TimbreType End User License Agreement (EULA)
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. BY CLICKING THE ACCEPTANCE BUTTON AND/OR INSTALLING THE TIMBRETYPE FONT YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT
This End Users License Agreement (“EULA”) sets forth the terms and conditions of your use of the accompanying TimbreType Font. Creator hereby grants to You a non-exclusive, non-assignable, non-transferable, limited license to use the Font, according to the provisions contained herein and subject to payment of applicable License fees. You are not permitted to lease, rent, distribute, sell, or sublicense the Font or any rights therein. You also may not install the Font on a network server, use the Fontin a time-sharing arrangement, or in any other unauthorized manner. Further, no License is granted to You in the human readable code of the Font (source code). Except as provided below, this EULA does not grant You any rights to patents, copyrights, trade secrets, trademarks, or any other rights in the Font. You agree that You have no right, power, or authority to make any modifications to or unauthorized copies of the Font. For the purposes of this EULA, capitalized terms shall have the meanings set forth in Section VI herein.
I. Permitted Commercial Font Use
A. License Size. This License allows for the use of the Font by You provided the Gross Revenue specified on Your Sales Receipt matched Your Gross Revenue at the time of purchase. You agree to provide verification of Your Gross Revenue upon request of the Creator. If Your Gross Revenue increases after the purchase of the Fonts, this License remains valid. If You have purchased the Font on behalf of Your Client, Your Client’s Gross Revenue must be used.
B. Time and Location-Based Limitations. This License is perpetual and has no geographical limitation.
C. Allowed Modifications. The following modifications of the Fonts are permitted. You may outline the Fonts in a design program and alter those outlines to use in logos or static design elements. You may not convert or copy these outlines back into working font software.
D. Static Uses. This License allows for the use of the Font for the creation of static images on any surface such as computer and television screens, paper, photographs, printed material, shirts, web pages, applications, and any surface on which the image is a fixed size. You may use the Font to create EPS or other scalable drawings.
E. Web Fonts. This License allows for the use of the Font in an unlimited number of Websites provided that all of the Websites are owned by You. You must use the web fonts provided in your Fonts package (WOFF2 files are included). Uploading OTF or TTF versions of the Font to a Website or use online is strictly prohibited. Any use of OTF or TTF versions of the Font on a Website or otherwise online shall be a violation of Your License and you shall be subject to claims by the Creator against You. There is no restriction based on the number of Viewers. The web fonts may only be installed on Website domains that are under your direct control. The Fonts may not be embedded on websites or tools that allow the use of the Fonts in the generation of dynamic artwork or documents that can be viewed remotely by other users through the website or exported for use outside the context of the website.
F. Social Media. You may use the Font in static and dynamic social media content.
G. Applications. You may use the Font in Applications provided all of the Applications are owned by You.
H. Broadcast. You may use the Font in broadcast media and for broadcast purposes. There is no geographical limit to this License. There is no restriction based on the number of Viewers.
I. Embedding and Linking. You may embed the Font into any electronic document (such as a PDF), provided that any such document containing the Font is not editable by the recipient.
II. Restricted Commercial Font Uses
A. Commercial Letterform Products. You may not use the Font in letterform related or alphabet products, including letterform reproduction products and any product, device, or service which owes an essential portion of its value or appeal to the shapes of the letterforms in the Font. For example, the Font may not be used for: rub-on letters; rubber stamps; stencil alphabet sets; adhesive alphabet letters; print-on-demand products designed interactively by a Third Party with the Font; reproductions of individual letterforms for house numbering, signage, or scrapbooking.
B. Restriction on Transfer. You may not rent, lease, sublicense, or assign any portion of the Font except as otherwise expressly stated in this License. Likewise, You may not authorize any individual or legal entity to copy any portion of the Font onto that individual or entity’s computer.
C. Online Storage. You must take all reasonable precautions to limit access to the Font to the parties listed herein. You may not upload the Font to any service which allows access to the Font by the general public, such as public GitHub repositories.
D. Restricted Modifications. You may not alter, adapt, modify, translate, or create derivative works based on the Font itself without Creator’s prior written consent.
E. AI Training. You cannot use the design or internal data of the Font for the training of artificial intelligence (AI) models or tools.
III. Third Parties
A. Allowed Parties and Uses. You may provide the Font to a graphic designer, printer, Broadcaster or other service provider working on Your behalf, only if they agree to use the Font exclusively for Your work, agree to all terms of this License, and retain no copies of the Font upon completion of the work for which you retained them.
B. Purchases for Clients. You may purchase a Font on behalf of a Client provided the Client is specified during the purchase process. The Gross Revenue specified on the Sale Receipt must be equal to the Gross Revenue of the Client. If no Client is specified, the Gross Revenue must be equal to Your Gross Revenue. You may still use the Font on work for a Third Party but you may not provide the Font to Third Party not listed in Section III (A) above.
C. You are not permitted to quote or invoice the Licensee for any price other than the amount they actually paid for the License.
D. Third Party Restrictions. You may not make the Font accessible to any Third Party not otherwise authorized under this License or distribute the Font by any means not explicitly allowable herein.
IV. Non-Commercial Permitted Font Use
A Non-Commercial License permits You to use the Font for preview and evaluation purposes, and in documents for personal use. The Font included with a Non-Commercial License includes the full version of the Font, with no reductions made to the character set or features, provided in OTF (OpenType CFF) and TTF format. A Non-Commercial License permits you to install the Fonts on any number of devices within your organization. You are permitted to use the Font in self-initiated, non-commercial work. This includes student work, provided it is not performed on behalf of a Third Party (such as a live brief for a Commercial Client). You may post this work on social media on the condition that you credit both Creator and the name of the typeface within the post. You are permitted to use the Font in the creation of design proposals You submit to a Client, even if this would constitute a Commercial use. However, in the event the design proposal is accepted by the Client, you must purchase a Commercial License to use the Font in the Client’s work.
V. Non-Commercial Restricted Uses
A. Commercial Work. You are prohibited from using the Font under a Non-Commercial License for any Commercial work. You are prohibited from using the Font in any situation not explicitly stated in Section IV above.
B. Web Fonts. A Non-Commercial License does not provide WOFF files and does not allow the use of the Font on Websites.
General License Provisions
VI. Defined Terms
For the purposes of this EULA, the following capitalized terms shall have the meanings set forth below.
i. Creator means Robert McConnell or his assignee.
ii. Font means the TimbreType font including all of its letters, numerals and characters, in all of its styles and iterations, including its web font.
iii. You/Your means the user of the Font.
iv. Third Party means any individual, entity, or association that is not You.
v. Client means any Third Party on whose behalf You use the Font, whether or not you receive compensation from that Third Party.
vi. Gross Revenue means the revenue that You or Your business enterprise generates on an annual basis.
vii. Sales Receipt means the stated Gross Revenue on the receipt generated when you purchase the Font License.
viii. License means the terms set forth under this EULA which govern Your use of the Font and by which you agree to be bound.
ix. Website means a collection of publicly accessible, interlinked related web pages that share a single domain name.
x. Viewer means a unique visitor to Your Website.
xi. Application means any computer program, whether intended for desktop or mobile application that performs a specific task or set of tasks.
xii. Commercial means use in connection with any action that is intended, prepared, done, or taken with the purpose on salability, financial profit, or success.
xiii. Non-Commercial means any use that is not Commercial.
xiv. EPS; OTF; TTF; and WOFF shall have the meanings generally ascribed to them within the design industry.
VII. Upgrades, Updates & Ownership
A. Updates. Creator may provide You with free updates as the development of the Font progresses. However, Creator does not guarantee that any Font will be updated, and may discontinue work on Font at any time, for any reason. If Creator does update any Font, it has no obligation to continue to make available for access or download any prior versions of any Font.
B. License Upgrades. If you have purchased the Font under a Non-Commercial License and wish to or are required to upgrade to a Commercial License the cost of the Non-Commercial License can be credited against the upgrade cost to a Commercial License. This credit must be applied at the time of purchase and will not be retroactively applied. Please contact email@example.com with proof of License for discount code.
C. Ownership. You agree that Creator owns and holds all right, title, and interest to the Font, and all subsequent copies thereof regardless of the form or media. Furthermore, all title, ownership rights, and intellectual property rights in the Font shall remain with Creator, including all corrections, enhancements, or other modifications made thereto. The Font is protected by trademark, service mark, trade dress, copyright, or other intellectual property rights laws and by international treaties held by Creator. All rights not expressly granted to You under this License are reserved by Creator.
D. No Assignment; No Transfer. You agree not to transfer or assign Your License for the Font to any Third Party without the prior written consent of Creator. If such consent is given and you transfer or assign Your License, then you must at the same time either transfer any copies of the Font to the same Third Party, or destroy or return to Creator any such materials not transferred.
VIII. No Modification; No Reverse Engineering
You agree not to modify, translate, reverse engineer, decompile, disassemble, or create derivative works of the Font or assist someone in performing such prohibited acts.
This License is effective in perpetuity, except that if you breach any of its terms, Creator reserves the right to charge You the cost of a License covering Your actual usage of the Font, on a per-infringement basis and without discounts, and/or terminate the License.
Creator makes no warranties, express or implied, as to merchantability, fitness for a particular purpose, or otherwise of the Font. If you encounter an issue or problem with the Font, Creator will make a good faith effort to provide a fix or replacement within 30 days of being notified. If the issue cannot be reasonably remedied, Creator may at their discretion, offer to refund You the cost of Your License, at which point this EULA will immediately terminate.
XI. Limitation of Remedies
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL CREATOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE FONT (WHETHER OR NOT DUE TO ANY DEFECTS THEREIN). IN NO EVENT WILL CREATOR BE LIABLE FOR ANY DAMAGES EVEN IF CREATOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE, OR FOR ANY CLAIM BY ANY OTHER PARTY. UNDER NO CIRCUMSTANCES SHALL CREATOR’S LIABILITY EXCEED THE COST OF THE LICENSE YOU PURCHASED.
You agree to defend, indemnify, and hold harmless Creator, from and against all liabilities, costs, damages, and expenses (including settlement costs and reasonable attorneys’ fees) arising from any claims from anybody that result from or relate to Your use, reproduction, or distribution of the Font, or Your breach of any representation, warranty, or obligation under this EULA.
If you publicly use the Font, you agree that Creator may use your company’s name, logo, and other trademarks, and images and videos of your use of the Font, for Creator’s marketing and portfolio only. Creator may post about your usage to social media, the web, in books, lectures, case studies, portfolios, and may allow any Third Party to do the same.
XIV. Import/Export Restrictions
You are responsible for compliance with all applicable laws, regulations, rules, and legal requirements. You agree not to import or export the Font, or any Application or products utilizing the Font in violation of any applicable laws or regulations of the United States or the country to which you have imported or exported. You agree to indemnify Creator from liability if you violate any such laws or regulations.
XV. Governing Law
The laws of the State of Hawaii shall govern the construction of this EULA and You agree to be subject to personal jurisdiction in the State of Hawaii for the purposes of enforcing the provisions of this EULA.
The failure or delay by Creator to require performance of any provision of this EULA does not constitute a waiver. All waivers by Creator must be provided in writing and signed by Creator in each instance, and a waiver in one instance does not constitute a waiver in any subsequent instance.
Thanks for reading! If you have questions about this EULA or the Fonts, or if you require custom licensing, please contact firstname.lastname@example.org. We hope you enjoy our Fonts! 🤙