Please read this End User License Agreement (“Agreement”) carefully before installing, copying and/or using Typeface (“Software”). This is a legal and enforceable contract between you and By Default. By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, then do not install or use the Software.

If you accept the terms and conditions in this Agreement on behalf of a company or other legal entity, you warrant that you have full legal authority to accept the terms and conditions in this Agreement on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

1. License

By Default hereby grants you a revocable, non-transferable, non-exclusive license to use the Software in accordance with the terms of this Agreement. By Default retains the ownership of the Software and reserves all rights not expressly granted to you.

As an individual customer, you are allowed to install and use the Software on each of the computers that you personally own and control, provided that no other persons use the Software on those computers. If multiple persons make use of the Software multiple licenses are required, one for each individual.

As a business or organization, you are allowed to install the Software on multiple computers provided that the number of simultaneous users of the Software never exceeds the number of purchased licenses. Multiple simultaneous users require multiple licenses, one for each user.

2. Restrictions

You are not permitted to:

  1. use the trial version of the Software on any system where the trial version was previously used and expired
  2. assign, (sub)license, sell, rent, lease, lend, (re)distribute or otherwise commercially exploit the Software or make the Software available to any third party
  3. modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Software or accompanying files, data and materials

3. Maintenance

By Default reserves the right to modify, improve or delete certain features of the Software, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”), with or without notice and without liability to you.

You agree that By Default has no obligation to (a) provide any Updates, or (b) continue to provide or enable any particular features and/or functionalities of the Software to you.

All Updates are subject to the terms and conditions of this Agreement. You may need to pay an additional fee in order to be able to download an Update.

You agree that By Default may use any information you give to us as part of product support and other services provided to you, if any, related to the Software solely to improve products or to provide customised services or technologies to you and will not disclose this information in a form that personally identifies you.

4. Content

The Software does not grant any rights to the content it handles, nor to any content that is acquired by using the Software, including but not limited to fonts from Google Fonts and/or Adobe Typekit. The user bears full responsibility for all actions and usage related to the content handled by the Software.

5. Termination

This Agreement is effective until terminated by you or by By Default. Your rights under this Agreement will be terminated automatically without notice if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use and destroy all copies, full or partial, of the Software.

6. Limitation of warranties

You expressly acknowledge and agree that use of the Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. The Software and accompanying files, data and materials are provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind, express or implied of any kind. By Default disclaims all warranties and conditions with respect to the Software, including, but not limited to, conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, and of non-infringement. No oral or written advice given by By Default or its authorized representative shall create a warranty.

7. Limitation of liability

To the maximum extent permitted by applicable law, in no event shall By Default or anyone else who has been involved in the creation, production, or delivery of the Software be liable for any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the Software, even if By Default has been advised of the possibility of such damages. In no event will By Default’s total aggregate and cumulative liability to you for any and all claims of any kind arising hereunder exceed the amount of fees actually paid by you for the use of the software giving rise to the claim in the twelve months preceding the claim.

8. Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Last Updated: August 19, 2018