End User License Agreement (E.U.L.A.)

Introduction

This is an agreement between you and Atypical. If you license to use one or more fonts from Atypical, you agree to agree with the terms of this agreement.

Desktop license

You can use the licensed fonts to design and print anything you want as long as:

  1. you install the fonts only on the number of computing devices described on your license,
  2. you don't distribute the fonts to others,
  3. you don't modify and/or change their format (that is, create a web font or other font format),
  4. you don't create alphabet products

Web license

You can use the licensed web fonts on any website that you own and/or operate as long as:

  1. you take reasonable measures preventing unlicensed third-party access and use of the web-fonts (e.g. preventing hot-linking) - ask us if you don't know how to do that,
  2. you don't distribute the fonts to others,
  3. you don't modify and/or change their format.

Screen license

You can use the licensed screen fonts on any app, e-publication and/or broadcasting production as long as:

  1. you take reasonable measures preventing unlicensed third-party access and use of the screen fonts,
  2. you don't distribute the fonts to others,
  3. you don't modify and/or change their format.

General terms

You agree that Atypical holds all the rights to the fonts and thus you shall not sell or sublicense the fonts to anyone.

You have 90 days upon purchase of the fonts to make any claim regarding any malfunctions of the fonts. Atypical is bound to correct any errors and/or replace any broken fonts. Apart from this warranty, the fonts are provided AS IS. Note also that you are entitled to any future updates of the fonts you purchased (for free). You can always re-download them from your online account @ atypical.gr

If you violate any term of this agreement we'll have to talk about it. And probably take the license to use the fonts away from you. You understand... This agreement was prepared according to Greek Law and any dispute (God forbid) will have to be sorted out in Greek courts (but I sure we won't have to get to this).

If you have any question regarding your license, you can just ask us at info@atypical.gr or you can read the long + technical version of this agreement.

I. Introduction

This End User Licence Agreement (from now on referred to as Agreement) is a legal document which sets out Your rights and obligations, and those of Atypical, a type foundry established and operating according to the laws of Greece; by purchasing a licence or licences to use the Atypical Font Software (Fonts and/or Web Fonts and/or Screen Fonts), and/or by installing or using any Atypical Product, You accept that You are entering into a contract with Atypical and the terms of this Agreement will apply.

When You purchase a Desktop and/or a Web and/or a Screen Licence, You are purchasing the right to use the Font/Web Font/Screen Font under a particular set of conditions. It is important to read and understand this Agreement before agreeing to license, download and use any of our Fonts, because it defines Your rights, the acceptable uses of our Fonts, and the rights Atypical reserves. We recommend You keep a copy for subsequent reference. If You believe your usage or need is not addressed, or if You are unsure of the meaning of any term or condition, please ask us before making a purchase.

Subject to the terms and conditions hereof and upon payment of the license fee, Atypical agrees to grant You a licence or licences to use the Fonts. This licence is not exclusive to You, may not be transferred by You, and can be revoked by Atypical. This is not an agreement for sale of the font software or any portion or copy of it. You agree that Atypical owns all rights, including (without limitation) intellectual property rights, as set forth and provided under Term 6 of this Agreement below, and title in and to the Fonts and all trademarks, registered and unregistered which are used in or in relation to the Fonts.

II. Definitions

1a. “Atypical” is the Atypical type foundry, the trading brand of the sole proprietorship operated by backpacker.gr

1b. “You”, “Your” and the “End User” or “Client” are defined as and refer to a customer who has purchased a licence to use the Font Software. An End User is not defined as a distributor, reseller, dealer, sub-licensee, original equipment manufacturer (“OEM”), or other wholesale buyer, etc. Atypical Fonts and products may not be distributed and/or sold to third parties without prior written consent from Atypical.

2. “Font”, “Fonts” or “Font Software” have identical meanings in this Agreement. They refer to the computer program which contains digitally encoded scaleable outline font data and includes any related code, metrics data and documentation licensed to you by Atypical and 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.

3. A “Web Font” refers to the font software that has been created, optimised, translated or otherwise specially modified for use on the Internet for styling or viewing text on a website.

3a. The “domain” is the host name of a website’s home page. The domain may be comprised of one unique second-level domain name (as in “example” of http://www.example.com), multiple top-level domains (as in .com, .org, .fr, etc.), and multiple sub-domains (as in “shop” of shop.example.com, or “blog” of blog.example.com, etc.). Under this licence you must own the domain or be authorized to control the content of the licensed website(s).

3b. A “website” is defined as a collection of related web pages organised under a single domain. The website may be viewed with a web browser and/or via a web-based mobile app provided that the Web Fonts are not included or embedded as explained in section III/B/R4. A web-based mobile app is restricted to operating on a hand-held device running an operating system such as Android, iOS, Windows Phone or other.

4. A “Screen Font” is a font software that has been created, optimised, translated or otherwise specially modified for embedding within a native mobile App, an electronic publication and/or a broadcasting production for styling, viewing or editing text.

4a. The “Application”, “App” is your mobile application software designed to run and function on Android, iOS, Windows Phone or other such mobile device operating system. A single Screen Licence covers Apps that are functionally equivalent across multiple mobile operating systems.

III. Permitted Uses And RESTRICTIONS

A. Desktop License

— Permitted Uses

P1. The Fonts may be installed and used on the number of computing devices identified on your invoice. For example, the purchase of a 1-10 CPU Licence allows for the installation and use of the Font on up to ten (10) computing devices.

P2. You may install the Fonts on a single file server for use on a local area network (“LAN”) within your business or household. The number of computing devices that can access the fonts on the server must not exceed the number of computing devices identified on your license.

P3. You may make one or more copies of the Fonts for back-up purposes only. Copies must contain the same documentation, copyright, trademark, and other proprietary notices that appear on, in or with the Fonts. You must keep this back-up copy secure and must not allow any third party to have access to it. You will indemnify Atypical for all costs, damages or losses incurred as a result of your failure to comply with this clause. P4. The embedding of Fonts into digital documents, like PDFs, is permitted so long as (i) the Font Software is subset, (ii) the document text can be viewed and printed but not edited, and (iii) reasonable measures are taken to ensure that recipients of such documents cannot extract or use the embedded Fonts. Rasterised copies of images showing the Font are permitted provided the images do not result in all or substantially all of the characters comprising the Font. If the resulting images show most or all of the Font characters, a rasterised showing of the Font is not permitted.

P5. Authorised uses of the Fonts includes the production of paper publications like newspapers, books and magazines, print and broadcast advertising, vinyl or printed signage, logos and logotypes, newsletters, annual reports, and other printed material.

— Restrictions

R1. Fonts may not be stored or used in any manner that makes them accessible to the public or non-licensed third parties. For the purposes of clarity, this licence is for individual users, or organisations purchasing for employees only. Under no circumstances may the licensed Fonts be shared with contractors, freelance employees, or affiliates. You may add more computing devices by purchasing additional licences. You recognise that You may not supply the Font Software in a format enabling extraction. Open files to printers are not permitted; if no other option is available, You may use only outlines. You agree to use reasonable measures to protect the Fonts from access and use by unlicensed third-parties.

R2. Web Fonts, @font-face and Font Linking: Creation of a Web Font, using Atypical Fonts with the CSS rule @font-face or other forms of font linking, regardless of format, are strictly prohibited under this Licence. A Web Font licence (under Section III/B of the present Agreement) and accompanying software are each available from Atypical for this purpose.

R3. Apps, Games, Hardware and Software: This licence expressly prohibits the embedding, inclusion, calling or linking of the Fonts within hardware and software in any form whatsoever. This includes, but is not limited to, video games, server-side applications, online document creation, mobile apps, kiosks, and OEM products or software. If you wish to use the Fonts for such purposes, a separate Screen licence is available from Atypical for this purpose (under Section III/C of the present Agreement) and should be purchased for such uses.

R4. Modifications: You may create outline artworks based upon the Fonts for your personal or business use. However, the use of any font creation or font manipulation program or any attempt to modify the Font for the purposes of creating a usable, derivative or substitute version of the Font is prohibited. “Derivative” is referred to any Font software which is derived or based upon the hereto licensed Font software binary data (or any portion of it); creation of derivative works of the Font software without Atypical’s prior, express written consent is prohibited. Under no circumstances may you modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or otherwise attempt to discover the source code of the Fonts or the designs embodied therein. You further agree not to commission or authorise any third party to undertake modifications to the Fonts without prior written consent from Atypical. Consent may or may not be granted at our sole discretion.

R5. Restriction of Alphabet Products: This licence expressly prohibits the use of the Fonts in the creation of alphabet products such as, but not limited to: house numbers, stamp sets, rub-on letters, adhesive alphabet letters, alphabet punch and die sets or other methods for use in making such products. Any such use requires the purchase of a special licence.

B. Web License

— Permitted uses

P1. The Web Fonts may be used for styling text on your website via the CSS @font-face rule. Only the WOFF (“.woff”, Web Open Font Format) and EOT (“.eot”, Embedded OpenType) Web Font files provided by Atypical may be used.

P2. The Web Fonts may be used on any number of domains and/or websites that You own and/or operate.

P3. You may make one or more copies of the Web Fonts for back-up purposes only. Copies must contain the same documentation, copyright, trademark, and other proprietary notices that appear on, in or with the Web Fonts. You must keep this back-up copy secure and must not allow any third-party to have access to it. You will indemnify Atypical for all costs, damages or losses incurred as a result of your failure to comply with this clause.

— Restrictions

R1. The Web Font creation or use of alternate formats – such as TTF (“.ttf”), SVG (“.svg”), or OTF (“.otf”) – is expressly prohibited. Any document creation, download or printing is strictly prohibited. Viewing and printing pages of the website using the Web Fonts is allowed. However, providing the ability for a remote user to edit text using the Web Fonts is not allowed if the result is a new document, such as a personalised invitation, greeting card, customised portfolio or customised product. These are merely examples. The Web Fonts are licensed for your use only. You may not use the Web Fonts as a tool or resource for third parties to create customised products or documents. Further, the Web Fonts may not be served to unlicensed domains, even if they are hosted on a licensed domain.

R2. File Protection: You agree to use reasonable measures to ensure the Web Fonts are available only for the process of styling text on Your website(s). At a minimum, and by way of illustration not limitation, reasonable measures include (i) preventing unlicensed third-party access and use, i.e. hot-linking, etc and (ii) not allowing direct download of the Web Fonts.

R3. The hosting, serving or redistribution of the Web Fonts by any third party service is strictly prohibited.

R4. No Modifications, No Embedding: You are not permitted to modify, adapt, translate, reformat, reverse engineer, decompile, disassemble, alter or attempt to discover the computer code of the Web Fonts or the designs embodied therein. The embedding or inclusion of Atypical Web Fonts, or the designs forming the Web Fonts, in software, hardware, digital documents, apps, applications, devices or in any other form is prohibited. A separate licence and accompanying software (under Sections III/A, III/C of the present Agreement) are each available from Atypical for this purpose.

R5. Web Usage Only: The use of Atypical Web Fonts on a desktop, laptop, workstation computer, or for any uses not expressly permitted herein is prohibited. If you wish to use the Web Fonts in a manner not permitted by this licence, you must secure a separate licence (under Sections III/A, III/C of the present Agreement) and/or a licence extension by contacting Atypical directly.

C. Screen License

— Permitted uses

P1. The purchase of a Screen Licence allows you to use the Screen Fonts ONLY:

  • as part of Your Application. Screen Fonts may be embedded on any number of Your Applications. Only the TTF (“.ttf”) Screen Font files provided by Atypical may be used.
  • as part of an electronic publication such as eBook, eMagazine, eNewspaper or interactive PDF.
  • as part of broadcasting video or film. Broadcast and film usage refers to the use of the font software in titling, credits or other dynamic text for any onscreen broadcast via television, video or motion picture.

P2. You may make one or more copies of the Screen Fonts for back-up purposes only. Copies must contain the same documentation, copyright, trademark, and other proprietary notices that appear on, in or with the Screen Fonts. You must keep this back-up copy secure and must not allow any third-party to have access to it. You will indemnify Atypical for all costs, damages or losses incurred as a result of your failure to comply with this clause.

— Restrictions

R1. The use of alternate formats or the reformatting of the TTF (“.ttf”) file provided by Atypical is expressly prohibited. Any document creation, download or printing is strictly prohibited. You may use the Screen Fonts for styling, viewing or editing text in an App, e-publication or broadcasting production. However, providing the ability for a user to edit text using the Screen Fonts is not allowed if the result is a new document, such as a personalised invitation, greeting card, customised portfolio or customised product. These are merely examples. The Screen Fonts are licensed for your use only. You may not use the Screen Fonts as a tool or resource for third parties to create customised products or documents.

R2. File Protection: You agree to use reasonable measures to protect the Screen Fonts from access and use by unlicensed third-parties.

R3. No Modifications, No Embedding: You are not permitted to modify, adapt, translate, reformat, reverse engineer, decompile, disassemble, alter or attempt to discover the computer code of the Screen Fonts or the designs embodied therein. The embedding or inclusion of Atypical Screen Fonts, or the designs forming the Screen Fonts, in non-mobile software, hardware, digital documents, applications, devices or in any other form is prohibited. A separate licence (under Sections III/A, III/B of the present Agreement) and accompanying software are each available from Atypical for this purpose.

R4. Screen Usage Only: The use of Atypical Screen Fonts on a desktop, laptop, workstation computer, website or for any uses not expressly permitted herein is prohibited. If you wish to use the Screen Fonts in a manner not permitted by this licence, you must secure a separate licence (under Sections III/A, III/B of the present Agreement) and/or a licence extension by contacting Atypical directly.

IV. TERMS – GENERALITIES APPLICABLE TO ALL LICENCES

A. Intellectual Property – Rights Reserved

1. You agree that Atypical owns all rights to the font software and its structure, selection, organisation and code, including (without limitation) intellectual property rights – copyrights, patents, design and title in and to the Fonts and all trademarks, registered and unregistered which are used in or in relation to the Fonts. In addition, you agree that the code and structure of the font software constitute and contain valuable trade secrets owned by Atypical.

2. Atypical retains full title and ownership of the Fonts (from now on when referring to the term ‘Fonts’ this as well includes Web Fonts and Screen Fonts) both as artwork and software, including all subsequent copies of the artwork or software regardless of the format in which they are expressed or the media on which they are recorded. Any updates, revisions, enhancements or additions to the Fonts supplied by Atypical under this Agreement shall become part of, and subject to, this Agreement. The parties agree that Atypical shall own the copyright in all modifications and derivative works of the Fonts made by either party.

3. You acknowledge that the Font software is, among other means, protected under Greek copyright and/or trademark, industrial design law, by the trademark and/or copyright and design laws of other nations, and by international Copyrights Laws and treaties. All rights not expressly granted under this licence are reserved to Atypical.

4. Assignability-Transfer of Rights: You may not sell, lease, sublicense, or otherwise assign or delegate any rights, duties or obligations under this Agreement in whole or in part, to any person or entity (except as otherwise provided in this Agreement). Any attempted assignment in violation of this Agreement shall be void and without effect.

B. Warranties and Limitations – Updates

1. For a period of ninety (90) days after delivery, Atypical warrants that the Font software will perform as outlined in the user documentation in effect at the time of the commencement of this License. Atypical will undertake reasonable commercial efforts to correct substantial malfunctions occurring during this warranty period provided that such malfunctions are reproducible, Your product is properly registered, and you have given immediate notice in writing and sufficient detail of such malfunctions to Atypical: To make a warranty claim, you must, within the ninety (90) day warranty period, return the Font software to us together with proof of your purchase of the Atypical Products, and adequate proof that the Font software has failed to satisfy the above warranty. ATYPICAL’S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO BREACH OF THE FOREGOING LIMITED WARRANTY WILL BE LIMITED TO ERROR CORRECTION OR PRODUCT REPLACEMENT. Such corrections generally will be incorporated into new revisions of the font software, or until the release of such new revisions into temporary versions, at Atypical’s discretion.

Atypical do not and cannot warrant the performance or results you may obtain by using the Fonts. It is your responsibility to ensure that the Fonts are fit for your purpose.

EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, THE FONT SOFTWARE IS HEREUNDER LICENSED “AS IS”, AND ATYPICAL MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE FONT SOFTWARE. ATYPICAL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. Atypical does not warrant that the operation of the Fonts will be unimpeded, uninterrupted or error-free, or that the Fonts are without defects.

2. UNDER NO CIRCUMSTANCES SHALL ATYPICAL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF THE FONT SOFTWARE, HOWEVER CAUSED, (WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT – INCLUDING NEGLIGENCE – OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE EVEN IF NOTIFIED IN ADVANCE.

UNDER NO CIRCUMSTANCES SHALL ATYPICAL’S LIABILITY EXCEED THE REPLACEMENT COST OF THE FONT SOFTWARE. Under no circumstances shall Atypical’s liability exceed the substitution or replacement cost of the Font software, whichever is less, and at the sole discretion of Atypical.

3. Once you have purchased a Licence, you are entitled to any future updates of the relevant Font software, which You are eligible to download by using Your on-line account at http://atypical.gr

C. Pricing

The price multiplication factors, as formulated according to the license type and/or the selected number of users, are presented in Table 1.

↓ License type / Number of users →1 – 1011 – 5051 – 100101 – ...
Desktop× 1× 1.333× 1.666× 2
Web× 1× 1.333× 1.666× 2
Screen× 1× 1.333× 1.666× 2
Desktop + Web× 1.5× 1.9995× 2.499× 3
Desktop + Screen× 1.5× 1.9995× 2.499× 3
Web + Screen× 1.5× 1.9995× 2.499× 3
Desktop + Web + Screen× 2× 2.666× 3.332× 4

Table 1. Price multiplication factors per license type/number of users

D. Termination

Any breach of the terms of this licence shall be cause for immediate termination without the obligation of notice or opportunity to cure. You agree to immediately discontinue using Fonts, delete the Font files and certify that no copy remains in your possession or control. Atypical shall be entitled to seek any and all remedies under law or equity, without limitation, including injunctive relief without the obligation of posting security or bond.

E. Applicable law and Competent Jurisdiction

1. You agree that the contract between us was formed in Thessaloniki, Greece, the License Agreement is prepared, subject to and interpreted according to Greek law, and any cause of action arising from it will be governed by and construed in accordance with the laws of Greece and within the exclusive jurisdiction of the courts of Greece. You expressly agree that the United Nations Convention on Agreements for International Sales of Goods is hereby excluded.

2. Before any referral to the courts, You undertake to inform Atypical of any dispute, by letter sent by regular mail to George Triantafyllakos, Praxitelous 9, 546 41 Thessaloniki, Greece or an email sent at info@atypical.gr, and to seek an amicable solution. In the event of failure to reach an amicable solution, You agree that any dispute relating, in particular, to the validity, interpretation and execution of the License Agreement shall be subject to the exclusive jurisdiction of the competent Greece courts.

F. Agreements

1. This Agreement embodies the entire understanding between Atypical and You and supersedes all prior arrangements or understandings. If an applicable Court declares any part of it to be invalid or unenforceable, the remaining provisions shall continue in full force and remain valid and enforceable.

2. Atypical reserves the right, at its sole discretion, at any time to change, amend, add or remove portions of the terms of use under which it licences the use of the Fonts to You. Your use of the Font software will be subject to the most recent version of these Terms of Use at the time of such use. Atypical will provide you with such amended terms and You agree that your continued use of the Fonts after receipt of the amended terms shall be deemed to be your acceptance of the amended terms. Non-acceptance of the amended terms terminates this Licence Agreement.

3. We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement.

4. Data Protection: Atypical will treat the personal data you provide to us in accordance with Greek Law 2472/1997 for the Protection of Individuals with regard to the Processing of Personal Data, as amended, and otherwise in accordance with the law. We will not keep your personal data after the termination of this Agreement.

5. This Agreement is written in English and translated into Greek. Only the English version has legal force, particularly in the event of a dispute.

G. Contact

All inquiries of Atypical may be sent by email to info@atypical.gr
The Atypical Type Foundry website is located at atypical.gr


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