Terms

Part 1 - EULA for paid fonts & graphics
Part 2 - EULA for trial fonts & graphics
Part 3 - Terms for physical goods

5 April 2021

 

 

Part 1: EULA for paid fonts & graphics

The Terms of this End User License Agreement (Agreement) will apply between Norberg Type Foundry (NTF) and you (you, your, yours) if you purchase a license or licenses to use NTF’s Font Software (Fonts).

When you purchase a Font, you are purchasing the right to use that Font under a particular set of conditions. These conditions range from, for example, how many computers the Font can be installed on, how many pageviews per month is allowed, to whether it can be embedded in digital documents or sent to your printing house or production facility. It is important that you read and understand this Agreement because it defines your rights, the rights of NTF and the acceptable uses of the Fonts. If you believe your usage or need is not addressed, or if you are unsure of the meaning of any term or condition, please ask NTF before making a purchase. It is incumbent upon you to read this EULA carefully before installing or using font software from NTF, and to contact NTF for clarification if you have any questions associated with the content (or other questions that the EULA doesn’t specifically mention or specifically covers). Installing/using the font software in any way or form means that you agree to this EULA.

NTF agrees to grant you a license or licenses to use the Fonts for as long as you like, with no end date, as long as you comply with the terms and conditions stated in this document and on the terms page of NTF (norbergtypefoundry.com/pages/terms). Always refer to the terms page at NTF’s website for an up to date version of the EULA. Additional terms and conditions that are stated on the website but not in the EULA document embedded with the font software are additions to the terms and conditions stated in the PDF version of the EULA, and does not replace or supersede the terms and conditions stated in this document, unless specifically stated.

This license is not exclusive to you, may not be transferred by you, and can be revoked by NTF if NTF regards that as necessary, without the need to disclose further details on why the license is retracted.

If you are a parent company purchasing the Fonts for a wholly or partly owned subsidiary, you must ensure your subsidiary complies with the terms and conditions of this Agreement. Any breach of this Agreement by your subsidiary will be deemed a breach by you. If you are a subsidiary of a parent company, this license does not allow transfer of this license to your parent company, your parent company must purchase an independent license to use the Fonts.

 

1. Definitions

“NTF” is the Norberg Type Foundry, the trading brand of designer & font software creator Andreas Norberg.

“you”, “your” and the “End User” are defined as and refer to a customer who has purchased a license to use the Font. An End User is not defined as a distributor, reseller, dealer, sub-licensee, original equipment manufacturer (“OEM”), wholesale buyer or any similar entity. NTF Fonts and products may not be distributed and/or sold to third parties without prior written consent from NTF.

“Font”, “Fonts” or “Font Software” have identical meanings in this agreement. They are defined as the designs of the Fonts and the Software identified on your Sales Receipt that produces a typeface design(s) together with any other artworks that may be associated with the Font.

“Sales Receipt” means the electronic document or email you receive as confirmation of the Fonts purchased.

 

2. No Expiry

There is no expiry to this Agreement or its terms, so you may use the Fonts for how long as you like with no further licensing costs. There is no geographic limitation to this Agreement, you may use the Fonts worldwide. You may also use the fonts on spaceships.

 

3. Permitted Uses and Restrictions

The Fonts may be installed and used on the number of computing devices as the quantity of an identical font purchased allows. For example, if you purchase a quantity of 2 of Skyna Regular Desktop License, you are allowed to install it on 6-10 computers, or if you purchase the webfont license you can have the webfont displayed 100.000 times per month, based on page views. If you wish to install the font on additional computers or raise the pageview limit to the next “level” as displayed in the table on the font pages on norbergtypefoundry.com, simply purchase an additional copy of the font. For example: you purchase a quantity of 2 of Skyna Regular Desktop Font license (or any other font) at a given time, and then a quantity of 1 of the same identical font & license type (Skyna Regular Desktop Font in this example) at a later time, that counts as you have a total quantity of 3 of the Skyna Regular Desktop Font, and allows for the font to be installed in accordance with the table displayed on the font pages or the cart page on norbergtypefoundry.com. The same principle applies to webfonts. 

Fonts may not be stored or used in any manner that makes them accessible to the public or non-licensed third parties. For the purposes of clarity, this license is for individual users or organisations purchasing for employees only. Under no circumstances may the licensed Fonts be shared with contractors, freelance employees, or affiliates. 

You may share the licensed fonts to a printing house (or similar production facility), but only if it is an absolute technical necessity in order for them to facilitate production of your design, and they may only use the font software only for the time that is required in order for them to produce your order, after that, all copies must be deleted from all of their systems (email inboxes, USB sticks, servers, production hardware, etc). Before sharing any font software you must inform your production facility / printing house / etc of these conditions and receive and document their consent in that they have fully understood in what way they are allowed to use the font software, that they will comply in accordance with those terms, and that they are obliged to delete the font software from all of their systems after having finished production. 

 

Servers

You may install the Fonts on a single file server for use on a local area network (“LAN”) within your business or household. The number of computing devices that can access the Fonts on the server must not exceed the number of computing devices allowed as described in section 3 - Permitted Uses and Restrictions

 

Font File Protection

You agree to use reasonable measures to protect the Fonts from any unlicensed third-parties. If you discover or are made aware of any unauthorised access and/or use by an unlicensed third party, you agree to notify NTF as soon as is reasonable.

 

Authorised Use

Authorised uses of the Fonts depends on your specific license. The desktop license covers the production of printed matter, such as (for example, but not limited to) fanzines, posters, newspapers, books and magazines, print advertising; vinyl or printed signage; logos and logotypes, decals, spaceship branding; corporate documents; newsletters and annual reports, product/merchandise packaging, marketing materials as well as digital graphics such as presentations (e.g. Powerpoint), static graphics for web use; film and video (non-broadcast). Webfonts licenses covers general web applications (all content on webpages, e-mails templates, forms, etc); embedding in ePub publications requires a specific ePub license (contact NTF for more info); embedding in non-browser based mobile apps or games requires an app license (contact NTF for more info). You agree to indemnify NTF for any third party claim that arises as a result of any unauthorised use by you of the Fonts. 

 

Back-up Copies

You may make one (1) copy of the Fonts for back-up purposes only. Copies must contain the same documentation, copyright, trademark, and other proprietary notices that appear on, in or with the Fonts. you must keep this back-up copy secure and must not allow any third party to have access to it. you will indemnify NTF for all costs, damages or losses incurred as a result of your failure to comply with this clause. If you discover or are made aware of any unauthorised access and/or use of the back-up copy by an unlicensed third party, you agree to notify NTF as soon as is reasonable.

 

Embedding of Fonts

The embedding of Fonts into digital documents, like PDFs or graphics is permitted so long as i) the Font Software is subset, ii) the document text can be viewed and printed but not edited, and iii) reasonable measures are taken to ensure recipients of such documents cannot extract or use the embedded Fonts. Rasterized copies of images showing the Font are permitted provided the images do not result in all or substantially all of the characters comprising the Font. If the resulting images show most or all of the Font characters, a rasterized showing of the Font is not permitted. For graphics the rule of thumb is that your design shouldn't be a viable substitute (or close to) to purchasing the font directly from NTF. Also, you must make sure that you apply the font in a way so it's not possible to extract from your graphics and converted into a font file.

 

Modifications

You may create outline artworks based upon the Fonts for your personal or business use. However, the use of any font creation or font manipulation program or any attempt to modify the Font for the purposes of creating a usable, derivative or substitute version of the Font is prohibited. Under no circumstances may you modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or otherwise attempt to discover the source code of the Fonts or the designs embodied therein. you further agree not to commission or authorise any third party to undertake modifications to the Fonts without prior written consent from NTF. Consent may or may not be granted at NTF’s sole discretion. You may not convert the font software from one format to another, for example, converting a desktop OTF file to a webfont WOFF. 

 

Restriction of Alphabet Products

This license expressly prohibits the use of the Fonts in the creation of alphabet products such as, but not limited to: house numbers, stamp sets, rub-on letters, adhesive alphabet letters, alphabet punch and die sets or other methods for use in making such products. If you wish to use the Fonts for such purposes, contact NTF to discuss.

 

4. Rights Reserved

you expressly acknowledge that the Font Software, the designs embodied therein, the trade names and/or trademarks and copyrights associated therewith are each the exclusive property of NTF. and that NTF has all the necessary rights and titles to license the Fonts to you. All rights not expressly granted under this license are reserved to NTF.

You agree that the Fonts and the design of the Fonts embodied therein are owned by NTF and the Fonts’ structure, organisation and code are the valuable trade secrets of NTF. you acknowledge that the Fonts are, among other means, protected under Swedish & EU trademark and/or copyright law, by the trademark and/or copyright and design laws of other nations, and by international treaties.

At NTF’s request, you agree to provide an audit to confirm the Desktop Fonts you are consuming match your Sales Receipt. NTF will give you at least 5 business days’ notice to complete the audit.

 

5. Warranties, Limitations & Delivery

NTF represents and warrants that the Fonts will perform substantially in accordance with the representations made herein. To make a warranty claim, you must notify the source from which you obtained the Fonts together with a copy of your Sales Receipt. If the Font does not perform substantially in accordance with the representations, the entire and exclusive liability and remedy shall be limited to the replacement of the Font Software or the refund of the license fee you paid for the Fonts, determined by NTF. NTF and its suppliers do not and cannot warrant the performance or results you may obtain by using the Fonts. It is your responsibility to ensure that the Fonts are fit for your purpose. Be careful to check that you have chosen the correct weight, style och license type (or other properties) before purchasing fonts and/or digital goods, since NTF does not offer refunds on digital goods due to wrong purchases or if you simply want to revoke your purchase.

NTF expressly disclaims all warranties, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Although meticulously tested, NTF does not warrant that the operation of the Fonts will be unimpeded, uninterrupted or error-free, or that the Fonts are without defects. Without limiting the foregoing under no circumstances shall NTF be liable to you or any other party, whether in contract or tort (including negligence) or otherwise, for any indirect losses, special, consequential, or incidental damages, including lost profits, lost savings, loss of data, or business interruption as a result of the use of or the inability to use the Fonts even if notified in advance of such possibility.

As of November 23 2020, NTF uses Shopify as an e-commerce platform and the Shopfiy Digital Downloads app to deliver digital products (font software, graphics, etc) to you. However, NTF is not responsible for errors that may arise from third party software such as Shopify or Shopify Digital Downloads (or other third party software). Missing delivery of digital files due to mail filters, inconsistency in app performance or similar scenarios are not the responsibility of NTF. However should the delivery for some reason fail, contact NTF at contact@norbergtypefoundry.com with your receipt & order number, and you’ll receive the purchased software as a zip file or as a temporary download link. 

 

6. Termination

Any breach of the terms of this Agreement shall be cause for immediate termination without the obligation of notice or opportunity to cure. NTF shall be entitled to seek any and all remedies under law or equity, without limitation, including injunctive relief without the obligation of posting security or bond. You agree to immediately discontinue using and delete the Fonts and certify that no copy remains in your possession or control.

 

7. Dispute Resolution

Any dispute or difference arising out of or in connection with this Agreement will be referred to and finally resolved by arbitration in Sweden in accordance with Swedish law. The arbitration shall be by one arbitrator to be agreed upon by both you and NTF and if both parties cannot agree within twenty-one (21) days from the date upon which the dispute arises then an arbitrator will be appointed in a manner which is customary to Swedish praxis.

 

8. Choice of Law and Agreements

You agree that this Agreement between NTF and you was formed in Boden, Sweden, and any cause of action arising from it, arises in Boden, Sweden and will be governed by and construed in accordance with the laws of Sweden and within the exclusive jurisdiction of the Swedish courts.

NTF reserves the right to amend or modify this Agreement at any time and without prior notification. Any modifications will preserve the original permitted uses of this Agreement. Modifications may account for changes in technology that would otherwise impair or render obsolete provisions in this Agreement. Modifications shall not be applied retroactively and any original intended use cases will not be void as a result of any modifications. NTF will make such amended terms available at www.norbergtypefoundry.com. If you do not agree to the modified terms, your continued use of the Desktop Fonts could be in breach of the Agreement.

This Agreement embodies the entire understanding between NTF and you and supersedes all prior arrangements or understandings. If an applicable Court declares any part of it to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

 

9. Contact

All inquiries of NTF may be sent by email to contact@norbergtypefoundry.com. The Norberg Type Foundry website is located at www.norbergtypefoundry.com.

 

 

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Part 2 - EULA for trial fonts & graphics

 

 

The Terms of this End User License Agreement will apply between Norberg Type Foundry (NTF) and you (you, your, yours) if you purchase a license or licenses to use NTF’s Font Software (Fonts).

When you download a trial font from NTF, you have the right to use the font software under a particular set of conditions as described in this EULA. It is important that you read and understand this Agreement because it defines your rights, the rights of NTF and the acceptable uses of the trial fonts. If you believe your usage or need is not addressed, or if you are unsure of the meaning of any term or condition, please ask NTF before using or installing the font software. It is incumbent upon you to read this EULA carefully before installing or using font software from NTF, and to contact NTF for clarification if you have any questions associated with the content (or other questions that the EULA doesn’t specifically mention or specifically covers). Installing/using the trial font software in any way or form means that you agree to this EULA.

NTF agrees to grant you a license or licenses to use the Fonts for as long as you like, with no end date, as long as you comply with the terms and conditions stated in this document and on the terms page of NTF (norbergtypefoundry.com/terms). Due to the static nature of this document always refer to the terms page at NTF’s website for an up to date version of the EULA. Additional terms and conditions that are stated on the website but not in this document are additions to the terms and conditions since this document was created, and does not replace or supersede those stated in this document, unless specifically stated.

This license is not exclusive to you, may not be transferred by you, and can be revoked by NTF if NTF regards that as necessary, without the need to disclose further details on why the license is retracted.



1. Definitions

“NTF” is the Norberg Type Foundry, the trading brand of designer & font software creator Andreas Norberg.

“you”, “your” and the “End User” are defined as and refer to a customer who has downloaded a trial version of the Font. An End User is not defined as a distributor, reseller, dealer, sub-licensee, original equipment manufacturer (“OEM”), wholesale buyer or any similar entity. NTF Fonts and products may not be distributed and/or sold to third parties without prior written consent from NTF.

NTF agrees to grant you a license or licenses to use the Fonts for as long as you like, with no end date, as long as you comply with the terms and conditions (in this case the specific terms and conditions for trial fonts) stated in this document and on the terms page of NTF (norbergtypefoundry.com/pages/terms). Always refer to the terms page at NTF’s website for an up to date version of the EULA. Additional terms and conditions that are stated on the website but not in the EULA document embedded with the font software are additions to the terms and conditions stated in the PDF version of the EULA, and does not replace or supersede the terms and conditions stated in this document, unless specifically stated.



2. No Expiry

There is no expiry to this Agreement or its terms, so you may use the Fonts for how long as you like.



3. Permitted Uses and Restrictions

The trial fonts may be installed and used on one single computer, and is intended for trial use only, in order for you to decide whether the font(s) fit your needs and whether you would like to purchase a commercial license or not. Any designs or graphics you create by using NTF’s trial font(s) must stay locally on your computer and may not be stored or be made available publicly in any way or form. You may not use the trial font(s) for any commercial work, not for any non-profit work, nor may you use the trial fonts for any personal, but publicly accessible use - such as, but not limited to - graphics/posts on social media platforms, profile pictures, streams, in-game graphics, etc.

You may not modify any elements/glyphs in the font trial files in any way, shape or form. Some letters might be marked with a small ”demo” mark, which you may not remove.

The trial Font(s) may not be stored or used in any manner that makes them accessible to the public or non-licensed third parties. For the purposes of clarity, this license is for individual users only. Under no circumstances may the trial Fonts be shared with contractors, freelance employees, or affiliates.

Trial fonts are only available in desktop format and may not be used on websites, publicly accessible or not. If you want to test the font(s) in a web setting, install the desktop font locally and use the developer function in your web browser to apply them to desired text elements. You may not convert them from OTF-files to any webfont format.

You expressly acknowledge that the Font Software, the designs embodied therein, the trade names and/or trademarks and copyrights associated therewith are each the exclusive property of NTF. and that NTF has all the necessary rights and titles to license the Fonts to you. All rights not expressly granted under this license are reserved to NTF.

You agree that the Fonts and the design of the Fonts embodied therein are owned by NTF and the Fonts’ structure, organisation and code are the valuable trade secrets of NTF. you acknowledge that the Fonts are, among other means, protected under Swedish & EU trademark and/or copyright law, by the trademark and/or copyright and design laws of other nations, and by international treaties.





4. Signing up for a trial version

If you you want to download a trial of NTF’s font software, you need to enter your contact information, (email address is the only mandatory information). NTF stores and uses your details as described in the Private Policy, and may, for example, use your contact information in order to send you marketing content, etc. You can opt out / unsubscribe at any time.



5. Warranties, Limitations & Delivery

NTF represents and warrants that the Fonts will perform substantially in accordance with the representations made herein. The trial font(s) are derived from the commercial version, but with reduced glyph count and possible watermark graphics, and therefore they will perform the same way as the commercial version.

NTF expressly disclaims all warranties, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Although meticulously tested, NTF does not warrant that the operation of the Fonts will be unimpeded, uninterrupted or error-free, or that the Fonts are without defects. Without limiting the foregoing under no circumstances shall NTF be liable to you or any other party, whether in contract or tort (including negligence) or otherwise, for any indirect losses, special, consequential, or incidental damages, including lost profits, lost savings, loss of data, or business interruption as a result of the use of or the inability to use the Fonts even if notified in advance of such possibility.

As of November 23 2020, NTF uses Shopify as an e-commerce platform with it’s built in functionality to deliver the trial font(s) to you. However, NTF is not responsible for errors that may arise from third party software such as Shopify or Shopify Digital Downloads (or other third party software). Missing delivery of digital files due to mail or spam filters, inconsistency in app performance or similar scenarios are not the responsibility of NTF. However should the delivery of the trial font(s) for some reason fail, contact NTF at contact@norbergtypefoundry.com with your name and e-mail address and you will receive the trial font(s) in a zip package.



6. Termination

Any breach of the terms of this Agreement shall be cause for immediate termination without the obligation of notice or opportunity to cure. NTF shall be entitled to seek any and all remedies under law or equity, without limitation, including injunctive relief without the obligation of posting security or bond. You agree to immediately discontinue using and delete the Fonts and certify that no copy remains in your possession or control.




7. Dispute Resolution

Any dispute or difference arising out of or in connection with this Agreement will be referred to and finally resolved by arbitration in Sweden in accordance with Swedish law. The arbitration shall be by one arbitrator to be agreed upon by both you and NTF and if both parties cannot agree within twenty-one (21) days from the date upon which the dispute arises then an arbitrator will be appointed in a manner which is customary to Swedish praxis.



8. Choice of Law and Agreements

You agree that this Agreement between NTF and you was formed in Boden, Sweden, and any cause of action arising from it, arises in Boden, Sweden and will be governed by and construed in accordance with the laws of Sweden and within the exclusive jurisdiction of the Swedish courts.

NTF reserves the right to amend or modify this Agreement at any time and without prior notification. Any modifications will preserve the original permitted uses of this Agreement. Modifications may account for changes in technology that would otherwise impair or render obsolete provisions in this Agreement. Modifications shall not be applied retroactively and any original intended use cases will not be void as a result of any modifications. NTF will make such amended terms available at www.norbergtypefoundry.com. If you do not agree to the modified terms, your continued use of the Desktop Fonts could be in breach of the Agreement.

This Agreement embodies the entire understanding between NTF and you and supersedes all prior arrangements or understandings. If an applicable Court declares any part of it to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.


 

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Part 3: Terms for physical goods (Coming soon)

Will be updated as soon as the physicals goods are available in the webshop.