or invalidate any original intended use cases. Continued Font use contrary to updated terms may violate the Agreement.
10.3
This Agreement represents the parties' entire understanding, superseding all prior arrangements/understandings. If any portion is deemed invalid or unenforceable, the remaining provisions shall stay in full force and effect.
11. Contact
11.1
Direct all BeauType Studio inquiries to info@beau.vn.