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End User License Agreement (EULA)

FONTYOU License Agreement for Exquise FY Black

FONTYOU logo
End User License Agreement « DESKTOP FONT »

The present agreement is concluded between the company FONTYOU (hereafter called « FONTYOU »), on the one hand, and any natural person or legal entity wishing to benefit from a licence on a product offered on the website www.fontyou.com (hereafter called the “End User”), on the other hand.

Hereafter together called « the Parties ».

By buying, downloading, using or installing a product offered on the website www.fontyou.com, the End User agrees to be fully bound by the all the terms of the present agreement and recognizes that he has read and understood it prior to placing its order.

1. Definition

The « Desktop Fonts » are fonts offered on the website www.fontyou.com and embodied in software.

1. Intellectual Property Rights

The Desktop Fonts are protected by copyright and intellectual property laws and international treaties.

The Desktop Fonts remain the exclusive property of FONTYOU.

The End User undertakes not to suppress the « Font Info » files attached to the Desktop Fonts crediting FONTYOU of the copyright on the Desktop Fonts.

1. Subject and content of the license

3.1 Subject of the license

FONTYOU hereby grants to the End User, who accepts, a license to use the Desktop Fonts :

- non-exclusive, - for the entire world ; - for the legal duration of the copyrights ;

in the conditions defined hereafter.

3.2 Content of the license

The present license exclusively allows for the following uses :

- Installing and using the Desktop Fonts on the number of workstations mentioned on the corresponding invoice and which must all belong to the End User. - Installing the Desktop Fonts on a file server for use on a local area network (LAN), provided that the total number of workstations using of the Desktop Fonts via this server is expressly limited to the number of workstation authorized by the present agreement.

- Transferring a copy of the Desktop Fonts to an external service provider (such as a printer bureau) in order to allow him to create and modify an electronic document in which the Desktop Fonts are used. However, the service provider must destroy the copy of the Desktop Font once he has completed his work.

- Importing the Desktop Fonts as graphical objects into a drawing program and modify them, for example in order to create a logotype. - Making one back-up copy of the software contained in the Desktop Fonts. The End User undertakes to retain exclusive custody and control over said copy and, upon termination of the present license, to destroy said copy.

If the End User is a graphic design studio or an advertisement agency and proposes the Desktop Font for use to a final client, the latter shall also acquire a personal license adapted to its specific use.

Thus, the present license notably forbids the following uses :

- Embedding the Desktop Fonts in applications, software and hardware such as: video game consoles, interactive terminals, video games, navigation systems, mobile apps, e-books, phones, TVs, cameras. - Using the Desktop Fonts so as to integrate them, partially or totally, in a new font or in products aimed at editing alphabet letters, such as stencils, cut on-demand adhesive, rubber stamps, etc. - Proceeding to the modification, correction, decompilation, disassembly, recompilation, reverse engineering, except for the public policy rights granted to the user of software. - Assigning the present license and selling, lending, giving or distributing the Desktop Fonts

1. Warranty

Pursuant to legal provisions, FONTYOU warrants the End User against all latent defects affecting the Desktop Fonts and rendering them unfit for their intended use.

In order to obtain the enforcement of the warranty, the End User shall inform FONTYOU, by registered letter with recorded delivery, of the latent defects existing at the time of delivery and revealed subsequently within fifteen (15) days of the discovery of the defect. Otherwise, the End User’s rights will be deemed forfeited.

The End User shall bear the burden of proving the date on which the defect was discovered.

In the event of a latent defect, the only obligation of FONTYOU shall be the free replacement or repair of the Desktop Font which has been recognized defective by its services.

1. Delivery

The Desktop Fonts will be available for download from the Website upon receipt of the payment of the price.

1. Personal data protection

Personal data are automatically gathered in order to treat and deliver orders. The addressee of the data is : FONTYOU – 3, rue de la Rochefoucauld – 75009 Paris – FRANCE.

Pursuant to the French « Computer and freedom » law of January 6, 1978 modified in 2004, the End User has a right to access and rectify the data which concern him and which may be exercised by contacting : FONTYOU – 3, rue de la Rochefoucauld – 75009 Paris – FRANCE.

The End User can also object, for legitimate reasons, to the treatment of data concerning him.

1. Termination

Each Party retain the possibility to terminate the present agreement if the other Party fails to perform one or several of the obligations incumbent on it by virtue of this agreement in conditions rendering impossible the performance of the agreement on the agreed basis.

The termination of the present agreement could however only intervene fifteen (15) days after the sending by the injured Party of a formal notice to the other Party by registered letter with recorded delivery, indicating the nature of the failing and the absence of remedy to the failing in question.

1. Choice of jurisdiction and governing law

All disputes arising between the Parties concerning the existence, the validity, the interpretation and/or the performance of the present agreement that could not be amicably solved shall be exclusively the deferred to the Tribunal of Grande Instance of Paris.

This agreement is exclusively governed by French law.