End User License Agreement

Date: 04.11.2021
Version: 1.0

This is an agreement between the Licensee and Frank The Tank Foundry (acronym; FTT Foundry) based at Huijgenspark 36, 2515BA The Netherlands, regulating the Licensee’s use of the Font Software ordered at FTT Foundry. This End User License Agreement (EULA) becomes binding by downloading and/or installing the Font Software provided by FTT Foundry.

Basic terms

“License” is the permission to use Font Software on a specified type of media. “Licensee” is one or several individuals using the Font Software as well as company, business entity, institution, organization, within which one or multiple users have access to the Font Software. “Font Software” is software that includes typeface and/or typographic designs and patterns/ ornaments. The Font Software and design of the fonts (unless noted otherwise) embodied therein are protected under Dutch and other country’s copyright law as well as international treaties.

Ownership

The Font Software is the exclusive property of FFT Foundry. FFT Foundry owns all rights, title, and interest in and to the Font Software, its structure, organization, code and vector outlines of the fonts embodied therein. Unless noted otherwise in a separately made agreement, copying of the Font Software is not permitted.The Licensee declares not to modify, adapt or translate, reverse engineer, decompile, disassemble, alter or otherwise copy the Font Software. Licensee is not allowed to create a usable, derivative, or substitute version of the font. Any copy that the Licensee is permitted to produce based on this agreement, must contain (and remain unchanged) the same copyright, trademark, and other proprietary notices that appear on or in the Font Software. The Licensee declares not to store or use the fonts in a way that makes them accessible to the public or non-licensed third parties. This includes, but is not limited to, the distribution of the fonts through file-sharing services and online version control repositories accessible by the public.

Usage

FFT Foundry hereby grants the Licensee a non-exclusive and non-transferable, non-sublicensable right and under terms and conditions of this EULA. The Font Software is licensed, not sold. The License authorizes the Licensee to install or self-host and use the Font Software on one or several computers (Workstation) or Server for one or several specific uses as defined below (Desktop License, Web License, etc.). A License is valid for one single company, business entity, institution only and restricted to one single business location stipulated by the Licensee. A Designer can not purchase a License on behalf of one Client and use it for another. Different entities commissioning a Designer must have their own, separate Licenses according to the specific use cases of their brands. If the business entity employs any third parties or self-employed or temporarily-employed freelancers, a separate license is necessary for those parties. If the number of Workstations changes due to the company growth, the Licensee is responsible to contact FFT Foundry and upgrade the License. If the licensed company closes down or merges with other business entities, the License and the Font Software cannot be transferred. If the Licensee purchases an “Unlimited License,” the Licensee won’t have to ever upgrade the License.

Desktop License

Desktop License grants an installation of the Font Software on one or more Workstation(s). Desktop fonts are distributed in .otf format and are optimized to create non-dynamic documents using text set in the fonts for viewing and printing. Examples include but are not limited to books and other printed publications, posters, logotypes and wordmarks, visual identities, point of sale, street signs, billboards, packaging, merchandising articles, corporate print and digital documents (non-editable), corporate clothing, furniture, vehicles, retail labeling, tickets and other types of graphic art using fonts whether rasterized or vector, displayed on the surface or statically on the computer and other device displays. The Licensee has to thoroughly count all the workstations where the fonts have to be installed and faithfully provide this information to FFT Foundry either at the checkout or by request. It is neither allowed to use Desktop fonts on the web nor generate Webfonts from Desktop Fonts. The Licensee can make security copies of the Font as long as they remain inaccessible to external parties.

Web License

Web License grants the use of the webfonts, optimized for dynamic rendering on the web. Examples include but are not limited to websites, online platforms, online advertising (i.e. HTML5 ads), email newsletters, etc. Webfonts are distributed in .woff and .woff2 formats. Web Licence is bound to a specific domain (URL) and must be specified at the checkout. The license is granted with no dependence on page views. A web license includes an additional domain for development purposes. The Licensee is allowed to selfhost the provided webfonts on all registered domains and their sub-domains, and include them via the @fontface feature. The CSS-file which refers to the webfonts must quote FFT Foundry original font names.

App/ Software/ ePub License

Desktop License grants use of the Font Software in native/ web/ hybrid apps, other software, content management systems, eBooks, eMagazines or any digital periodicals, brochures, catalogs, etc., to be read online or offline, on computers, smartphones, ereaders, tablets, entertainment systems, game consoles, instruments, or any other electronic device. The License has to be requested by email. This License is bound to a specific app/ publication/ software and must be specified in the request including a detailed purpose and audience/ user description.

Social Media and Streaming Video

This License grants use of the Font Software within static, animated images and streaming video (static or animated typography) published on social media channels and website domains. It grants the use of Font Software as parts of design assets created for social media channels such as Instagram, Snapchat, Facebook, and YouTube and has to be requested by email.

Broadcasting License

This License grants use of the Font Software in visual- or audiovisual productions in: –television (such as advertising campaigns, channel branding, etc) –in cinema (movies, trailers, cinema ads, etc.) –online media (for instance streaming services Netflix, Amazon, HBO, SKY) excluding social media (see Social Media and Streaming Video License), and in video productions stored on static media (DVD, BlueRay, etc). A broadcasting/streaming license and the Font(s) cannot be transferred. This License is bound to a specific use case and must be specified in the email request including a detailed description of a broadcasted content as well as ‘number of campaigns’, ‘number of titles’, ‘geographic territory of the broadcasted content’, ‘content duration’, ‘campaign duration’, ‘content viewers/ targeted audience volume’ description. In the case of subsequent altering of before mentioned parameters, the license has to be updated.

Trial License

FFT Foundry grants individual users or companies a Trial License for the sole purpose of evaluating the Font Software in the context of their work. A Trial License entitles users to test the Font Software for both Desktop and Web/other use, and to create test documents, test visuals, or test web pages to examine the Font Software’s aesthetic properties, or for its presentation to clients or other interested parties. Any further internal, external, or public use is strictly prohibited, especially the creation and dissemination of visuals of any kind, as is any use for purposes other than testing, evaluation, and presentation of the Font Software or its application in prospective use. Test font files are protected by the same EULA as their commercial Font Software counterpart, and may not be redistributed nor made available to anyone by Licensee. Use of the Font Software or the data contained within the test font files also excludes modifying, reassembling, renaming, storing on publicly available servers, redistributing, and selling.

Use in Political Campaigns

The Font Software shall not be used to create and publish any form of a political campaign, nor any other public use by political parties, political organizations, think tanks, lobbying institutions, action committees, etc. (including branding and/or corporate design purposes for any such organization or entity) without a prior request and written agreement by FFT Foundry. FFT Foundry is entitled to refuse any such agreement at its sole discretion and deny any such licensing request with no obligation to explain the refusal. The absence of any reply from FFT Foundry is equivalent to a refusal of the request. Non-compliance is treated as a serious breach of contract, regardless of it being done against better knowledge, by neglect, or with intent. FFT Foundry has the right to terminate the license and right of use, with immediate effect. FFT Foundry reserves the right to take legal action against any infringer. Legal action may include action for damages, action for an injunction, and criminal proceedings.

Unlimited License

“Unlimited License” bundles all the before-mentioned Licenses into one package for a one-time fee. The Unlimited License has to be requested by email.

Embedding

Embedding of the font into digital documents (for example PDF files) is permitted only in a secured read-only mode (documents can be viewed and printed but not edited). The Licensee ensures that recipients of the documents cannot extract the font. The Licensee may deliver a temporary copy of the font to a printer or pre-press service for final output if the Licensee ensures that the font is deleted after the job completion. In case of any further text modifications, the printer is required to acquire its License. This license expressly prohibits the embedding, inclusion, calling, or linking of the font within hardware and software in any form.

Liability

Use of FFT Foundry Font Software without valid and/or adequate licensing is illegal. In case of use of the Font Software or of the Licensed Fonts without a valid or adequate License, the infringer shall pay to FFT Foundry a retroactive license for the illegitimate use. The price of the retroactive license shall be calculated based on the applicable license purchase price, plus an additional surcharge of at least 200%. FFT Foundry reserves the right to take legal action against any infringer. Legal action may include action for damages, action for an injunction, and criminal proceedings. Depending on the nature of an offense/ violation, and the degree of cooperation in solving the situation with FFT Foundry, further charges may be added for time spent by FFT Foundry handling the violation, legal expenses, and to recover damages. Without prejudice of the foregoing, FFT Foundry reserves its right to claim for any damages, loss, and costs (including attorney’s fees and expenses) that FFT Foundry may incur or suffer concerning any breach of this Agreement and to exercise any other rights and remedies, in the particular appropriation of profits. Without limiting the foregoing under no circumstances shall FFT Foundry be liable to you or any other party, whether in contract or tort (including negligence) or otherwise, for any indirect losses, special, consequential, or incidental damages, including lost profits, lost savings, loss of data, or business interruption as a result of the use of or the inability to use the Fonts even if notified in advance of such possibility. Neither is FFT Foundry liable for any claim against the Licensee by any third party seeking such damages.

Warranty

Software is never completely error-free. The Font Software may therefore contain minor errors which could affect functionality and operation (minor defects). The Font Software may not be returned or exchanged unless defective. Should the Font Software be defective, the Licensee agrees to report the defect to FFT Foundry within 30 days after purchase. Claims must include receipt and documentation of the defect. FFT Foundry either provides a Licensee with a working replacement or refunds the fee that the Licensee prepaid for the Software. A full refund is only possible when Font Software defects cannot be resolved by FFT Foundry. Any refund immediately terminates the Licensee’s right to use the Font(s). FFT Foundry does not and cannot warrant any performance or results the Licensee may obtain by using the Font Software. FFT Foundry cannot be held responsible for any damages caused or borne by the end-user and/or third parties resulting from a misuse of the font. FFT Foundry expressly disclaims all warranties, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. FFT Foundry does not warrant that the operation of the font will be unimpeded, uninterrupted, or error-free, or that the font is without defects or operates on all computer operating systems.

Termination

Any breach by Licensee of this agreement shall constitute a termination of this License. FFT Foundry reserves the right to immediately terminate the EULA while reserving the explicit right to assert any further claims, such as damage compensation. ‘Serious Breach’ means violations that are of a certain intensity or violations that are not quickly and easily capable of remedy, e.g. in case of abuse of intellectual property or systematic overuse beyond agreements, against better knowledge, by neglect, or with intent. In case of a ‘Minor Breach’ being capable of remedy, the Licensee will be advised by FFT Foundry in writing form (e.g. email) detailing the specificity of the breach. ‘Minor breach’ means breaches of low intensity which are the result of innocent mistakes and capable of remedy, e.g. minor uses of the Font Software beyond the boundaries of the license parameters set out in the EULA. The parties will (a) revise this agreement to include such use and adjust the usage fee to provide FFT Foundry a return commensurate with that provided by this agreement, or (b) the Licensee will cease use within 10 (ten) days and pay FFT Foundry a reasonable fee for the period of the usage. If the minor breach has not been rectified to the complete satisfaction of FTT Foundry within 10 (ten) days of receipt of such notification, FFT Foundry has the right to terminate the agreement, the license, and the right of use with immediate effect. If the EULA is terminated, the Licensee is obligated to delete the Font Software from all media and to provide written assurance that said deletion has occurred.

Final Provisions

This agreement (EULA) constitutes the entire agreement between the parties. No further oral agreements have been made on this subject matter. Supplements, modifications, or sub-agreements to these provisions must be made in writing. This also applies to the cancellation of this written form requirement. FFT Foundry reserves the right to modify at any time the terms and conditions of this EULA. Such changes in the EULA are made public through their publication on the website www.frankthetank.info. The invalidity or inoperativeness of one or more provisions of this contract does not affect the validity of the rest of the contract and the remaining other provisions shall thereby remain unaffected. An invalid provision shall be replaced by a provision that is permitted by law and which approaches the invalid provision and economic interests intended by the parties. The rights and obligations of the parties arising from the EULA are based on Dutch law, even if the exertion or breach of contractual rights takes place in a foreign country. Any dispute will take place before the County Court of The Hague, The Netherlands. The Licensee consents to the jurisdiction of the German Courts over any dispute arising out of this EULA, even if the breach of the agreement takes place in a foreign country. By purchasing, downloading, and installing the font, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this license agreement. All rights not expressly granted herein are reserved to FFT Foundry.

All inquiries may be sent via e-mail to fhemmekam@gmail.com
The Frank The Tank Foundry website is located at www.frankthetank.info