END-USER LICENSE AGREEMENT (EULA)

This is an agreement between you, the Licensee (or “License Owner”) and Heypentype Foundry (hereafter “Heypentype”). By purchasing, or downloading, or installing, or using, or otherwise handling digital typeface software (hereafter “Fonts”) by Heypentype, both the purchaser and the License Owner accept this agreement and acknowledge that they understand and comply with its terms. If you are not the License Owner yourself but act as a payment facilitator or purchaser of the Fonts on behalf of the License Owner, you have to ensure that the License Owner accepts and complies with this exact EULA.

Acquiring a License from Heypentype grants the License Owner the right to use specified Fonts as part of designed content produced and published under the name of, or on the behalf of, the License Owner, and on specified types of media. The design work might be produced by the License Owner or a Designer on behalf of the License Owner.

By obtaining a License, the License Owner does not purchase the copyright of the design or any other part of the Fonts, other than the non-exclusive, non-transferable right to use the Fonts for the use cases specified in this agreement, according to the License Owner’s provided specifications. All other use cases other than the specified ones require an additional License subject to discuss both Heypentype and License Owner .

DEFINITIONS

  • Typeface is the collective name of a family of related Fonts.
  • Fonts are the digital files organized in weights, widths, and styles that together constitute a Typeface.
  • License is the permission to use a Typeface on specified type of media.
  • Licensee/License Owner/Client is the entity that commissions the design work in which the typeface is used. This entity pays for and owns the License. Hereafter the “License Owner.”
  • Subcontractor means the third party using the Fonts on behalf of the License Owner.
  • Design Agency/Designer/Design Studio is the entity that provides the design service to the License Owner. Hereafter “Designer.”
  • The Designer is a Subcontractor of the License Owner.

LICENSE OWNER AND DESIGNER RELATIONSHIP

DESIGNER ≠ LICENSE OWNER. CLIENT = LICENSE OWNER

Typeface License should be owned and also paid for by the company for which the Fonts are being use. A Designer can be the facilitator, the purchaser, or the user of a Font License. A Designer may purchase a Typeface License on behalf of a Client, but it is the Client who is the owner of that License.

Only in the case that Designer and Client are the same legal entity can a Designer purchase and own a Font License.

LICENSE OWNERS, DESIGNERS, AND SUBCONTRACTORS

A Designer can not purchase a Typeface License on behalf of one Client and use it for another. Different entities commissioning a Designer must have their own, separate Font Licenses according to the specific use cases of their brands.


As a License Owner, your Font License covers your own company and one initial Subcontractor. Licensed Fonts must only be used within the organization of the License Owner and that one initial Subcontractor working for the License Owner. If the License Owner employs any further third parties or self-employed or temporary freelancers, or stops working with the initial Subcontractor to continue with a different Subcontractor, a separate Subcontractor Add-on is necessary to cover the use of Fonts by those parties during their working relationship.

LICENSE METRIC

  • All “Limited Licenses” fees are one-time fees.
  • The prices of the different Licenses are all based on metric: the project of License Owner and media used.
  • For use on Social Media, the number is based on the number of followers across all channels.

GENERAL LIMITATIONS/PERMISSION

  • Fonts created by Heypentype, including customized or bespoke typefaces, and all their constituents must not be amended, regenerated, or reformatted in any way. Any rights, including but not limited to copyrights and trademarks, remain with Heypentype.
  • The Intellectual Property of customized or bespoke typefaces remains with Heypentype
  • Fonts created by Heypentype, including customized or bespoke typefaces, and all their constituents must not be resold, lent, rented, distributed, or traded in any way to third parties.
  • Any expansion or derivatives of Fonts created by Heypentype must be done or authorized by Heypentype.
  • In the event of closure or merging of business entities, or any other discontinuation of the original use of Fonts by the License Owner, neither the Fonts themselves nor the License to use the Fonts can be transferred.
  • For marketing reasons only, Heypentype shall be entitled to use the License Owner’s name, trademarks, videos, and imagery around use of the Fonts once made public by the License Owner.
  • Provided Fonts may be used and stored offline only and must not be uploaded onto online storage platforms (such as GitHub) or cloud hosted web services who’s server nor hosting not controlled by License Owner.
  • Licensee allowed to make two backups files only

PAYMENT & LICENSE VALIDATIONS

  • The Licensee is obliged to hand over truthful documentation to Heypentype if asked in what ways and to what extent our Fonts are being used, in order for the scope of the License(s) to be re-assessed and confirmed.
  • Font Licenses are only valid once Heypentype has received the agreed licensing fee in full and once the License Owner has returned the signed End User License Agreement to Heypentype.
  • Manually created invoices must be paid within 10 days. After that we charge a 5% surcharge on the total invoice amount for every 30 days of delay.

CONFIDENTIALLY

  • The Licensee is obliged to undertake all steps to prevent unauthorized access to the Fonts and its copies.
  • If the Licensee grants employees or representatives access to the Font software, the Licensee is required to inform them of this EULA.

WARRANTY/LIABILITY

  • The Licensee agrees that Fonts created by Heypentype, their design, structure, organization, encoding, and all their copies, are owned by and valuable intellectual property of Heypentype and protected under Indonesian law, by the copyright and trademark laws of other countries, and by international treaties.
  • Fonts are not warranted to operate on all computer operating systems. Heypentype is not responsible for operating system errors or inoperability faults.
  • In no event is Heypentype liable for any loss or damages caused by the use of their Fonts, including lost profits, lost data, lost business opportunities, or lost savings.
  • Refunds are granted only when software defects cannot be resolved by Heypentype. Any refund immediately terminates the Licensee’s right to use the Fonts.

TERMINATION

  • Any breach of this agreement immediately voids and annuls the complete License and any rights to use the Fonts, unless you immediately pay a penalty of $3,000 or, if your license fee is higher than that, 50% of your license fee. You then may continue to use the Fonts but are obliged to obey to this EULA.
  • In the event of termination, all Fonts and back-up copies must be deleted; this act has to be proven and documented upon request by Heypentype.

CONTACT

HEYPENTYPE TYPEWORKS

Jalan Rondo Kuning No.1

Beru, Bumiaji. Kota Batu

East Java. Indonesia

Postal Code 65331