EULA

EULA

For any questions regarding our EULA or if you are looking for a different kind of licensing for your needs, get in touch with us: hello@blazetype.eu

Blaze Type End-User License Agreement

0.0 TRIAL FONTS: By downloading any of the trial fonts we offer, you agree to use the Trial versions of our typefaces for testing purpose only and shall not make use of them in public, online or not, communication.

 1. PREAMBLE

1.1.1  This End User License Agreement (hereinafter: the "EULA") is agreed between any end user of the Products (as defined below) and the Blaze Type company, a single-shareholder SAS with a share capital of € 2,000.00, whose head office is located at 20 Montée Saint-Sébastien, 69001 Lyon (France), and is registered in the Lyon Trade and Companies Registry under reference number 878 096 304 (hereinafter: "Blaze Type").

1.1.2  The User is asked to carefully read the terms of this EULA prior to accessing, installing or using any of the Products distributed by Blaze Type.

1.1.3  By accessing, installing and/or using any of the Products (as defined below), the User acknowledges reading and consenting without reserve to the terms and conditions of this EULA. Should the User wish not to be bound by this EULA, the User shall no longer access, install and/or use the Products and their contents.

1.1.4  This EULA contains the complete agreement and establishes the entirety of the existing rights and obligations between the User and Blaze Type (hereinafter referred to individually as the "Party", or collectively as the "Parties"). To the fullest extent permitted by law, Blaze Type reserves itself the rights to change, modify, remove or add to the EULA at any time, with the exception of its provisions relative to its duration, its characteristics, or the price of the product or service to be provided.

2. DEFINITIONS

2.1.1  For the purposes of this EULA, the terms below shall be defined as follows, whether used in the singular or the plural:

 2.2      Affiliate

2.2.1  Refers to any entity that, whether directly or indirectly, Controls, is controlled by or is under the shared Control of a Party. The terms "Control"/"Controls" refer to the direct or indirect control of more than fifty (50) percent of the voting rights of a Party, or the power to lead or entrust the management and/or the business strategy of that Party.

 2.3      Order

2.3.1  Refers to the Products selected and purchased by the User on the web site at http://blazetype.eu (hereinafter: the "Web Site"), which is done by clicking "Type catalogue", then selecting a typographic family and the Typeface the User wants to purchase, and subsequently confirming the Order by clicking "Proceed to checkout" before filling in the details relative to the User, choosing a preferred payment method and paying.

 2.4      Documentation

2.4.1  Refers to any material, whether digital or not, developed and/or made available to the Users and designed to install and/or use the Products.

2.5      License to Use

2.5.1  Refers to the license granted to the User according to the terms and conditions, as set out in articles 3 and 4, that allow the User to use the Product.

 2.6      Product / Products

2.6.1  Refers to the Typefaces supplied by Blaze Type that can be accessed at https://blazetype.eu as well as any of their components and contents, including, but not limited to, the graphical interfaces, structures, features, data and databases, applications, and the source codes and object codes that are part of an Order.

 2.7      Third Party / Third Parties

2.7.1  Refers to any individual or entity other than the Parties, including, but not limited to, any Affiliate, franchisee, transferee, agent, employee, client, subcontractor, supplier or independant professional, regardless of legal form.

 2.8      Typeface / Typefaces

2.8.1  Refers to the Typeface software and the set of characters and glyphs it contains, as well as any representation or graphical reproduction of the character(s), glyph(s), style(s), weight(s), including derived images (png, jpeg, bitmap, etc.), vectors, and the code.

3. LICENCE TO USE

3.1.1  The User is granted a License to use the Products under this EULA for its duration and can benefit from it, providing payment of the Products chosen by the User has been made in full through an Order, and in accordance with the EULA. The License to Use is granted to only one User at a time.

3.1.2  Through this License, and through the legal duration of the copyright, Blaze Type concedes the User a non-exclusive, worldwide and non-assignable right to access and make personal use of each Product purchased by the User as part of an Order. This concession is effective for both France and the rest of the world, as well as for the entire duration of this EULA.

3.1.3  The right to use, as referred to in the preceding paragraph, permits the User, both restrictively and for his or her own particular uses, to:

A) Access, install and use the Product as supplied and this without modifications, by any means, either permanently or temporarily, with the purposes of loading, displaying, executing, transmitting or storing, on any paper, magnetic, optical or video format, notably discs, floppy disks, diskettes, tapes, listings, or videograms (either analogically or digitally) for any exploitation, including as part of a network, and for any digital production (print, web, applications, broadcast, etc.);

B) Save a copy or backup of the Product on a server or a hard drive. Such copy or backup shall be subject to the dispositions within this EULA.

C) NFT Licensing: Without a written notice from Blaze Type, our fonts & typefaces may not be used in a NFT (Non Fungible Token) art work, software, or any other kind of production linked to a blockchain service or technology. You can write directly to us to hello@blazetype.eu to ask for a specific license to own the rights to use our fonts in a NFT project.

4. RESTRICTIONS

4.1.1  Blaze Type retains all rights that are not expressly permitted to the User by this EULA, and remains the exclusive owner of the Products.

4.1.2  The User is the sole holder of the rights granted by this License. The User agrees to refrain from using or exploiting any Product in a way that is not expressly permitted by this EULA.

4.1.3  In particular, the User is not allowed, to the fullest extent permitted by law, except as provided for in this EULA or with the written and prior agreement from Blaze Type, to:

A) Sell, rent, sublicense, copy or distribute by any means whatsoever a Product for the benefit of a Third Party;

B) Edit, rename (under any circumstances), adapt, arrange or modify by any means a Product, or open a Product using an editing software so as to reveal its structure, organization or code, as well as create any derivative work based on a Product, render a Product and/or merge some or all of its parts into other computer programs, or allow a Third Party to do so;

C) Compile, decompile, disassemble, render or analyze a Product, as well as reverse-engineer a Product or attempt to reverse-engineer it, except to the extent permitted by law;

In the event that the User were required to perform any disassembly with the intent to ensure the interoperability of the Product with any environment, the User agrees to address a request to Blaze Type prior to any operation, and both Parties shall come to agreement regarding the ways and means of that service;

It is expressly agreed that the User abstains from fixing or rectifying on their own any anomaly whatsoever affecting a Product. The Parties expressly agree to reserve such rectifications to Blaze Type;

D) Use a Product in relation to any pornographic, unlawful, fraudulent, deceitful, homophobic or racist content, or in any unlawful industry whatsoever, or in any malicious or hateful activity;

E) Use a Product for communication purposes that benefit, either directly or indirectly, any political party or religious organization, unless with the prior and express permission from Blaze Type, which the User shall contact beforehand to request such permission.

4.1.4  The above prohibitions apply to the entirety of the Products, which includes all files contained in "ZIP" format folders downloaded by the User following an Order, as well as any file related to the Typefaces each Product is composed of.

4.1.5  The User can only install the Products on a single server and can only use them on a single local network (LAN), and only if the access to the Products is restricted to the workstations, printers and other devices owned by the User, as well as for the User's personal use only.

4.1.6  A Product can be incorporated by the User into a web site or a mobile application, regardless of the number of users.

4.1.7  Unless this EULA provides otherwise, and in particular of the provisions of Article 7, the User is forbidden from providing Third Parties access to the Product by any means, such as, but not limited to, making the Product available for download or providing a direct link to access the Product.

4.1.8  Blaze Type shall not provide any hosting services for the use of the Products. If the User uses a Product on any digital products (including, but not limited to, web sites, applications, etc.), the User undertakes to take the necessary steps to protect the Product against any download from the User's server. Blaze Type reserves itself the rights to use, for illustration purposes within the framework of its corporate communications, be it internally as well as with third parties, any images and/or videos that include a Typeface, notably on the Web Site and social media.

 5. FINANCIAL TERMS

5.1.1  Any Order for any Product entails an obligation for the User to pay the pre-tax price as displayed on the corresponding cart. The User has the opportunity to check the contents of their Order and its total price, and is able to correct any potential mistakes before submitting the Order, thereby expressing a definitive confirmation. The receipt shall be sent to the User via email after the order is placed. Each receipt features the pre-tax price of the Order as well as the names of the purchased Products.

5.1.2  Due to the digital nature of the Typefaces, no typographic Product shall be reimbursed if downloaded by the User. The User is allowed, after an express prior permission from Blaze Type, to purchase the Products in the name or on behalf of one or multiple of the User's clients and is allowed to grant them the correlative rights. Nevertheless, the User is not allowed to charge their clients for these Products using a price different from the price displayed on the Website. The User's License shall be transferred to the Third Party at the time of purchase.

6. FORMAT CONVERSION

6.1.1  The Products provided by Blaze Type to the User are under the following web font formats: OpenType/OTF, TTF, WOFF, WOFF2.

6.1.2  The User is allowed to convert any Typeface contained in any Product into other formats, such as SVG or SVGZ, provided the Product is not modified in any other way, including, but not limited to, changing its name, modifying the lateral orientation or the kerning of individual glyphs, or modifying the coding.

7. TRANSFER TO THIRD PARTIES

7.1.1  The License is granted to the User strictly on a personal basis.

7.1.2  Notwithstanding the above, the User can provide the License for Third Parties for a period of time agreed upon between them for the purpose of a design project. Upon the termination of said project, any font files shared with any Third parties shall be removed from any workstations, servers owned by the Third parties unless a proper font license has been purchased by the Third parties.

7.1.3  The Third Parties referred to in this Article can notably, but not exclusively and without prejudice to the definition given to this term in Article 2, correspond to any web developer or agency, printing company, services office, or any other pre-printing service providers, individuals and/or businesses or companies with whom the User may be required to work with as part of a professional task and/or project.

7.1.4  At the end of the professional task and/or project for which the Product was provided to the relevant Third Party, the User undertakes to take all necessary means to permanently delete and permanently render unusable the aforementioned Product on every workstation of said Third Party.

7.1.5  The User has a particular responsibility to make sure that no Product is stored by any printer, publisher, or any other services company once their services have been provided.

7.1.6  When the User provides a Third Party with a copy of the Product, regardless of its form or media, the User must also provide that Third Party with a copy of this EULA and inform them of the terms and conditions within this Article.

8. INTELLECTUAL PROPERTY

8.1.1  The User acknowledges that every intellectual property rights regarding the Products and the Documentation, including, but not limited to, every existing or future copyrights and distinguishing features, are the sole and exclusive property of Blaze Type.

8.1.2  No title to or right of ownership over the Products is transferred to the User. Blaze Type and/or the Third Parties who consented a permission to use shall keep all of the rights referred to in the preceding paragraph, including on any adaptation or copy of the Products as permitted by this EULA.

8.1.3  The User is prohibited from causing damage in any way, shape or form to the intellectual property rights referred to in this Article, and acknowledges that any use contrary to what the License permits is a violation of the intellectual property rights of Blaze Type and causes the latter significant financial damage.

8.1.4  The User undertakes not to remove the Blaze Type credits contained in the Products. If the User's professional activity allows it, the User undertakes to credit Blaze Type as the author, provider and owner of every rights related to the Products.

9. WARRANTY

9.1.1  The User guarantees to be lawfully and contractually permitted to conclude the EULA. The User consequently acknowledges to have read, understood and accepted these terms and conditions.

9.1.2  The Product is distributed under the following formats: .OTF, .WOFF and .WOFF2. It has been tested on the macOS™ and Windows™operating systems, as well as on several office applications, such as Adobe Creative Suite™, TextEdit™ and Microsoft Office Suite™.

9.1.3    When necessary, the Product can include or be combined with other software or services conceded or sold to Blaze Type by a third-party entity. These software and services are not guaranteed by Blaze Type.

9.1.4  No guarantee is provided to the User regarding the proper functioning of the Products and their contents, including, but not limited to, their suitability to the needs and uses of the User.

9.1.5    To request a warranty claim, the User must contact Blaze Type via the email address "hello@blazetype.eu". The User's request shall also include all the information required by Blaze Type to process the claim, including the proof of purchase for the relevant Products.

9.1.6  Should the Licensee encounter issues with the purchased Product, he or she shall contact Blaze Type within the thirty-day (30-day) time limit referred to above.

9.1.7  In the cases referred to in the two preceding paragraphs, Blaze Type shall make reasonable efforts in order to resolve the identified problem in accordance with the aforementioned process.

9.1.8  To the fullest extent permitted by law, Blaze Type makes no warranty whatsoever towards the User unless expressly specified in this EULA, including any warranties of merchantability, fitness for a particular use, as well as any warranty created by business, by the performance of this EULA or resulting from commercial use.

9.1.9  In particular, the User acknowledges that Blaze Type is bound by a best-endeavors obligation and does not guarantee the Products shall satisfy the User's expectations, be compatible with every operating system or that the Products shall be fault-free.

9.1.10 The exclusions referred to in this Article are an essential part of this EULA and served as a basis for determining the invoice price of the Products.

10. COUNTERFEITING

10.1.1 Blaze Type warrants that it is the owner of the intellectual property rights over the Products that allow it to conclude the License, and that the License is not capable of infringing on the rights of Third-Parties. Blaze Type also guarantees that, to the extent of its knowledge, every Product is original and does not fall under counterfeiting and/or unfair competition.

10.1.2 The User undertakes to immediately report to Blaze Type any counterfeit of the Product that he or she is aware of. Blaze Type shall then be free to take the actions it deems appropriate.

10.1.3 Should all or part of the Software be recognized as falling under counterfeiting or any other infringement of the intellectual property rights as sanctioned by a final court judgement, Blaze Type undertakes to find a negotiated solution with the User.

11. LIMITATION OF LIABILITY

11.1.1 To the fullest extent permitted by law, the User assumes all risks resulting from fulfilment of the EULA and of his or her Use of the Products.

Blaze Type shall not be liable for any indirect damage whatsoever resulting from or tied to the EULA in any way, or resulting from the use of the Products. This disclaimer of liability excludes any compensations for, including, but not limited to, the following damages: shortfall, financial or commercial loss, loss of customers or profit, work disruption or property damage, Third-Party or loss claims arising from or resulting from this EULA, as well as any damage caused to individuals or foreign assets, or any other damage resulting from Product unavailability, regardless of duration, and regardless of the legal basis upon which the request is made, even if Blaze Type was made aware of the possibility of such damage, or if such damage could have reasonably been foreseen.

11.1.2 Consequently, the User shall guarantee and hold Blaze Type harmless, at any time and on first request by Blaze Type, for any loss, financial debt or consequences of a claim, damages, penalties, fines and all other costs and expenses, including reasonable attorney's fees and other legal expenses, regardless of the outcome of the dispute, as incurred by law after a liability claim by a Third Party as a result of the use of the Products by the User.

11.1.3 In particular, Blaze Type shall not be held liable for any errors, regardless of origin, in the final results that the User is responsible for verifying. Furthermore, Blaze Type shall not be held liable for any loss of software or data by the User, as it is the User's responsibility to save and back up such software or data.

11.1.4 The User shall be the sole bearer of the consequences of any malfunction or fault resulting from misuse of the Product, and agrees to comply with the laws, regulations and other legal texts, whether nationally or internationally, that are applicable to the purchase and the use of the Products.

11.1.5 In any event, the total liability of Blaze Type may not exceed the total amount paid by the User, in accordance with Article 5. The Parties acknowledge that the price paid by the User reflects the distribution of risks under this EULA, as well as the economic balance intended by the Parties, and that this contract would not have been entered under these conditions without the compensation limit specified above.

12. TERMINATION

12.1   UNILATERAL TERMINATION

12.1.1 Other than non-compliance, each Party may terminate this EULA at any time, provided that they notify the other Party via certified letter with return receipt or via email, which shall take effect two (2) months after it was received.

12.2   TERMINATION FOR NON-COMPLIANCE

12.2.1 In the event of a breach by one of the Parties under this EULA, this EULA shall be rightfully terminated within thirty (30) days after formal notice, notified via certified letter with return receipt or via email, of the defaulting Party.

12.3   SHARED CONSEQUENCES

12.3.1    Within thirty (30) days after termination of this EULA, the User shall immediately:

A) Stop using the Products and proceed to delete them as set out in Articles 9.1.6 and 9.1.7. The User also guarantees to immediately cease any communication with Third Parties as specified in Article 7 of this EULA;

B) Delete any ordered Product, including any copy or backup of the Products, on whatever media they are stored, including, but not limited to, any digital media (web, applications, etc.).

12.3.2 The Parties expressly acknowledge that any termination for non-compliance specified in this Article, however caused, shall not be retroactive and shall not incur any reimbursement of the price paid by the User to Blaze Type.

12.3.3 Any of the expenses incurred by Blaze Type pertaining to the termination shall remain the User's responsibility, including any other costs and expenses, as well as reasonable attorney's fees and other legal expenses.

12.3.4 If need be, each Party may start legal proceedings to seek damages for the harm resulting from the non-compliance of its obligations by the other Party.

12.3.5 At the term of this EULA, for whatever reason, the License granted to the User shall immediately and rightfully be terminated.

13. TRANSFER

13.1.1 Subject to Article 7, this EULA and the License it contains cannot be transferred or granted to a Third Party by the User.

13.1.2 Blaze Type is however free to transfer or grant all or part of this EULA and the License to Third Parties, provided this transfer or grant does not diminish the User's rights under this EULA.

14. DURATION

14.1.1 This EULA takes effect when the User downloads one of our fonts (whether it be a Trial or a Full version), and lasts according to the legal duration of the copyright as provided by the existing legislation.

14.1.2 Any provision within this EULA that considers or governs the execution of and/or the compliance with obligations after its termination or its expiration shall survive the termination or expiration of this contract, for whatever reason.

15. APPLICABLE LAW – ARBITRATION – RELEVANT JURISDICTION

15.1.1 All disputes resulting from this EULA or related to this EULA are governed by French law.

15.1.2 In the event of a dispute between the Parties regarding the validity, the execution or the interpretation of this EULA, the Parties undertake to cooperate expeditiously and in good faith in order to find an amicable solution after a conciliation which shall not be less than forty-five (45) days.

15.1.3 SHOULD A DISPUTE REMAIN UNRESOLVED BY APPLICATION OF THE FORESEEN CONCILIATION, ONLY THE JURISDICTIONS UNDER THE RESPONSIBILITY OF THE LYON COURT OF APPEAL (FRANCE) SHALL HAVE SOLE COMPETENCE.

 16. CLAUSE INVALIDITY

16.1.1 If any provision of the EULA is declared to be invalid, that provision shall be considered as void. This shall not invalidate or void the contractual whole by which the Parties shall remain mutually committed.

16.1.2In the event of cancellation of one of the clauses of the EULA, the Parties undertake to negotiate in good faith the necessary arrangements to replace the clauses which may have been subjected to cancelation or invalidation, regardless of reason.

For any questions regarding our EULA or if you are looking for a different kind of licensing for your needs, get in touch with us: hello@blazetype.eu