TEFF Licensing Terms
This Licensing Agreement, hereinafter to be referred to as “The Agreement”, contains the arrangements made between TEFF (The Enschedé Font Foundry), Waaldijk 79, 5327 AB Hurwenen, The Netherlands in this matter legally represented by Peter Matthias Noordzij, hereinafter to be referred to as ‘TEFF’ and you, or, if you represent a legal entity, that legal entity, hereinafter to be referred to as “Licensee”, and is applicable to the Font Software that you have ordered online, hereinafter to be referred to as “The Font Software”. By downloading The Font Software you agree tot be bound by the terms of The Agreement.
Terms of The Agreement:
Article 1
1.1 TEFF grants Licensee a non-exclusive right to use The Font Software exclusively for Licensee’s own benefit and exclusively as set forth in Article 2 of The Agreement, for as long as Licensee uses The Font Software to achieve its own business objectives.
Article 2
2.1 Licensee will appoint within its organization one [1] authorized user that shall be entitled to install The Font Software and to use it for word processing purposes and/or to use it to layout documents on no more than one [1] computer and one [1] output device belonging to the Licensee.
2.2 TEFF grants Licensee the right to print the documents containing The Font Software on no more than one [1] (laser)printer belonging to the Licensee in an unlimited quantity/impression and to (have) duplicate(d) the documents printed as such in an unlimited quantity/impression on paper through photocopy or print.
2.3 TEFF grants Licensee the right to put the documents printed and duplicated as aforesaid into circulation and to distribute them.
2.4 TEFF grants Licensee the right, exclusively for the purpose of protecting The Font Software and exclusively for himself, to make one [1] (back-up) copy of The Font Software.
2.5 If the number of either users, or computers, or input devices, or cpu’s, or printers, or output devices mentioned in this article exceeds one [1], Licensee shall be obliged to enter into a new agreement with TEFF containing a multi-user licence. The terms of this new agreement will be set by TEFF according to its standard terms and rates.
Article 3
3.1 If Licensee does not possess a high resolution imagesetter (2540 dpi), Licensee shall be entitled to have documents with the accompanying Font Software printed out at a service agency which has not licensed The Font Software itself, provided that Licensee and this agency contract to comply with the content of the Service Agreement attached to The Agreement as an appendix and both parties meet all commitments of the Service Agreement in full.
Article 4
4.1 The Font Software put at the Licensee’s disposal, the installed Font Software and the backed up Font Software remain the property of TEFF.
4.2 For all The Font Software covered by this Agreement, the following shall apply:
Copyright Burgundica 2008 by TEFF.
Burgundica is a Trademark of TEFF.
Copyright Collis 1993 by TEFF.
Collis is a Trademark of TEFF.
Copyright Geronimo 1998 by TEFF.
Geronimo is a Trademark of TEFF.
Copyright Lexicon 1992 by TEFF.
Lexicon is a Trademark of TEFF.
Copyright Lexicon Headline 1993 by TEFF.
Lexicon Headline is a Trademark of TEFF.
Copyright Open Kapitalen ©1998 by TEFF.
Open Kapitalen is a Trademark of TEFF.
Copyright Renard 1993 by TEFF.
Renard is a Trademark of TEFF.
Copyright Ruse 1991 by TEFF.
Ruse is a TradeMark of TEFF.
Copyright Trinité 1991 by TEFF.
Trinité is a Trademark of TEFF.
Copyright Trinité Titling 1991 by TEFF.
Trinité Titling is a Trademark of TEFF.
4.3 Licensee shall refrain from altering, adapting, editing, modifying, or converting The Font Software covered by this Agreement in any way whatsoever without prior written permission from TEFF.
Article 5
5.1 Licensee shall carefully control The Font Software put at his disposal, the installed Font Software and the backed up Font Software and shall refrain from putting The Font Software at any third party’s disposal.
5.2 Licensee shall protect The Font Software put at his disposal and the backed up Font Software against unauthorized or improper use by third parties.
5.3 Licensee shall not transfer the licence issued to him to a third party, neither partially, nor completely.
5.4 Without prior written permission from TEFF Licensee shall refrain from putting documents, files or data in which The Font Software are embedded, at any third party’s disposal and refrain from making documents, files or data in which The Font Software are embedded available to any third party.
Article 6
6.1 TEFF guarantees for a restricted period of three (3) months as of the date on which the fonts are received that The Font Software put at Licensee’s disposal will function.
6.2 In the event of a complaint within three months, TEFF shall be committed at most to replace The Font Software with new copies.
Article 7
7.1 TEFF’s liability on account of this Agreement is restricted to the amount paid for The Font Software.
7.2 TEFF shall not be liable for losses such as reduced sales or decreased goodwill in Licensee’s business or trade.
Article 8
8.1 Licensee shall not use The Font Software put at his disposal until the costs for The Font Software, handling and administration have been paid in full.
8.2 The price of The Font Software does not represent the full economic value of The Font Software and shall be, if applicable, exclusive of VAT.
Article 9
9.1 TEFF shall be entitled to dissolve this Agreement partially or completely if Licensee fails to meet the commitments of a single obligation mentioned in this Agreement, especially the obligations in Article 1.1, 2.1, 2.2, 2.4, 5.1, 5.2 and 5.4.
9.2 If this Agreement is dissolved for reasons pertaining to Article 9.1, Licensee shall upon first request settle an indemnification amounting to the price of The Font Software charged to Licensee.
Article 10
10.1 This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed and interpreted in accordance with the laws of The Netherlands.
10.2 Parties hereto irrevocably submit for any action or proceeding relating in any way to this Agreement, insofar that they exceed the jurisdiction of the Cantonal Court, to the exclusive jurisdiction of the Rotterdam District Court and, as the case may be, to the appropriate Appellate Court thereof.