End User License Agreement v. 3.0
Definitions
Font
All data, including glyph outlines, metrical data, kerning, hinting and opentype information included in a font software.
License Owner
The business entity that commissions the design work and buys the font, also reffered to as “the Client”.
Company Size
The total number of people working for the license owner.
Designer
The individual or entity that produces the design work for the license owner.
Subcontractor
Third parties who need to use the font on behalf of license owner, like other designers, developers, producers, printers, agencies, etc.
User
One or several individual( s ) having access to the font or using it. In this contract, “user” can refer to the Designer, License Owner the Subcontractors interchangeably.
Agreement
This contract ( End User License Agreement ) governs every use of ToSupply fonts. If the User does anything with ToSupply Fonts ( downloading, installing, using, or otherwise handling ) then the User agrees to the terms of this contract. As long has payment of all fees has been received in full and all the Users ( License Owner, Designer and Subcontractors ) have all agreed to abide by the terms of this contract, ToSupply grant the License Owner a perpetual, worldwide, non-exclusive, non-transferable, non-assignable license to use the Fonts for the purposes allowed by this contract. Fonts are delivered once the payment is received in full. ToSupply retain ownership of the Fonts and everything that’s in them. Any rights that are not specifically given by ToSupply in this contract are reserved.
Pricing
The Company Size of the Client ( License Owner ) is the only metric required in order to license Fonts. Since the value brought by Fonts grows with the size of the client, Font licenses are owned and paid for by the Client for whom the fonts are being used — not by the Designers working for them. If a Designer is using ToSupply fonts for multiple Clients, each of those clients needs to have their own license. The license fees are one time fees. The Fonts are non-returnable and non-refundable. Should the Font have any technical defects, you agree to inform ToSupply within 15 days after downloading, and will be provided with replacement Font Software or refund if applicable.
License Types
The type of license is shown on the invoice.
Proportional
A limited license is a license that is limited by the Company Size (and Subcontractor if any). The License Owner is supposed to monitor the growth of his business at least every year. If the business grows ( in terms of employees ) beyond the Company Size, an upgrade license must be purchased in consequence. If the License Owner wants to let third parties other than the Designer use the fonts on their behalf, he neeeds to buy a Subcontractor add-on.
Unlimited
An unlimited license is a license that has no limit on Company Size or Subcontractors and therefore requires no monitoring. It’s best suited for companies who expect to grow quickly. Please send us an e-mail at info@t-o.supply to request a quote.
License Grants
Licenses are all-inclusive in terms of use and therefore cover all types of media. In the contexte of his/her license, the User is allowed to use the Fonts :
✓ To install the fonts on all of your devices and to use them to create printed and digital documents, objects, merchandise, signage, and similar things for one brand.
Logo
✓ To create a logo or wordmark for one brand and to use that it everywhere ( including in print, on social media, in videos, etc. ). If the User wants to do it for another brand, another license needs to be purchased. During the logo design process ( only ), the User is allowed to convert the Font to outlines in order to edit them in a design software.
Socials
✓ To create design assets for one brand to use on social media channels ( like Instagram, Snapchat, Facebook, and TikTok ). If the User wants to do it for another brand, another license needs to be purchased.
Web
✓ To embed the Fonts in WOFF and WOFF2 format on one web domain with the @font-face CSS method. There is no limit on the amount of web traffic. If the User wants to do it for another domain, another license needs to be purchased
App
✓ To embed the fonts into one app, which can be a game, desktop app, mobile app, web app, digital point of sale system, etc. Variants and versions for different platforms ( like iOS and Android ) are included. If the User wants to do it for another app, another license needs to be purchased.
Video
✓ To produce content that contains animated or moving images.
License Restrictions
The User is not allowed :
✕ To use the Fonts in a political context without getting ToSupply’s written permission.
✕ To convert the Fonts to different formats.
✕ To convert the Fonts to outlines in order to edit them, except for logo design purposes ( only )
✕ To modify, reverse engineer, decompile or disassemble the Fonts.
✕ To make new fonts based on the design that’s in the Fonts.
✕ To personalize the Fonts names.
✕ To embed the Fonts in a way that end users can access them.
✕ To share the Fonts with third parties for any project non-commissioned by the license owner.
✕ To give the Fonts to anyone without a copy of this agreement.
✕ To use the Fonts or the designs embodied in the Fonts to train artificial intelligence.
✕ To put the Fonts on public servers or public repositories.
Trial
A trial license is free. It is intended for test purposes only. The Font files include a limited character set in all available file formats and can be used to pitch design directions to a client.
Discounts
Students can benefit from an educational discount and use the Fonts for personal projects ( even commercial ones ). Upon completion of their studies, students are required to purchase a license if the personnal project is still going and generating income. If the ongoing project is not commercial, they can keep using the Fonts as is. If the student wants to use the Font for a client project, then the client needs to purchase its own license. A a teacher can also buy Fonts with an educational discount if he/she intend to use them for your non-commercial teaching materials and class projects.
Showcase
ToSupply is thrilled to see its Fonts in use, reason why the right is reserved to share the produced designs across various medias : ToSupply might post it on social media, on the website ( showcase ), put it in publications, videos, lectures, etc., and to let third parties ( like printed press or online medias ) to do the same.
Intellectual Property
Fonts created by ToSupply, their design, structure, organization, encoding, and all their copies, are owned by intellectual property of ToSupply and protected under Swiss law, by the copyright and trademark laws of other countries, and by international treaties.
Warranty
ToSupply guarantees its Fonts to be free of defect for 15 days upon purchase. Claims must include receipt and documentation of the defect. Refunds are granted only when software defects cannot be resolved by ToSupply. Any refund immediately terminates the License Owner’s right to use the Fonts. In no event is ToSupply liable for any loss or damages caused by the use of their Fonts, including lost profits, lost data, lost business opportunities, or lost savings. Fonts are not warranted to operate on all operating systems. Characters sets embed in the Fonts may greatly vary from Font to Font. Fonts are delivered as displayed on the website. The User is required to take knowledge of the available glyphs and consequently supported langages. A quote for an update of either the family ( new cut ) or the character set ( new glyphs ) can always be requested at info@t-o.supply.
Termination
If the the User breaches the terms of this agreement, ToSupply has the right to terminate the agreement. In such a case, the licence and right of use is terminated with immediate effect and no further use of the Font is allowed. ToSupply reserves the right to pursue legal action and seek financial compensation for damages.
Miscellaneous
This Agreement is subject to Swiss law, excluding its conflict of law regulations of international private law, and excluding international conventions such as the United Nations Conventions on Contracts for the International Sale of Goods ( Vienna ) and other international conventions. The exclusive Place of Jurisdiction is Lausanne, Switzerland.