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EULA V6

THIS DOCUMENT IS VOID AND NON VALID

This license agreement has been discontinued since 01/01/2021 00:00:00 CET. It is here for archival purposes only.

This license Agreement (hereinafter the "License Agreement”) has as its purpose the provision by the company Production Systems SAS, a simplified stock company with share capital of €10,000 registered on the Paris trade and companies register under number 799731575, with its corporate headquarters at 255 rue du Faubourg Saint-Antoine 75011 Paris - France (hereinafter “Production Systems SAS”) of the Font Software and its components, including the Font and the Typeface (as defined below) to the user of the Font, Typeface and the Font Software (hereinafter the "User”).

Production Systems SAS and the User are hereinafter jointly defined as the “Parties” or individually a “Party”.

ARTICLE 1 – DEFINITIONS

“Typeface/s” refers to all graphic representations of a character and/or glyph, its weight, ornaments and graphics generated by the Font Software by using the Font, or deriving from same and created by Production Systems SAS, and including rasterized, as well as derived images (bitmap, for example);

“Font” refers to the complete set of characters of a same typeface created by Production Systems SAS, particularly all glyphs of the alphabet, as well as all figures and all characters making up a typeface;

“Font software" refers to the software whose functionalities are described in Annex 1 of this agreement, which integrates the Font and enables the generation of the typeface and, as applicable, the ornaments and other characters attached to a Typeface, it being specified that the Font Software also includes the Associated Documentation as defined below.

“Associated Documentation” designates the information, functionalities and technical documentation linked to the Font Software and, more generally, the Font, and Typeface, and enabling their use, as detailed in the support section linked on the Website, it being specified that the Associated Documentation applicable to an order is that documentation passed on to the User, with the Purchase Order, on confirmation of his order, particularly by e-mail when the order is made online, the proof of functionalities and the technical documentation associated with the Font Software being established on the basis of the Associated Documentation thus passed on to the User;

ARTICLE 2 – PURPOSE

The purpose of the License Agreement is to grant the non-exclusive right of use to the Font Software, and to specify the conditions under which Production Systems SAS authorizes the User to use the Font Software and its components, including the Font and the Typeface.

ARTICLE 3 – USER LICENSE

Production Systems SAS grants the User, subject to their full respect of this License Agreement, and in particular subject to full payment of the remuneration agreed between the Parties as indicated in article 7 of this agreement, a non-exclusive authorization to use the Font Software.

The scope of the authorization granted varies according to the needs and choice of the User from among the different authorizations listed below, and as defined in this article 3:

  • Desktop License;
  • Audio-visual and film License;
  • Web License;
  • Mobile Application License;
  • Web server License and PDF server;
  • EPub License.

It is specified that the amount of remuneration paid by the User for the authorization to use the Font Software granted by Production Systems SAS may vary according to the scope of the authorization, and more specifically according to the license(s) selected, which the User acknowledges.

The choice of the User, and consequently the scope of the authorization granted by Production Systems SAS, is indicated in the purchase order summarizing the choice of license(s), as well as the price of each license and the total price as passed on to the User upon confirmation of his order, particularly by email when the order is made online (hereinafter, the "Purchase Order").

This Purchase Order is prepared by Production Systems SAS, (i) either through its website at, http://www.productiontype.com/, in which case the User is also subject to the terms of use of the website and the download service, with this License Agreement prevailing in case of dispute, (ii) or directly by Production Systems SAS.

The Parties understand that the authorization granted by Production Systems SAS does not transfer to the User any of the rights of Production Systems SAS to the Font Software and all its components, with Production Systems SAS retaining sole title to the exclusive Font Software and all its components, and all associated trademarks.

The user has an obligation, to a reasonable extent, to credit Production Systems SAS as the originator and, more generally, attribute all credits necessary to identify Production Systems SAS as the holder of all rights attached to the Font Software, pursuant to article 6 of this agreement. The User agrees to remove none of the credits and copyrights contained in the Font Software.

The authorization granted allows the User to use the Font Software in accordance with instructions and functionalities as described in the Associated Documentation, for the specific personal needs of the User and/or their commercial activity, particularly for promotional and publicity purposes.

Depending on the authorization chosen, the User may, both with regard to the right of reproduction and to right of representation, use the Typeface on printed documents, electronic documents, graphic design, or in online services and/or on websites, either for integrating the Typeface in media intended to be broadcast and/or distributed in the cinema, or loaded in applications. These different methods of exploitation being cumulative, depending on the options chosen by the User, and subject to full payment of the price of the license(s) chosen by the latter, it being specified that the user’s right to use the Font Software is, in all cases, limited to the executable code, and that any attempt to access the source code of the Font Software is prohibited.

3.1 DESKTOP LICENSE

By "desktop”, is meant any use of the Font Software on a tangible and/or digital media, enabling editing by the User alone, then the display and printing of text including the Typeface on a tangible media, internally or as part of the User's commercial activity, and as an accessory to this activity, to the exclusion of any commercial use of the Font Software and/or the Typeface themselves, and focused on the same design and the form of the Typeface (hereinafter the "Desktop License").

The Font Software may thus be used to create printed documents, books, newspapers, reviews and, more generally, as part of any literary and media publishing activity, for creating the User’s packaging, visual identities and/or logos, manufactured products and/or derivatives bearing the visual identity and/or logos thus created, and in which the Typeface may appear. The Font Software may also be used to create digital documents containing the Typographical Characters and intended for printing.

Under this license, it is specified that the Font Software may under no circumstances be distributed and/or transmitted to a third party, and that there is only authorization for the distribution/ commercial or otherwise, of Typeface in the form of vector images or bitmaps, or in any other uneditable format of images enabling a representation of Typeface in digital form. The reproduction and representation of Typographical Characters in this form is particularly authorized on websites and/or in applications.

The use of the Font Software is authorized for static text only, not dynamic. Use for dynamic text editable by a third party and/or the printing of variable data is not part of the Desktop License. The dynamic display of Typefaces is not authorized either.

The User recognizes that he may not supply the Font Software in a format enabling extraction. Nevertheless, if no other option is available, the User may transmit a digital copy of the Font Software used in a digital document for the attention of a third party service provider requiring the transmission of a document containing the Font Software, such as a service bureau or printer, for the use by the latter and preparation of the document within the strict framework of the service performed at the request of the User, and as long as the service provider destroys all copies of the Font Software once the service has been performed. This special authorization is without prejudice to respect by the User of the obligations set out herein, and particularly this Article and Article 9. Also, the user recognizes that the transmission of a document in PDF format set to "printing and viewing only" is the first and best method for transmitting such documents to a service bureau or printer.

Within the framework of his use of the Font Software, the User is authorized to install the Font Software for a defined number of sub-users, and any other copy is prohibited.

It is specified that when the User is a legal entity, the sub-users indicated in the previous paragraph must all be employees of the company to which the License Agreement is granted.

The User may furthermore install and use the Font Software on 1 (one) file server, for use on a local network (LAN), solely in the case where use of the Font Software is expressly limited to the total number of sub-users that may install the Font Software under this agreement, corresponding to the total number of sub users having authorization to use the Font Software simultaneously, and not the total number of persons that may have access to the Font Software at any moment.

3.2 AUDIO-VISUAL AND FILM LICENSE

The authorization to use the Font Software for "audio-visual" purposes covers uses of the Font Software enabling the including of including the Typeface in audio-visual content intended to be broadcast or distributed during projections, particularly in the cinema, on the television and in content distributed online (hereinafter the "Audio-visual and Film license").

The Audio-visual and film license is granted:

  • Either for a specific audio-visual work, which is thus indicated in the Purchase Order, it being specified that the Audio-Visual and Film license then covers solely the work envisaged in the Purchase Order, and does not enable use of the Font Software and/or the Typeface for any other audio-visual work, even linked to that for which the Audio-visual and Film License was concluded, and in particular sequels, prequels and spin-offs;

  • Or for a television channel published by the User, for all broadcasts and, more generally, all programs designed exclusively for and distributed exclusively on this channel, which is indicated in the Purchase Order.

Under the Audio-visual and Film License, and in order to enable the integration of Typeface within audio-visual content, the User may use the Font Software to create electronic documents and/or digital files.

The use of the Font Software is authorized for static text only, and not dynamic. Use for dynamic text editable by a third party is not part of the Audio-visual License. The dynamic display of Typefaces is authorized.

The User recognizes that he may not supply the Font Software in a format enabling extraction. Nevertheless, if no other option is available, the User may transmit a digital copy of the Font Software used in a digital document for the attention of a third party service provider requiring the transmission of a document containing the Font Software, such as a creator or specialist in visual effects, for the use by the latter and preparation of the document, strictly for the service performed at the request of the User, and as long as the service provider destroys all copies of the Font Software once the service has been performed. This special authorization is without prejudice to respect by the User of the obligations set out herein, and particularly in this Article and Article 9. Also, the user recognizes that the transmission of a file, for example a layer, embedding the Typeface but not enabling the access and/or extraction of the Font Software is the first and best method for transmitting such files to a provider.

3.3 WEB LICENSE

By "web," we mean any use of the Font Software in EOT, WOFF, SVG formats in the digital realm for online use, and exclusively integrated into a website whose domain name is specified in the Purchase Order, as well as an unlimited number of sub-domains related to the domain contained in the Purchase Order enabling the display of Typeface on screen only, whatever the access device used (personal computer, smart phone, tablet, etc.) (hereinafter the “Web License”).

The use of the Font Software within the framework of the Web License is authorized for a domain name indicated in the Purchase Order, and for all its sub-domains, and whose monthly number of visitors is also specified in the Purchase Order. If the number of monthly visitors is exceeded over three (3) consecutive months, the user must request a new license specifying a higher number of visitor numbers.

Use of the Font Software is authorized for the creation of text on websites, and to enable static and/or dynamic display of Typeface on screen exclusively, it being specified that the Web License gives no authorization to print elements displayed on screen containing Typeface and generated on the basis of and/or deriving from the Font Software. The editing of dynamic text by a third party is authorized.

The Font Software may be used to create electronic documents and/or digital files and/or may be copied in data bases produced by the User enabling their use to generate characters and/or editorial and/or creative services online published by the User. It is specified that the reproduction of the Font Software is only authorized here to the extent that it is the necessary accessory to the dynamic use of the Font Software and its execution with a view to generating websites and/or pages using the Font Software, and the consultation by web users of said websites and/or pages using the Font Software.

A provider supplying remote storage services (remote servers, cloud, etc.) to the User is authorized to copy the Font Software, as part of a web use requiring the remote execution of the Font Software, it being specified that the Font Software must then be supplied in a format which does not enable extraction, and that only the copy of the executable version of the Font Software is authorized.

In the event that the correct functioning of the website and/or online service created by the User requires storage of the Font Software in the storage space, in a format that permits it, which enables the extraction, editing, alteration, enrichment and/or modification by a third party, the user undertakes to inform the provider of the need to prevent any extraction, reproduction and/or representation of the Font Software and/or all reproductions other than those strictly necessary for the operation of the website and/or online service created by the User.

The User indemnifies Production Systems SAS against all representations and/or reproductions of the Font Software outside of the Web License, particularly in the form of a copy and/or links to font sites. The User acknowledges that he is solely liable in the case of representation, reproduction and/or extraction of the Font Software, particularly by uses of website(s) the domain names for which are specified in the Purchase Order which are not authorized to store a copy of the Font Software, and may only execute it to generate websites, attached or otherwise, to the domain name recorded in the Purchase order and its sub-domains. The User furthermore undertakes to make all reasonable efforts to prevent the extraction of the Font Software, and in particular the setting up of links to the Font Software from font hosting websites.

3.4 MOBILE APPLICATION LICENSE

Authorization to use the Font Software in applications covers use of the Font Software when it is copied and loaded into an application specified in the Purchase Order that the User may download in order to display the Typeface on screen during execution of operating systems for mobile terminals and particularly iOS, Windows Mobile and Android, for use of the Font Software in the specific formats adapted to these terminals and operating system, it being specified that Production Systems SAS reserves the right to amend the list of operating systems for mobile terminals subject to the stipulations of article 13.3 herein (and therefore exclusively on smartphone, tablet, and excluding PCs), this use covering applications for smartphones and tablets, including downloadable games, executable solely on these mobile terminals, the authorization of use not covering video games executable on PCs or game consoles (hereinafter the “Mobile Application License”).

Use of the Font Software is authorized to enable the static and/or dynamic display of typographical characters on screen. The editing of dynamic text by a third party is authorized. Under a Mobile Application license, a copy of the Font Software may be made for embedding into the application for which the Mobile Application License was granted, and its use enabling the dynamic display of Typeface, it being specified that only the executable version of the Font Software may be used and notified to the end user.

The Font Software may not be used to create electronic documents and/or digital files that the user may embed into the application.

It is specified that within the framework of Mobile Application Licenses, the User undertakes to load the Font Software into the application in a secure manner, and such that the Font Software is not accessible by the final user, and is not in the font library, the use and/or execution of the Font Software being strictly limited to the application for which the Mobile Application License was granted.

Under the Mobile Application License, the Font Software may not be copied in remote databases produced by the User and enabled to generate Typeface and/or editorial and/or creative content requiring the execution of the Font Software via a remote connection during execution of the application with which the Font Software is used. Likewise, the copying of the Font Software by a provider supplying remote storage services (remote servers, cloud, etc.) for the User is not authorized.

3.5 DOCUMENT SERVER LICENSE

The authorization to use the Font Software on document servers on an Intranet or the Internet covers use of the Font Software on a server identified in the Purchase Order enabling creation by the User alone, the display and printing of text comprising Typographical Characters in digital format and/or tangible format (hereinafter the "Document License Server").

The Font Software may also be used to create printed documents containing the Typeface. The Font Software may also be used to create digital documents containing the Typographical Characters and intended for printing.

Under the Document Server License, a copy of the Font Software may be made for embedding into the server as identified in the Purchase Order. If the User wishes to use the Font Software for more than one server, the User must obtain as many Document Server Licenses as servers into which he wishes to incorporate the Font Software.

Use of the Font Software is authorized for static and dynamic text, including the dynamic display of Typeface and the dynamic publication of the text, it being specified that only the executable version of the Font Software can be used and integrated into the server identified in the Purchase Order. The printing of variable data is part of the Document Server License.

3.6 EBOOK-EPUB LICENSE.

Use of the Font software in Ebooks covers the use of the Font Software in Kindle AZW, PDF, EPUB, Broadhand eBooks and Mobipocket formats for publication by the user, through the Typeface, of the digital work specified in the Purchase Order, and consultable via specific applications (Ebook readers), and on display terminals enabling the digital display of content (Kindle, iPad, etc.) (hereinafter the “Ebook License”).

The use of the Font Software is authorized to enable the static display of Typeface on screen. The editing of dynamic text by a third party is not authorized. The Ebook license does not cover the printing of digital texts on tangible media.

Within the framework of the Ebook license, a copy of the Font Software may be made with a view to its embedding into the application for which the Ebook license was granted, and its use enabling the dynamic display of Typeface, it being specified that only the executable version of the Font Software may be used and notified to the end user.

The Font Software may only be used to create the sole digital work indicated in the Purchase Order. If the User wishes to use the Font Software for more than one work, the User must obtain as many Ebook Licenses as works into which he wishes to embed the Font Software.

It is specified that within the framework of the Ebook License, the User undertakes to load the Font Software into the work in a secure manner, and such that the Font Software is not accessible by the final user, and is not in the font library, the use and/or execution of the Font Software being strictly limited to the work for which the Ebook License was granted.

Under the Ebook License, the Font Software may not be copied in remote databases produced by the User and enabling its use to generate Typeface and/or editorial and/or creative content requiring the execution of the Font Software via a remote connection during consultation of the work with which the Font Software is used. Likewise, the copying of the Font Software by a provider supplying remote storage services (remote servers, cloud, etc.) for the User is not authorized.

Within the framework of his use of the Font Software, in order to publish the work identified in the Purchase Order, the User is authorized to install the Font Software for an unlimited number of sub-users, and any other copy is prohibited.

It is specified that when the User is a legal entity, the sub-users indicated in the previous paragraph must belong to the company to which the License Agreement is granted.

The User may furthermore install and use the Font Software on 1 (one) file server, for use within the framework of a local network (LAN), solely in the case where use of the Font Software is expressly limited to the total number of sub-users that may install the Font Software under this agreement, corresponding to the total number of sub user(s) having authorization to use the Font Software simultaneously, and not the total number of persons that may have access to the Font Software at any moment.

The user undertakes to delete any copy of the Font Software completed following publication of the digital work specified in the Purchase Order for the publication of which the User concluded the Ebook License.

3.7 GENERALITIES APPLICABLE TO ALL LICENSES

The components of the Font Software are granted under the license selected as a single unit. The User is not authorized to separate the components and install them on different devices.

Outside the cases set out above, and expressly authorized in points 3.1 to 3.6 of this Article 3, the User is not authorized to represent, reproduce and/or distribute the Font Software. The User is not authorized, in particular, to:

  • Copy or allow any third party to copy the Font Software;
  • Market, hire, sub-license, give, lend, distribute or otherwise provide the public with the Font Software, or allow any third party to do so;
  • Modify, edit, adapt, translate the Font Software, or create derivative works based on the Font Software, or allow any third party to do so; in particular, the User is not authorized to modify or amend the digital data characteristics of the Font Software, wholly or partially. In particular, the User is not authorized to modify the Typeface, including, in particular, the creation of additional weights, the creation, modification or removal of existing glyphs, metrics, spacing and kerning, or allow any third party to do so;
  • Carry out the reverse engineering, decompiling, disassembly, alteration and attempts to access the source code of the Font Software, or to allow any third party to do so; in the event that Production Systems SAS authorizes the User to carry out one of the acts set out herein, any modification shall become and remain the exclusive property of Production Systems SAS, and the User may not market, lend or transmit these modifications or additions to the Font Software to any third party, or allow any third party to do so; these stipulations apply without prejudice to applicable mandatory legal provisions and treaties, particularly relating to inter-operability, and solely to the extent that the decompiled data is necessary to inter-operability and has not been provided by Production Systems SAS, after written request by the User;
  • Convert the Font Software into another format for use on other operating systems or other formats, or allow any third party to do so, Production Systems SAS being solely authorized to supply the Font Software in different or supplementary formats, after preparing a specific quote at the request of the User; in the event that Production Systems SAS converts the Font Software, any conversion shall become and remain the exclusive property of Production Systems SAS, and the User may not sell, lend or transmit these modifications or additions to the Font Software to any third party, or allow any third party to do so.

The User may nevertheless make 1 (one) back-up copy of the Font Software beyond the copies used for operating purposes expressly authorized in points 3.1 to 3.6 of this Article 3, solely for the purposes of archiving, and agrees to protect and control this copy. The User may only use this copy for the purposes of reinstalling the Font software, which he acknowledges. In case of termination of the License Agreement, the User must immediately destroy the original and all copies of the Font Software under the conditions set out in Article 9 of this agreement.

The Font Software may not be used to create a digital file in which all or part of the Font Software is incorporated in a format that enables its extraction, editing, alteration, enrichment or modification by the recipient of such a document, in any way whatsoever. This prohibition includes the extraction of vector contours.

It is specified, for all useful purposes, that the User may not transmit the file including the Font Software to any third party that could extract the Font Software from such a file, except in the cases, and for the purposes, expressly authorized in points 3.1 to 3.6, and subject to the condition that the license selected by the User enables such a use, and that the person to whom the Font Software is transmitted is informed of the prohibition against reproducing, distributing, providing to the public, disseminating, executing or more generally exploiting in any way, free or at cost, the Font Software, and of his obligation to destroy it after performing the service when the person in question is a provider rendering a service for the User.

Use of the Font Software is not authorized for on-board electronic systems, which include the use of the Font Software integrated into equipment, whether portable or integrated into a vehicle. For example, and non-exhaustively, such on-board systems include interactive terminals, portable game consoles, smartphones or tablets, regardless of whether the display and/or creation of a copy of the Typeface springs from the usage of the Font Software or an image of the Typeface in tiff, gif or any other format.

The sharing, lending, unauthorized hire or marketing or incorrect use of the back-up copy constitutes a material breach under the terms of the License Agreement, whatever the license selected by the User, the immediate cancellation of this License Agreement springing therefrom, subject to any damages.

The user is generally prohibited from any use and/or exploitation of the Font Software outside the scope determined by this License Agreement and, in particular, outside that of the specific license(s) selected by the User, and for which he has obtained authorization.

Any use which is not expressly authorized herein is prohibited, and the rights which are not clearly granted to the User are reserved for Production Systems SAS. Any reproduction or representation, fully or partially, for purposes other than the authorized usage, is prohibited. The failure to respect this prohibition constitutes an infringement that could incur the civil and criminal liability of the offender.

The user guarantees Production Systems SAS against all representations and/or reproductions, particularly in the form of a copy, of the Font Software outside the framework of the License Agreement, and acknowledges that he shall be solely liable in the event of representation, reproduction and/or extraction of the Font Software, in particular by end users who are not authorized to access the Font Software, and to use it in anything other than executable form.

For greater certainty, it is specified that if the User is a service provider and downloads the Font Software for his own use, the license granted does not cover user of the Font Software for any of the User's customers. As applicable, and if he so wishes, the User’s customer must acquire a license. These stipulations apply without prejudice to the cases set out in points 3.1 to 3.6 of this Article 3, where the User's customer is authorized to copy the Font Software and/or execute it, subject to respect for the conditions and purposes for which these authorizations are granted, and respect for the stipulations in Article 6 herein.

Finally, it is specified that without the prior upgrading of this License Agreement or conclusion of a new license Agreement, it is prohibited to use the Font Software for the production of an alphabet (or any product, including any derivative product, linked to the form of letters) and/or for the creation of products and/or devices for the creation of forms of letters with a view to their marketing, or otherwise, such as, and without this constituting a limitation, stamps, decals, tattoos, stencils, adhesive letters. Likewise, use of the Font Software and Typeface is not authorized for any reproduction of Typeface on any derivative products such as clothing, textiles, decor, crockery, stationary when such a reproduction is not accessory to the commercial activity of the User, but is a commercial exploitation of the design and form of the Typeface themselves.

Under no circumstances may the user consider that he is the owner of the digital files that Production Systems SAS makes available to the User. The physical control of files is only granted to allow him to enjoy the rights granted and subject to the authorization given, and these files are only ancillary to the License Agreement.

Whether the User is a physical person or legal entity, the User must ensure that either the members of the household or members of the acquiring legal entity, employees, agents, as well as any provider called upon to use the Font Software are informed of the terms and conditions of the License Agreement, and that they agree to be bound by it before using the Font Software, to which the User agrees.

Pursuant to Article l.131-9 of the Intellectual Property Code, it should be recalled that Production Systems SAS has the option of resorting to the technical measures set out in Article L.331-5 of the Intellectual Property Code, as well as information in electronic form set out in Article L. 331-11 of the same Code.

The digital files of the Font Software may thus be protected by technical measures for protection and information, or "Digital Rights Management Systems", that is to say protection systems making it possible to control their use and in particular their copying. Their main purpose is to offer Users the maximum flexibility in the use of the content made available, while protecting intellectual property rights. The User is prohibited from taking any measure aimed at misappropriating or infringing on the technical measures for protection and information. The User expressly recognizes and accepts that the technical measures of protection and information may limit or revoke his access to one or several Font Software programs, as well as the use that may be made thereof. The User also agrees to the automatic updating of technical measures for protection and information, and the associated consequences.

It is expressly agreed between the Parties that this specific commitment constitutes an essential and determinant obligation without which Production Systems SAS would not have concluded the Agreement.

If the User is not sure that the use he intends to make of the Font Software is authorized, he must contact Production Systems SAS for verification.

The absence of a request for authorization by the User and/or the absence of any specific prohibition in the License Agreement may not be interpreted as an authorization or authorized usage under any circumstance whatsoever.

To get a license supplement, the User must contact Production Systems SAS at info(at)productiontype.com for further information.

ARTICLE 4 – DURATION AND TERRITORIALITY OF THE LICENSE

The License Agreement takes effect:

  • Either at the moment when, on the website of Production Systems SAS available at the following URLhttp://www.productiontype.com/, the User, wishing to create a User account and/or download the Font Software, chooses to tick the box “I have read and fully accept all the rules set out by this License Agreement” ;
  • Or on the signing of this License Agreement by the Parties as identified at the end of this agreement.

The right to use the Font Software granted within the framework of the License Agreement is granted, according to that indicated in the Purchase Order:

  • For a term of one (1) year from the date on which the License Agreement takes effect;

  • For the legal protection period by copyright of the Font Software, and all its components, including the Font and Typographical Characters, as currently in force, or that which may result from any legislative change, the new protection period able, in the event of a change, to vary from one component of the Font Software to the other, depending on the work concerned.

The License(s) selected by the user as described in Article 3 of this agreement are granted for the whole world.

ARTICLE 5 – INTELLECTUAL PROPERTY

The Font Software, all its components as well as all registered trademarks associated with the latter, and all elements that make it up, and in particular the Font and Typographical Characters, are the exclusive property of Production Systems SAS, which the User acknowledges.

All rights not expressly granted herein are reserved for Production Systems SAS, which the User acknowledges.

It is specified that Production Systems SAS, its successors and beneficiaries, expressly retain all legal rights to the Font Software and all its components, the scope of the legal right being envisaged in distributive form by component, according to the type of work.

The User recognizes that any unauthorized use of the Font Software is a violation of the rights of Production Systems SAS causing significant financial damage to Production Systems SAS.

In case of violation of the rights of Production Systems SAS by the User, production Systems SAS reserves the right to claim any remuneration it would normally have a right to, without prejudice toward any other financial compensation of any nature resulting from an infringement of said rights.

ARTICLE 6 – CITATIONS

It is agreed between the Parties that all copies of the Font Software that the User is expressly authorized to make must bear the same citations pertaining to copyright or trademark law appearing on or in the Font Software.

Likewise, for any use of the Font Software, and in particular the Font and Typographical characters comprising it, within the framework of its commercial activity, particularly for its promotional activity, the user must display citations pertaining to copyright or trademark law attached to the Font Software and its components, for example in a dedicated "credits" or "coda" section.

ARTICLE 7 – FINANCIAL CONDITIONS

In consideration for the authorization granted to it under Article 3 of this agreement, the User shall pay Production Systems SAS the sum, in Euros excluding tax, indicated on the purchase order supplied to the User, either electronically in their User account and/or by email, or directly by Production Systems SAS and corresponding to the license(s) selected by the User and identified individually on the Purchase order, the price of each license being indicated on the Purchase Order, as well as the precise name of each Font Software program.

Payment of the sum due by the User for the authorization granted in Article 3 of this agreement is made:

  • For any order made directly to Production Systems SAS, on receipt of the invoice sent by Production Systems SAS to the User, VAT shall be applied in addition to rates and conditions in force;

  • For any order made online, directly after confirmation of the order of a Font Software program made on the website of Production Systems SAS, VAT shall be applied in addition to the rates and conditions in force, to full payment conditions for the sending of a link to the User's account, enabling them to download the selected Font Software.

It is specified that in all cases, the Font Software is only made available to the User subject to the condition that the entire price has been paid to Production Systems SAS, in the absence of specific contractual conditions expressly authorized by the Parties.

ARTICLE 8 – GUARANTEES

8.1 The User guarantees that he has the legal capacity to agree to this License Agreement, and that he has read and understood the License Agreement. The User expressly recognizes that in using the Font Software, he agrees to be bound by the terms and conditions of this License Agreement.

The User guarantees that either the members of the household or the members of the acquiring legal entity, employees and agents as well as any provider called upon to use the Font Software are informed of the terms and conditions of this License Agreement, and agree to be bound by it before using the Font Software.

In case of use of the Font Software unauthorized by this License Agreement, both by himself or by members of the household or members of the acquiring legal entity, employees and agents, as well as any provider or customer, the User acknowledges that he is fully liable towards Production Systems SAS, and undertakes to compensate it in this respect.

8.2 Production Systems SAS guarantees that it has the legal capacity to grant this License Agreement, and that it holds all the intellectual property rights to grant the authorizations set out in Article 3 of this agreement to the User.

Production Systems SAS retains exclusive title to the intellectual property rights attached to the Font software and all its components in all their versions.

Production Systems SAS shall hold the User harmless against any claim or suit that might be brought by any physical persons or legal entities that claim any rights whatsoever to all or part of the Font Software, and/or its components and/or their use by the User, as long as:

- The User has notified, within a reasonable period of time, the action or suit or declaration that preceded the dispute;

- Production Systems SAS has been able to freely conduct, at its own cost, the defence of its own interests as well as those of the User, and particularly that it has given its agreement to the choice of the attorney(/s) entrusted with the defense and that, within the procedure, the User has loyally collaborated in said defense by providing, in due time, all the elements of information and assistance reasonably necessary to successfully conduct said defense.

8.3 Production Systems SAS contractually guarantees the correct operation of the Font Software and its components, over the 30 (thirty) days following their delivery, no guarantee concerning the correct operation of the Font Software and its components, nor their fitness for the requirements and usage envisaged by the User being supplied to the User being provided to the User beyond this 30 (thirty) day deadline, without prejudice toward any laws and regulations that may be applicable.

To make a warranty claim, the User must contact Production Systems SAS at the email address indicated in Article 14.6 of this agreement, with sufficient information to enable confirmation of the date of effectiveness of this License Agreement, which the User acknowledges and accepts.

8.4 Bearing in mind the highly technical nature of the Font Software, and the current status of IT techniques, the Parties mutually agree that Production Systems SAS is subject to an obligation of means, specifically not guaranteeing that the Font Software is fit for the User's intended use.

The liability of Production Systems SAS may only be incurred by its actions and/or those of its employees in the case of acts carried out by it or them, within the framework of the execution of the License Agreement, and in the sole case where a causal link has been established between the alleged detriment and gross misconduct of Production Systems SAS and/or its employees, without prejudice to any applicable laws and regulations.

The User hereby accepts that the compensation for any loss suffered by the User arising from the use of the Font Software and/or concerning the execution of this License Agreement is limited to the amount of remuneration paid by the User to Production Systems SAS under Article 7 of this agreement, without prejudice to any applicable laws and regulations.

8.5 Production Systems SAS disavows any liability in any respect whatsoever for indirect damages such as loss of earnings, commercial or financial detriment, the increase of general costs, resulting from third party claims or losses originating in or being the consequence of this License Agreement, even when Production Systems SAS has previously been informed, as well as damages caused to persons or property distinct from the contractual purpose, without prejudice toward any applicable laws and regulations.

The User alone shall bear the consequences of operating faults of the Font Software due to any use non-compliant with the operating instructions, and acknowledges that Production Systems SAS does not guarantee the Font Software is fit for the use sought by the User.

The User agrees that it bears the burden of complying with all laws, foreign and domestic, on the control of experts or transfers of technology.

If the User acquires the Font for governmental usage, the User agrees to read and comply with all applicable rules relating to the purchase of a license to use the software, and the effective use of same.

ARTICLE 9 – CANCELLATION

9.1 Cancellation for breach of the User

In case of breach by the User of any of its obligations under the License Agreement, the latter may be cancelled ex officio, without any legal formality, 30 (thirty) days after formal notice has gone unanswered. The cancellation must be notified by Production Systems SAS to the User by registered mail with notification of receipt.

The User is required to immediately withdraw documents printed on tangible formats published with the help of the Font Software, and including the Typeface, already made available to the public or distributed. The User may not use up existing stocks of such documents published but not yet distributed before the cancellation date. No re-publication nor reprint using the Font Software and/or Typeface is authorized after the cancellation date. The User shall also have the obligation to withdraw Font files from any intangible or digital formats (applications, servers, etc.) immediately.

9.2 Cancellation for convenience

The Parties may end the License Agreement at any time, respecting a notice period of 3 (three) months following the sending of a registered letter with notification of receipt.

In this case, the User is not required to proceed with withdrawal when documents printed on tangible formats published with the help of the Font Software and including Typographical Characters have already been made available to the public and/or distributed. The User is also authorized to use up existing stocks of such documents, published but not yet distributed, before the cancellation date. It is on the other hand understood between the Parties that no re-publication using the Font Software and/or Typeface is authorized after the cancellation date.

9.3 Consequences common to all types of cancellations

In the event of cancellation, it is agreed between the Parties that the User must immediately cease use of the Font Software to publish all documents and/or its use and/ or integration into any file and/or any software enabling the display of Typeface on all types of formats and/or terminal.

In all cases, the User undertakes to delete the Font Software and, if he has made one, the back-up copy of the Font Software, from the Server, Computer and, more generally, any storage space in which the Font Software and/or the back-up copy of the Font Software is stored.

The User acknowledges that the conservation of the Font Software and/or the back-up copy of the Font Software after the cancellation of the License Agreement constitutes a breach for which the User may be subject to legal action.

The User undertakes to recall all multimedia files and/or products integrating the Typographical Characters and/or the Font Software, and making it possible to generate Typeface and, more generally, all copies of files and/or products integrating the Font Software within no more than thirty (30) days of the cancellation date of the License Agreement.

In case of cancellation of this agreement, the stipulations of Articles 1, 5, 6, 8, 9, 10 and 13 remain applicable.

ARTICLE 10 – ASSIGNMENT

10.1 The License Agreement is personal, and the User may not assign it or transfer it to a third party, without prejudice to the cases expressly set out in Article 3 herein, where the use of the Font Software by a third party is authorized, subject to respect for the conditions and purpose of this use.

It should be recalled, for all useful purposes, that if the User is a service provider and concludes a license for his own usage, this does not cover the use of the Font Software by any of the customers of the User, except in the cases expressly set out herein. As applicable, and if he so wishes, the User’s customer must acquire a license from Production Systems SAS.

10.2 In the event that the Font Software is validly assigned by the User to a third party pursuant to law, in all cases said assignment shall only be valid and enforceable against Production Systems SAS as long as the User informs Production System SAS of the identity and full details of the assignee of the Font Software, and the User provides evidence to Productions Systems SAS of the destruction of all copies of the Font Software held by the initial user.

10.3 Production Systems SAS may assign at any time the obligations springing from this License Agreement to the natural person or legal entity of its choice.

ARTICLE 11 – NON-DISCLOSURE

The User is prohibited from revealing to any third party any information he may have accessed relating to the know-how and/or technologies employed by Production Systems SAS for the design and/or use of the Font Software.

This obligation survives the termination of this Agreement, for any reason whatsoever, for a period of 10 (ten) years, without prejudice toward the application of the intellectual property rights of Production Systems SAS to the Font Software.

ARTICLE 12 – APPLICABLE LAW AND COMPETENT JURISDICTION

12.1 The Parties agree that the License Agreement is prepared, subject to and interpreted according to French law. The User expressly agrees that the United Nations Convention on Agreements for International Sales of Goods is hereby excluded.

12.2 Before any referral to the courts, the User undertakes to inform Production Systems SAS of any dispute, by letter sent by regular mail to Production Systems SAS, 255 rue du Faubourg Saint-Antoine 75011 Paris, France, and to seek an amicable solution.

In the event of failure to reach an amicable solution, the Parties agree that any dispute relating, in particular, to the validity, interpretation and execution of the License Agreement shall be subject to the exclusive jurisdiction of the competent Paris courts, subject to mandatory laws and regulations.

ARTICLE 13 – VARIOUS PROVISIONS

13.1 The License Agreement, its annexes, its amendments and the Purchase Orders indicating the total price of each order, as well as the detail of the Font Software programs selected, the license(s) selected and their duration, and the price of each license, constitute the entirety of the commitments made between the Parties, and annul and replace prior verbal and/or written commitments between the Parties on the same subject.

13.2 The License Agreement may only be modified by a written amendment validly accepted by the Parties.

13.3 Production Systems SAS reserves the right to amend or modify the License Agreement at any moment without notice, for future technical developments. The user may be informed by any means of the new stipulations of the License Agreement.

In case of modification of this License Agreement, the User shall be asked to accept the new License Agreement according to the same conditions as this agreement. When accept the said modification, the User shall be asked to accept the new License Agreement by mandatorily "ticking" the box attesting to acceptance of the new License Agreement "I have read and fully accept all of the rules set out in this License". The modified License Agreement shall only be applicable to the User after they have expressly accepted it.

13.4 The fact of not requiring or forcing the execution by the User of certain stipulations herein, or the fact of not prevailing upon a right set out herein, cannot be interpreted as a waiver, by Production Systems SAS, of its right to require or impose the execution of these stipulations.

The express waiver by production Systems SAS of stipulations, conditions or requirements in this License Agreement may not constitute a waiver of any future obligation of compliance with said stipulations, conditions or requirements.

13.5 If one or several stipulations of the License Agreement are held to be invalid or declared as such pursuant to law, regulations or following a definitive ruling by a competent court, the other stipulations shall retain all their force and scope.

The Parties thus agree to replace the clause declared null and void with one that is as equivalent as possible to its content, and the economic intent of the clause initially agreed.

13.6 All requests for information must be sent by e-mail to: info@productiontype.com.

Each Party agrees to inform the other Party of any substantial modification concerning its situation (particularly the address, bank details, assignments, etc.)

13.7 The website of Production Systems SAS is: http://www.productiontype.com/.

13.8 The User expressly acknowledges he has read and understood this License Agreement, and that in using the Font Software, he agrees to be bound by the terms and conditions of this License Agreement.

13.9 This Agreement is written in French and translated into English. Only the French version has legal force, particularly in the event of a dispute.

End-User License Agreement – Production Systems SAS