END-USER LICENSE AGREEMENT — SERVER
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 Server License
Section II.01 — Permitted uses under the Server License
Under this Server License the Licensee is authorised to:
a. Server installation: install the Font on a single server for the purpose of dynamically generating textual or graphical content (titles, paragraphs, visuals, etc.) via an online interface or a web application controlled by the Licensee.
b. Back-end / platform rendering: use the Font in platform or back-end web environments where font rendering is performed server-side (for example: automated generation of PDF documents, invoices, personalised cards, exportable visuals, etc.).
c. End-user access to generated content: make the generated content available to end users provided that such end users cannot download, extract or otherwise obtain the Font in a form that is independently usable or modifiable.
d. Single server scope: apply this License to a single server instance. For distributed architectures (load balancing, microservices, clusters) or large-scale SaaS deployments, an additional licence extension is required for each additional server/instance.
Section II.02 — Restrictions
Without limitation, under the Server License the End-User is not authorised to:
a. Share or transfer the Font: share or transfer the Font to unauthorised third parties, whether free of charge or for consideration. Font files must remain strictly accessible only to the licensed server and must not be extractable by end users.
b. Use on multiple servers: use the Font on more than one server without acquiring a separate licence for each installation. This prohibition includes environments employing redundancy, automatic scaling, or outsourced services.
c. Use outside server context: use the Font outside a server environment (e.g., mobile apps, video production, print, embedded products, interactive documents) unless the appropriate additional licence is obtained.
d. Modify the Font: modify, decompile, disassemble or create derivative versions of the Font without Colortype SARL’s prior written consent.
e. 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.
Section II.03 — Interpretative clarifications and points of attention
The following clarifications apply to interpretation of this Agreement:
a. Duration: This Server License is granted for an indefinite period so long as the terms of the License are complied with.
b. Export formats: All generated documents that include the Font must be exported in a fixed, non-editable format (e.g., PDF, JPG, PNG). If files are sent to third parties, the Font must never be embedded in an editable form.
c. Server security: The server must be secured to prevent any direct access to font files by unauthorised users (e.g., protection against hotlinking, direct download or reverse engineering).
d. Liability for breaches: The Licensee is responsible for any breach occurring on its servers and undertakes to inform any person with access to the Font of their contractual obligations.
e. Complex / SaaS use: If there is any doubt regarding the proposed use or technical architecture (e.g., SaaS, mass personalised content generation), the Licensee should contact Babelfont (Colortype SARL) to determine the appropriate licence.
f. SaaS sold to third parties: For SaaS solutions where the Font is integrated into software that is sold or made available to third-party end users, a distinct OEM / FEO License is required.
g. Notification of unauthorised use: You must notify Babelfont (Colortype SARL) promptly in the event of any unauthorised access to or use of the Font by third parties.
h. Third-party contractors and collaborators: subcontractors or collaborators engaged to install or manage the licensed server may access the Fonts only for installation and maintenance of the specified server. They must destroy all copies of the Fonts upon project completion.
i. Copyright notice: backup copies must retain the copyright, trademark and notices. You are responsible for any loss or unauthorised use.
j. Scope limitation: This License covers only the uses listed above. Any other use requires a supplementary licence.
k. Styles included: This License covers only the weights and variants expressly included in your purchase; adding variants requires an update or additional purchase.
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 the 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