XO Type Co from House of Pretty, Ltd.
Font Software End User License Agreement
1. General conditions
1.1 This binding end-user license agreement regulates the contractual obligations between House of Pretty, Limited, represented through President Patric King (hereinafter referred to as Pretty) and yourself, or the natural or legal person you represent.
1.2 You recognize the conditions of this end-user license agreement as soon as you agree to its applicability in the course of ordering the product online, or as soon as you download or install the software we have made available.
1.3 This binding end-user license agreement applies for the usage of the font software:
a) for print usage, which means the installation of the font software on computers and/or output devices, for the creation and distribution of digital and printed documents or though the creation of apps, and
b) for usage of the font software on the web, which means the downloading of the software on a computer for typographical creation and text application on websites.
Pretty grants you the right within the context of the conditions of this end-user license agreement to install the software on as many computers (laptops, desktop computers, tablets) and output devices (printers, image setters), in accordance with the acquisition of rights to usage, as well as the right to use the font software for typographical creation of websites. We offer you the font software in the following formats: Open Type (OTF), True Type (TTF), and Web Open Font Format (WOFF and WOFF2). Upon ordering, you will receive the font software in all four formats.
2. Contract start
2.1 Our clients are free to order our products online. The order submitted is considered an offer directed at us for the closure of a contract.
2.2 A contractual relationship between us and our clients begin the moment we are in receipt of the client‘s order. This occurs immediately after we enable the download of our font software, after:
a) the client has delivered all information for the closure of the contract, i.e. information as to their person, mode of payment and desired product, and
b) the client has agreed to our end user license agreement (EULA).
Our receipt of the order does not have to be explicitly expressed, given that our enabling of the software’s download in the context of an order counts as an official receipt of that order.
2.3 Before our client bindingly submits their order online, they have the possibility of checking his submitted data for correctness and completeness, and correcting potential errors. The contract’s contents are saved after the contract has been closed, and can be made accessible to the clients upon request. After receiving a client’s orders online, we send a confirmation e-mail to the entered address confirming the order.
2.4 Our clients enter into a contractual relationship with House of Pretty, Limited, represented by President Patric King, 3020 N. Albany Ave. Chicago IL 60618, USA.
3. Price, payment, due date and delay
3.1 Our prices are listed as gross prices. No delivery and shipping costs are considered in the online order. Our current prices are applicable at the point of contract closure.
3.2 Our clients can pay per Visa, Mastercard, American Express, and Discover credit card, or Apple Pay.
a) For credit card payments: we accept Visa, Mastercard, American Express, and Discover credit cards. Our clients submit their credit card information upon completing their online order. The data is only saved in order to process the order. In order to maintain the security of the data transfer, as well as the confidentiality of the data, we use the SSL security system. We charge the client’s credit card with the amount reflected on the invoice.
b) For payment via Apple Pay: Apple Pay is a payment system applicable in Asia-Pacific Countries, Europe, Middle East, and North America. A full list of participating countries can be obtained at https://support.apple.com/en-us/HT207957. Information on the Apple Pay system can be obtained at https://www.apple.com/apple-pay/
3.3 Clients are required to cover any applicable bank fees associated with transfers coming from outside the United States.
3.4 All usage of the font software going beyond the conditions laid out in the EULA is only permissible with the payment of an additional fee befitting the expanded use.
3.5 Payment for the rendered service is due immediately. Should penalties be incurred (such as returned payments), we are allowed to demand the cost of the said penalties. The client is at liberty to prove that the penalties were not instituted, or were at a lower cost.
4. Right to rescind
We reserve the right to rescind a contract in cases where we are not legally authorized, or in the position to distribute, the software to be downloaded. In such cases, we are obligated to reimburse already delivered payments without delay.
5. Right of Use
5.1 Upon agreement to the conditions of this end-user license agreement and/or the downloading of the software, Pretty grants you rights to the font software’s usage that are non-exclusive, transferable in accordance with the terms of this agreement, unlimited in terms of time and space, and restricted in terms of content in accordance with Article 4 of this agreement. The consent to right of use is dependent on the full payment agreed upon.
5.2 You retain the right to transfer your acquired rights to use of the font software to third parties if:
a) the third party delivers Pretty a written statement in agreement with the conditions of the end-user license agreement and
b) you delete the acquired font software from the devices onto which you have downloaded the software, as well as delete any back-up copies on any physical data carriers. This uninstallation and deletion process is to be documented in this case, with convincing evidence of the process having taken place and submitted to Pretty upon its request. After the effective transfer of the font software to a third party, you no longer have the right to use the font software.
5.3 You are only allowed to create back-up copies of the font software for security reasons. You are required to take appropriate precautions to prevent an unauthorized distribution of the font software. Should you make the font software or parts of it accessible to third parties, then the third party is obliged to submit to Pretty a written statement in agreement with the conditions set in the end-user license agreement. You are to inform third parties of this obligation to submit a written statement.
6. Scope of License
a) A website is defined as a collection of data, under a certain domain name, including any possible subdomains, where an undetermined number of visitors have access to via internet or intranet managed by yourself or your clients
b) A Mobile Application (App) is defined as an application software designed to run on smartphones, tablet computers and other mobile devices or with mobile operating systems (OS). A (1) Mobile Application (App) hereby designates one completed application although updates are included. Special editions as well as application extension modules are not included.
6.2 You have the right to:
a) install the font software in the offered formats (OTF, TTF, woff and woff2) on as many computers (laptops, desktop computers, tablets) and/or output devices (especially printers, imagesetters, etc.) and use it in accordance with the acquisition of the rights to use and
b) to use the software in the typographical set-up of your own website, or in the creation of a website for a third party, i.e. the website of your clients, as well as make the creative results from the font software publicly accessible via internet or internet.
c) to use the software in the typographical set-up of your own Mobile Application (App), or in the creation of a Mobile Application (App) for a third party, i.e. the Mobile Application (App) of your clients, as well as make the creative results from the font software publicly accessible via intranet or internet (includes online stores of
OS providers such as Apple iOS app store, and Google Play).
d) convert the font software to the formats TTF, EOT, SVG or WOFF via a conversion tool of your choice if it is only offered in OTF format by Pretty. Please note restrictions of use in Article 4 (specifically 4.e). However, we provide no warranty for any formats generated by conversion tools (see Article 6.4).
6.3 In the course of completing an order, you have the possibility of entering the number of people employed by the Licensee. As long as nothing else is agreed upon, the transfer of nonexclusive rights of use for a Pretty font software in the formats (OTF, TTF and EOT, SVG and WOFF) are valid for a single designer. License category: Individual.
6.4 Further we offer you the following licence categories. The prices are set according to the total size of the Licensee. (If you’re licensing fonts for yourself or your own company, you are the licensee. If you’re a designer or agency, it’s your client.)
2 to 5 employees: for Licensees with 2 to 5 employees.
6 to 10 employees: for Licensees with 6 to 10 employees.
11 to 25 employees: for Licensees with 11 to 25 employees.
26 to 50 employees: for Licensees with 26 to 50 employees.
51 employees and up: for Licensees with 51 employees or more.
The concrete prices for the scope of foreseen usage can be extracted from the order form, as well as the overview of products for sale. During confirmation of sale, we will name the concrete price for the downloaded font software a second time.
7. Restrictions on use
7.1 Because you are only acquiring a non-exclusive, content-restricted right to usage, it is forbidden for you to:
a) …take significant features of the font software or parts of it to integrate into a new font software;
b) …change or reconstruct the font software or parts of it;
c) …decompile the font software or parts of it, meaning generating readable source codes.
d) …disassemble the font software or parts of it, by changing the object code of the font software in readable assembler language.
e) …process the font software or parts of it by way of reverse engineering. This covers many forms of program analysis that are not connected to the de-compiling of the font software.
f) …distribute the software or parts of it for payment or for free, meaning offering or trading the software publicly, including all distribution activity, such as leasing, circulation, resale, publishing in online services, sale, the distribution of sublicenses, sub-leasing, etc.
g) …rename the software
h) …use the software in conjunction with other computer programs with the aim of joint exploitation
7.2 When creating documents with the font software, you are obliged to ensure that these documents are distributed only in read-only format, which allow viewing and printing but not editing. To this end, and in accordance with the abovementioned requirements, you are allowed to embed the font software in the document. Should third parties (printing services, agencies, copying firms, clients) have the technical possibility of editing, changing or processing the font software, the third party is required to have a special license, unless you are able to ensure that the receivers neither permanently install nor save the font software. You are obliged to inform third parties of this licensing requirement.
7.3 Copyright, industrial design rights, graphic character rights or any other intellectual property rights to the creative achievement of the fonts and of the technical programming achievements of the software and to the products, brands and the business descriptions remain with the respective right-holders and remain unaffected by the download of the font software.
7.4 We would be much obliged, should you name XO Type Co as a font designer in the Impressum section of your website or on copies of your documents.
8.1 A culpable violation of contractually significant obligations means both parties are justified in canceling the end-user license agreement after prior unsuccessful warning. Warnings and termination should occur in written form immediately after the culpable violation has occurred. The right to immediate cancelation in exceptional circumstances shall remain unaffected.
8.2 In the case that the Pretty cancels the license agreement, you are obliged to delete the font software from all computers and/or output devices, on which the software was installed. Existing back-up copies on physical data carriers are to be deleted. On Pretty’s demand, sufficient evidence of the deletion processes is required to be provided.
8.3 Repayment claims in connection to license payments are excluded in this case.
9.1 Complaints and defects regardless of nature are to be submitted in written/e-mail form to Pretty immediately, within 14 days of downloading and/or installing the font software. Written or e-mailed complaints on issues that were not to be discovered within this 14-day period despite careful examination are to be submitted to us as soon as an issue is discovered. The same applies for defects that are discovered within the period of guarantee. After the expiry of the warranty, the product is considered defect-free. Receipt of the notification is the determining criteria for adherence to the 14-day notification deadline.
9.2 The statute of limitations for warranty claims is set at one year.
9.3 Pretty has the option of repairing or replacing the product in the context of its warranty obligations. Should we decide to replace a product in the context of a warranty, our client is obliged to remove the deficient font software from all computers where it had been installed, as well as destroy back-up copies, especially on physical data carriers. We can demand appropriate proof of deletion, as well as the destruction of the font software. Usage of the deficient software is no longer allowable in this case.
9.4 Pretty provides no warranty for additional formats such as, for instance, TTF, EOT, SVG or WOFF generated by any conversion tool. This refers to Article 6.2 paragraph d): Rights granted to convert the supplied OTF format.
10.1 We are only liable for our own shortcomings and only in cases of deliberate intent and gross negligence, regardless of the legal basis. For slight negligence, we are liable to compensate expenditure and damages only for the breach of contractually significant obligations, limited to the immediate and foreseeable damage. We are not liable for indirect damages, or damages as a consequence of deficiencies, or loss of income. In the case of death or injury to health or physique, legally mandated liability regulations apply.
10.2 We are not liable, except in the case of deliberate intent and gross negligence, for the acceptability of usage of the font software in regard to competition, labeling, copyright or other forms of industrial property protection rights. To our knowledge, the rights of third parties using our downloadable software in view of usage rights are clear; at the same time, our client is obligated to independently and conscientiously assess the permissibi-lity of usage of the software obtained from us in each case, before it is used in commercial practice. We emphasize that despite all due diligence, it cannot be ruled out that the font software can be manufactured in infringement of copyright, industrial design rights, graphic character or other intellectual property rights. We explicitly do not guarantee that the font software is free from infringement of the aforementioned laws. Rights to damages relating to these are therefore not applicable.
10.3 The abovementioned liability exclusions and limitations are also applicable extend to our employees, representatives and subcontractors. These do not apply, as long as damages are caused by intentional or negligent behavior, or personal injury occurs, or moral violations are intentionally or negligently carried out. These do not apply, should our clients assert claims from §§ 1 and 4 of the Product Liability law.
10.4 The client is to indemnify us against any claims filed by a third party against us due to conduct for which the customer is responsible or liable.
11. Final provisions
11.1 United States laws are applicable.
11.2 Should you be a registered trader, the jurisdiction for conflicts relating to this EULA is our company‘s location. This is also applicable to contractual conflicts outside the United States.