END-USER LICENSE AGREEMENT — WEB LICENSE
The End-User License known as the “Web License” permits the integration of the Font on your websites.
Article I — Preamble: common provisions to all End-User License Agreements entered into with COLORTYPE SARL
Section I.01 — General provisions
This Agreement governs the use of the typefaces (the “Font(s)” or “Font Software”) supplied by Colortype SARL, trading as Babelfont, with its registered office at 43 rue du Moulin Vert, 75014 Paris (the “Licensor” or the “Seller”).
This Agreement applies to all digital fonts 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 “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 Fonts governed by this Agreement, the End User acknowledges 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 copyright and trademark rights. This License grants only limited rights of use; no proprietary title is transferred to the purchaser. Any unauthorised use or infringement of these rights is prohibited and will render the purchaser contractually liable; the purchaser shall indemnify Colortype SARL for any such infringement.
This License is non-exclusive, non-transferable, worldwide and granted for an indefinite duration, subject to compliance with the contractual terms.
Article II — Rights granted to the End User under the Web License
Section II.01 — Permitted uses under the Web License
Under the Web License the purchaser is authorised to:
a. Installation and controlled environment: Use the Font on your website(s) via the CSS @font-face rule, exclusively for the domain(s) specified on your purchase receipt. The domain(s) covered must be explicitly indicated at the time of purchase. Any addition or change of domain requires a license extension. Use is permitted in a secure development environment provided that environment is under your direct control and related to the licensed domain(s).
b. Rendering and printing: Pages on the website that use the Font may be rendered and printed by end users.
c. Subsetting: Subsetting of the Font (reduction of character set to optimise web file size) is permitted solely for web performance optimisation. Subset Font files remain subject to all terms of this Agreement.
d. Scope — emails and dynamic web advertising: Use in email communications (marketing, newsletters) and dynamic web advertising is allowed provided that cumulative traffic (see Article II, Section II.03 on “Interpretative clarifications”) is included within the traffic allowance of your license.
e. Third-party hosting for permitted uses: Hosting and delivery of the authorised webfonts via third-party services (e.g., Mailchimp, Campaign Monitor) is permitted solely for the needs of your website, advertising or emails covered by this License.
f. Backup copies: Creation of a reasonable number of backup copies of the Font files is permitted provided that such copies are secured and not accessible to unauthorised third parties.
Section II.02 — Restrictions under the Web License
Without limitation, under the Web License the End User is not authorised to:
a. Restricted formats: Use Font formats other than TTF and WOFF2 (for example, OTF is prohibited).
b. Download links / hotlinking: Make the Font files directly downloadable or otherwise accessible to third parties via external links (hotlinking).
c. Remote user document generation: Use the Fonts to enable remote users to create personalised documents (for example invitation cards, portfolios, personalise-on-demand products, etc.).
d. Provide the Fonts as a third-party resource or tool: Offer the Fonts as a tool, resource or component accessible to third parties (for example embedded in a content generator or online tool).
e. Authorise use on domains not specified in the License: Serve the Fonts on domains other than those specified in the License, even if those domains are hosted on the same server as the licensed domains.
f. Modification of the Fonts: Modify, adapt, translate, reformat, decompile, disassemble or attempt to extract the code or glyph designs from the Font files.
g. Style coverage: The License covers only the exact styles (weights and variants) expressly provided with your purchase. Any additional variants (Italic, Bold, Condensed, etc.) require a supplementary license.
h. Non-web embedding: Integrate the Fonts into software, applications, interactive documents, devices or any digital file other than a website (except under a dedicated license).
i. Third-party providers’ reuse: External web developers and service providers may only use the Fonts for your specific project and must delete all files at the end of their engagement.
j. Unsecured backup distribution: Backup copies must not be distributed or made accessible to unauthorised persons.
Section II.03 — Interpretative clarifications and points of attention
The following clarifications apply to interpretation of this Agreement:
a. Duration: This Web License is granted without temporal limitation provided the License terms are complied with.
b. Domain ownership and editorial control: When contracting a Web License you must own the domain name(s) and retain editorial control over the content of the site(s) where the Font is integrated.
c. Traffic accounting for Web License scope: The License covers a monthly average traffic threshold measured in page views. If you exceed your traffic threshold or widen your usage (for example by adding domains or significantly increasing traffic), you must subscribe to an upgraded or extended license. For use in email campaigns or web advertising, impressions and active subscribers must be added to your monthly page views to determine the required license level.
d. File security: You are responsible for securing webfont files and preventing unauthorised access (for example preventing direct links, downloads or inclusion in public libraries).
e. Notification to the Licensor: You must promptly notify Babelfont (Colortype SARL) in case of any unauthorised access to or use of the Font by unlicensed third parties.
f. Subcontracting: Any subcontracted web development must comply with the file deletion obligation at the end of the collaboration.
g. Copyright notice: Backup copies must include the applicable copyright, trademark and accompanying notices. You are responsible for any loss or unauthorised use.
h. Limitation of uses: This License covers only the uses explicitly listed above. Any other use (including but not limited to print, video/broadcast, server usage, application embedding) requires a supplementary license.
i. Scope of styles: This License covers only the styles (weights and variants) expressly included in your purchase. Adding variants requires an upgrade or additional purchase.
Article III — End-User obligations
The End User shall take all reasonable measures to prevent any unauthorised access to the licensed Font files (or any copy thereof) provided under this End-User License.
The End User shall inform its employees and any persons granted access to the Font files of their obligation to comply strictly with the terms and conditions set out in this Agreement. Violation of any provision hereof may give rise to termination by the Licensor.
Article IV — Termination
This License remains in effect until terminated. Colortype SARL reserves the right to issue a notice of termination in case of non-compliance with the terms of this Agreement. Termination shall take effect thirty (30) days after the issuance of 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 from 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 taken place.
Notwithstanding termination, Colortype SARL expressly reserves the right to seek any other remedies available (including injunctive relief and claims for damages).
Upon termination, the End User must permanently delete all copies of the Font files and provide a written declaration 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 relating to its interpretation or enforcement shall fall within the exclusive jurisdiction of the Tribunal judiciaire de Paris.
Article VIII — Entire agreement
This License and the related invoice constitute the entire agreement between Colortype SARL and the End User concerning use of the Fonts.
Article IX — Other licenses available
For any use not covered by this License, other licenses are available to meet your specific needs. Please contact Colortype/Babelfont at co*****@*******nt.com