End-user License Agreement (EULA)
Last Updated: August 31, 2024
This End User License Agreement ("EULA") is a legal agreement between you (the "Licensee") and Bijou Type ("Licensor") regarding the use of the font software ("Fonts"). By downloading, installing, or using the Fonts, you agree to the terms of this EULA. If you do not agree to the terms of this EULA, do not download, install, or use the Fonts.
1. Grant of License
Upon payment of the applicable license fee, Bijou Type grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Fonts as specified in this EULA. The scope of your license (including the number of devices, users, webpage views, or application installations) is determined by the specific licensing option you selected at the time of purchase.
a. Desktop License
Installation and Use: You may install and use the Fonts on three (3) devices or workstations within your organization, per user, as determined by your chosen license at the time of purchase.
Usage: The Fonts may be used for creating printed materials, static digital images, and other graphic design outputs for both personal and commercial projects.
User Limits: The number of users allowed under this license is determined by the license option selected at the time of purchase.
b. Self-Hosted Webfont License
Embedding: You may embed the Fonts on your website(s) via self-hosting. This license does not cover the use of third-party web font hosting services.
Usage Limits: The use of Fonts on websites is limited to a maximum number of page views per month, as determined by your chosen license at the time of purchase. If your website traffic exceeds this limit, an extended license is required.
Security Measures: You must ensure that reasonable efforts are made to prevent unauthorized access to or extraction of the Fonts from your website, including using CSS obfuscation or other technical measures.
c. Application License
Embedding in Applications: You may embed the Fonts in software applications, eBooks, or digital publications. The number of installations or downloads permitted under this license is determined by the license option selected at the time of purchase.
Distribution: The distribution of Fonts embedded within an application must be in a secure format that does not allow the Fonts to be extracted.
d. EPub License
Embedding in Publications: You may embed the Font Software in the number of publications specified at the time you purchased this license, for the purposes of providing the display of text and graphics on e-book or e-reader type devices. Such uses include, but are not limited to, embedding the Font Software in the .pdf, .mobi. txt. html, epub, or iBooks formats.
Distribution: You are not permitted to transmit copies of the Font Software to the users outside of the e-book software.
2. Restrictions
The following restrictions apply to your use of the Fonts:
No Redistribution: You may not distribute, share, or sell the Fonts to any third parties, whether as standalone software or integrated into other products, except as expressly permitted by this EULA.
No Modifications: You may not modify the Fonts or create derivative works based on the Fonts without the prior written consent of Bijou Type. Personal use modifications are allowed, provided they are not distributed.
No Embedding in Hardware: You may not embed the Fonts in any hardware devices without a separate license agreement.
No machine learning. You may not train any AI or machine learning algorithm using the Font Software.
3. Intellectual Property Rights
Ownership: All rights, title, and interest in the Fonts, including all intellectual property rights, remain with Bijou Type. The Fonts are protected by copyright, trademark, and other applicable laws.
Trademark Use: Any trademarks associated with the Fonts are the property of Bijou Type. You are not granted any rights to use these trademarks apart from using the Fonts as specified in this EULA.
4. Warranties and Disclaimers
Limited Warranty: Bijou Type warrants that the Fonts will function as described when used in accordance with the provided instructions. This warranty is valid for ninety (90) days from the date of purchase.
Disclaimer: The Fonts are provided "as is," without any warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Bijou Type does not warrant that the Fonts will meet your specific requirements or that their operation will be uninterrupted or error-free.
5. Limitation of Liability
Liability Cap: In no event shall Bijou Type's total liability to you exceed the amount you paid for the Fonts.
Exclusion of Damages: Bijou Type shall not be liable for any indirect, incidental, special, or consequential damages arising out of the use or inability to use the Fonts, even if advised of the possibility of such damages.
6. Termination
Breach of Agreement: This EULA is effective until terminated. Bijou Type may terminate this EULA immediately if you fail to comply with any term of this EULA.
Effect of Termination: Upon termination, you must immediately cease using the Fonts and delete all copies in your possession or control.
Survival: The provisions concerning intellectual property, warranties, liability, and governing law shall survive the termination of this EULA.
7. Governing Law and Dispute Resolution
Governing Law: This EULA shall be governed by and construed in accordance with the laws of Oregon, United States, without regard to its conflicts of law principles.
Dispute Resolution: Any disputes arising out of or in connection with this EULA shall be resolved exclusively by the courts of Oregon, United States; however, Bijou Type reserves the right to seek injunctive relief in any court of competent jurisdiction to prevent or stop unauthorized use of its intellectual property.
8. Miscellaneous
Entire Agreement: This EULA constitutes the entire agreement between you and Bijou Type regarding the Fonts and supersedes any prior agreements or understandings, whether written or oral.
Amendments: Bijou Type reserves the right to amend this EULA at any time. Any changes will be effective upon notice to you or by posting the revised EULA on the Bijou Type website.
Severability: If any provision of this EULA is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
No Waiver: The failure of Bijou Type to enforce any provision of this EULA shall not be deemed a waiver of its right to enforce such provision in the future.
NO REFUNDS: The Font Software is non-returnable and non-refundable.
9. Acceptance
By downloading, installing, or using the Fonts, you acknowledge that you have read, understood, and agree to be bound by this EULA. If you do not agree, do not download, install, or use the Fonts.
All inquiries may be sent via e-mail to: info@bijoutype.com