This End User Licensing Agreement (“EULA”) is an agreement between You, the license holder, and us, Faire Type LLC (“Faire Type”).

By downloading, installing, uploading, sending, using, receiving or handling Font Software owned by Faire Type, You are accepting the terms of this end-user license agreement (“EULA”) set out below, but the rights do not transfer to You until Faire Type has received full payment of the license fee.

When You become a licensed user, You have a non-exclusive, non-transferable, perpetual, worldwide license to use the Fonts as specified in this EULA. There is no expiration to this license, and You may continue to use the Fonts as long as You like as long as You stay with the limits of Your license. Faire Type retains the right to terminate Your license if You violate any of the terms or conditions.

Any and all Font Software represented by this EULA are the intellectual property of and copyright to Faire Type. In purchasing Font Software, You are purchasing a non-exclusive, non-transferable, non- assignable license to use those Fonts under a specific set of conditions. When Faire Type receives from You the full payment of the appropriate license, You become a licensed user — not an owner of the Font Software nor of any part of the design. Any rights that are not specifically given by us in this contract are reserved.

All licenses are for use within a singular organization or entity (referred to throughout this EULA as “Company”). Our Fonts are licensed by the total number of people working full-time and part-time for Your Company (also referred to as the “size” of Your Company).

If Your Company size increases after You purchase a license and You are moved into a different licensing tier, You will need to upgrade Your license to reflect Your current Company size. If You fail to pay for a higher tier of license, You will be found in violation of this EULA and required to cure the violation, which may include additional fees.

Subcontractors

All licenses cover the use of third-party subcontractors, such as outside designers, developers, etc. Subcontractors are only permitted to use the fonts insofar as to provide services relevant to Your Company. Subcontractors may not use the fonts they receive from you in any other manner or for any other project or Company. It is the responsibility of the licensee named to ensure all license restrictions, extents and limitations are communicated internally.

Our fonts are licensed based on how they will be used, and the license type you select during the purchasing process will provide you with the appropriate font files. You may need to purchase multiple license types depending on how You plan on using the fonts. The rights and regulations of each license type are stated under their respective titles on this page.

Unlimited License

An unlimited license covers all types of media (i.e., desktop, web, app) and has no limit on Company Size. Please send us an e-mail at abc@fairetype.com for more information and to purchase an Unlimited License.

Desktop License

A Desktop License permits You to install and use “Desktop Fonts” on a Computer only. Desktop Fonts are provided in the .OTF file format and should only be used on a Computer. You are not permitted to use Desktop Fonts on a Website, or Embed Desktop Fonts in an application, ebook, or game.

All artwork created using the Desktop Fonts must only permit viewing and printing (and not the editing, altering, enhancing, or modifying) of the text or artwork after it is finalized by You. You may Embed the typeface into the following formats only: Portable Document Format (PDF), PostScript (PS), Encapsulated PostScript (EPS). The Desktop Fonts may not be Embedded into any other file type or application. You are permitted to upload images created with the Desktop Fonts to Your Website, but you must not host the Desktop Fonts on any web servers, Websites or domains. If You would like to use the Font on Your Website or server, You must purchase the appropriate Website License and use the appropriate Web Font files.

Web License

A Website License permits You to host and use “Web Fonts” on web servers under Your control, and under the control of a singular organization, for a single Website. Web Fonts are provided in .WOFF2 file formats and should only be used on the web. You are not permitted to install the Web Fonts on a Computer, or Embed the Web Fonts in an app, ebook or game.

You may use the licensed Web Fonts on a website for the licensed brand in live-text format using “Font- face” technology. If You own or operate multiple brands, You are only permitted to use the Web Fonts on the website that represents the licensed brand that was noted during the purchasing process. The Web Fonts may not be served to unlicensed domains, even if they are hosted on a licensed domain. You must not use the Web Fonts to create or save any documents, or raster or vector images, or Embed the Web Fonts into applications or any other software. The hosting or serving of the Web Fonts by any third party service is strictly prohibited.

App License

An App license permits You to Embed the App Fonts into an application (“app”), ebook or game. App Fonts are provided in the .OTF file format and should only be used Embedded in an app, ebook, or game. You are not permitted to install the App Fonts on a Computer, or use the App Fonts on a Website.

You may Embed the App Fonts in Your app, ebook or game, for the purpose of styling, viewing and editing text in Your App, ebook or game. However, the Font Software must not be installed in the devices’ system in a manner that renders it available to the user other than for use in the Application. You must not use the App Fonts to create or save any documents, or raster or vector images, or host the App Fonts on any web servers, Websites or domains.

To purchase a student license and receive the student discount from our website, you must be a participating student member of an educational institution. You may use the fonts that you purchase with your student license for projects related to your studies and also for personal projects. For commercial projects your client will need to be the license holder and purchase the correct license that corresponds to how they will use the fonts and the size of their company, regardless of your status as a student. After you finish your studies, you can continue to use the fonts you purchased as a student for personal driven projects until your company size increases and you need to upgrade your license tier.

Modification

You must not modify the Font Software under any circumstance. Re-naming, modifying characteristics or drawings, reverse engineering, and changing the Font format are all strictly prohibited. You are permitted to convert text into vector paths (for example outlining text in illustrator) and edit those vector paths, but You are not permitted to make modifications to the Font Software itself. Any and
all modifications to Font Software in any form, must be exclusively made by Faire Type. As the sole exception, if You purchased a Web License, You are permitted to subset the Web Fonts for the sole purpose of reducing file size. Faire Type will not provide subsetted fonts and any subsetted fonts are subject to the full terms and conditions of this EULA.

Font Files Protection

You agree to use reasonable measures to protect the Fonts from access and use by unlicensed third- parties. If You discover or are made aware of any unauthorized access and/or use by an unlicensed third party, You agree to notify Faire Type immediately.

Licensing Add-ons

The terms of any Licensing add-ons (meaning further licensing types, defined in add-ons to this EULA), are incorporated in the full terms of this EULA, unless otherwise noted.

Refunds, Warranty and Support

We do not give refunds. All sales are final. Fonts are provided “as is.” Faire Type disclaims all warranties, express or implied, of merchantability or fitness for a particular purpose in regards to the Font Software. If the Fonts are corrupted or delayed during transit or are found to contain a flaw, Faire Type will provide replacement Font Software for the same Font styles.

We are only able to provide customer support on applications able to run on one of the following operating system platforms, on versions that are under 5 years old: Apple MacOS, Apple iOS, Android, or Microsoft Windows, insofar as they support the Font files as they are supplied by Faire Type. Other operating systems are also covered under this agreement, but Faire Type can not offer any technical support.

Liability

In no event will Faire Type be liable to You or any other person or entity for any indirect, incidental, consequential or punitive damages, including loss of profit or goodwill, for any matter arising out of or relating to the subject matter of this EULA. Faire Type’s total liability for damages, if any, will be limited to the total fees paid by You to Faire Type.

Upgrades or Updates

Faire Type is not obligated to provide upgrades or updates of the Font Software for any reason. If upgrades and updates are offered, they will be the subject of a new license, which may have new terms and/or fees. Your acceptance of an upgrade or update will automatically terminate this EULA and Your right to use the version of the Font Software covered by this EULA.

Replacement of All Previous Agreements

This agreement replaces and supersedes any previously made oral or written proposal or agreement between You and Faire Type.

Multiple License Purchases

In the event of multiple license purchases over time by You for the same Faire Type Font family (such as for additional styles or an expansion of usage rights), if there are any differences in the terms between or among the EULAs issued in connection with the purchases, Faire Type will have the right to require that the terms in the latest EULA govern the entirety of Your licensed uses of all Font Software supplied to You. Faire Type may also impose consistent EULA terms on any related entities (such as foreign affiliates or franchisees) that place orders for the same Font Software.

Marketing

From the moment the use of a license is made in any way public by You, Faire Type is entitled to use Your Company’s name, as well as other trademarks, and images and videos of the use, for marketing purposes only.

Amendments

Faire Type reserves the right to unilaterally amend the terms of the License insofar as any provisions herein are rendered obsolete or incomplete by new or changed technology, effective as of the date of publication of notice of the amendment on Faire Type’s Website.

Transparency

If Faire Type so requests, You are required to provide complete, accurate answers to Faire Type’s questions concerning the size of your Company and/or equipment in which You have installed the Font Software and uses to which the Font Software has been put, certified by an officer of the Company.
In addition, upon at least 10 days’ advance notice, Faire Type may, either through its own employees
or through a third party designated by Faire Type, inspect Your records and equipment to verify compliance with the terms of the License. Faire Type will treat in confidence all information to which it has access in making an inspection, except as may be reasonable to enforce the License.

Breach of Contract; Termination

Your license is subject to termination in Faire Type’s sole discretion if You violate any of the terms and conditions stated herein. If You are found in breach of contract You have 7 days to cure the breach or Your license terminates.

In the event of the termination of Your License, You must destroy the Font Software and all copies thereof, as well as all materials containing the Font Software in all forms of media. You must promptly submit a declaration signed by an officer of the Company that attests to the destruction of the Font Software and materials in conformance with this License. No fees will be refundable to You upon termination. The cure of a violation or the termination of the License is without prejudice to Faire Type’s entitlement to damages and costs.

If You violate any of the provisions of this EULA, in addition to any damages the violation may cause Faire Type, Faire Type will be entitled to payment by You of the costs incurred by it to investigate and address the violation, enforce the EULA and/or finalize a settlement, including reasonable investigators’ and attorneys’ fees.

Governing Law

This EULA shall be governed by, and construed in accordance with the laws of the State of New York, excluding its rules governing conflicts-of-law. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this EULA. Any dispute relating to this Agreement will be decided solely in the courts located in the State and City of New York, and the parties irrevocably submit to the personal jurisdiction of said courts for that purpose.

October 2022