END-USER LICENSE AGREEMENT — OEM / FEO
(Original Equipment Manufacturer / Font Embedding Only)
Article I — Preamble: common provisions applicable to all End-User License Agreements entered into with COLORTYPE SARL
Section I.01 — General provisions
This Agreement governs the use of the typefaces supplied by Colortype SARL, trading under the trade name Babelfont, with its registered office at 43 rue du Moulin Vert, 75014 Paris (the “Licensor”).
This Agreement applies to all digital font files presented on babelfont.com. None of these fonts are sold; they are licensed to the end user under the terms of this Agreement.
The purchase and use by the purchaser (hereinafter the “Licensee” or “End-User”) of a License for the fonts are subject to the terms and conditions set forth herein.
By paying for, downloading, installing and/or using the digital font files governed by this Agreement, the Licensee confirms that they have read and accept the terms of this Agreement.
Section I.02 — Rights reserved by the Licensor
The Fonts are protected by copyright. Colortype SARL is the exclusive owner of all intellectual property rights in the Fonts, including copyrights and trademark rights. This License grants only limited rights of use; no proprietary title is transferred to the Licensee. Any unauthorised use or infringement of those rights is prohibited and renders the Licensee contractually liable; the Licensee shall indemnify Colortype SARL against any such infringement.
This License is non-exclusive, non-transferable, worldwide and granted for an indefinite term, subject to compliance with its terms.
Article II — Rights granted to the End-User under the OEM / FEO License
Section II.01 — Permitted uses under the OEM / FEO License
Under this OEM / FEO License the Licensee is authorised to:
a. Embed the Font into a mass-distributed final product, such as:
- an embedded system (automotive system, interactive kiosk, connected household appliance, etc.);
- software or an operating system pre-installed on devices (computer, tablet, game console);
- a proprietary application installed on a physical device that is distributed.
b. Include the Font in firmware or an embedded operating system, provided that:
- the Font is usable only within the closed context of that device or system; and
- the Font is not accessible, modifiable or exportable by end users.
c. Distribute the Font solely as an embedded component of the final product. This License also authorises the manufacture of copies of the final product for global distribution, without territorial or temporal limitation, subject to the quantitative limits specified in the contract.
Section II.02 — Restrictions under the OEM / FEO License
Without limitation, under the OEM / FEO License the End-User is not authorised to:
a. Reuse the Font outside the specifically licensed context: the Licensee may not use the Font purchased under an OEM / FEO licence for branding, corporate communications, print materials, video, websites, or non-embedded applications. Installation on third-party workstations is also prohibited.
b. Styles and variants: the License covers only the font styles (weights and variants) expressly included in your purchase. Any additional variant (e.g., italic, bold, condensed) requires a supplementary licence.
c. Use on other systems or products: the Font may not be used on any operating system or product other than the one explicitly named on the invoice or in the licence agreement.
d. Unauthorised redistribution or transfer: it is prohibited to redistribute, resell, assign or transfer the Font to third parties, whether free of charge or for consideration, except as embedded in the final product for which it was purchased. The Font must not be made separately accessible to end users of the product.
e. Use in other environments: the Font may not be used in environments not covered by this licence, such as (without limitation):
- websites or dynamic web interfaces;
- video or motion design content;
- physical products or software installed on servers;
- SaaS platforms or online tools.
f. Modification and derivative works: it is prohibited to modify, decompile, disassemble or create derivative versions of the Font absent prior written consent from Colortype SARL.
g. (Repeat of styles clause for emphasis) the License covers only the styles explicitly provided in your purchase; any additional variants require an additional licence.
Section II.03 — Interpretative clarifications and points of attention
The following clarifications apply to interpretation of this Agreement:
a. Duration: This OEM / FEO License is granted for an indefinite period, so long as the terms of the License are complied with.
b. Security and protection obligations: the Font must be embedded in the device, medium or dedicated product in a secure manner that prevents extraction, copying or independent reuse by the end user. The Licensee must implement reasonable security measures to prevent unauthorised access to the Font within the embedded system, installation files or backups.
c. Custom licence: OEM / FEO Licences are granted on a bespoke basis and are subject to an individual quotation and contract depending on production volume, product type and target platforms.
d. Liability of external contractors: any external developer or designer working on the project must delete Font files at the end of their engagement. They are strictly prohibited from using the Font on other projects or for other clients.
e. Nominal scope: the number of units, devices or copies covered by the Licence is limited to the quantity specified in the contract or on the invoice.
f. Hybrid uses: for any hybrid use (e.g., an app connected to a server, or a product that pulls fonts from an external platform), the Licensee should consult Babelfont to determine the appropriate licence.
Article III — End-User obligations
The End-User shall take all necessary measures to prevent unauthorised access to the licensed Font files (or any copies thereof).
The End-User shall inform its employees and any persons with access to the Font of their obligation to comply strictly with the terms and conditions of this Agreement. Breach of any provision hereof may give rise to termination by the Licensor.
Article IV — Termination
This License remains in force until terminated. Colortype SARL reserves the right to issue a notice of termination in the event of non-compliance with the terms of this Agreement. Termination shall take effect thirty (30) days after such notice.
In the event of termination, the End-User shall return to Colortype SARL the digital Font files, their components and any related digital data, and shall destroy all copies in its possession within seven (7) days of the date of termination, thereby prohibiting any further use. At Colortype SARL’s request, the End-User shall provide written confirmation that such destruction has occurred.
Notwithstanding termination, Colortype SARL expressly reserves the right to pursue any other remedies available (including claims for information and damages).
Upon termination, the End-User must permanently delete all copies of the Font files and deliver a written statement certifying such deletion.
Article V — Disclaimer of warranty
The product is provided “as is.” Colortype SARL gives no warranty, express or implied, as to merchantability or fitness for a particular purpose.
All risk as to the quality and performance of the digital Font rests with the End-User. Colortype SARL does not warrant that the features contained in the Font files will meet the End-User’s requirements or that they are error-free. Any implied warranty required by applicable law is limited to a period of thirty (30) days (see clause on returns and exchanges). The End-User accepts that no other warranties apply after the aforementioned period.
Article VI — Returns and exchanges
Fonts may be returned or exchanged only if defective and accompanied by valid proof of purchase within thirty (30) days from the date of purchase.
Article VII — Governing law
This License is governed by French law. Any dispute concerning its interpretation or enforcement shall be subject to the exclusive jurisdiction of the Tribunal judiciaire de Paris.
Article VIII — Entire agreement
This License and the associated invoice constitute the entire agreement between Colortype SARL and the End-User with respect to the use of the Fonts.
Article IX — Other licences available
For any use not covered by this License, other licences are available to meet your specific needs. Please contact Colortype/Babelfont at co*****@*******nt.com