End User License Agreement

This End User License Agreement (EULA) is a legal agreement made between NaN Berlin / Luke Prowse of Weichselplatz 3, Berlin, 12045, Germany (from now on referred as ‘NaN’), and you (from now on referred as ‘You’).

 

This Agreement governs the terms of use of the Font Software and the design of the Fonts, from now on referred to as Font Software, in any media, printed materials, electronic documents, artwork, web services and any other material that may be associated with the product now or in the future. For the purposes of the License, ‘Font Sofware’ shall be defined as the design of the Fonts together with the Font Software in which all typographic elements are contained. Font Software shall further comprise all bitmap and/or outline representations of typeface and typographic elements created by or derived from the Font Software.

 

1. Permitted uses
Upon payment in full NaN grants You a non-exclusive license to use the Font Software. You may use the licensed fonts to create images on any surface such as computer screens, paper, web pages, photographs, movie credits, printed material, T-shirts and any printable surface in unlimited number of copies.

2. Users, workstations and devices
Licenses are attributed per user. Each user may install the fonts on a maximum of 2 (two) computers (e.g. one workstation and one laptop). For a multi-user licence all users shall work at the same location. In this case the fonts may also be installed on a server so long as the fonts are only accessible to those covered by the license agreement.

3. Third parties
You may provide the fonts to a graphic designer, printer or other service bureau that is working on your behalf only if they agree to use the font exclusively for your work, agree to the terms of this license, and retain no copies of the font on completion of the work. You may not provide the font or make it accessible to any other third parties beyond the above mentioned instances. The Font Software may not be installed or used on a server that can be accessed via the Internet or other external network system without the purchase of a special license.

4. Limited Embedding
You are permitted to embed or otherwise include only the Font outlines for PERSONAL, NON-PROFESSIONAL, NON-COMMERCIAL USE ONLY. Uses that are commercial or professional in nature, such as, but not limited to, multi-media CD, DVD, or other prohibited uses distributed physically or online require the purchase of a special license.

4.1 Software Embedding
The embedding or other use of the Fonts or the outlines thereof, in software or other works distributed electronically and/or via physical media for sale is prohibited under this License. Any such use requires the express written permission of NaN and may or may not require the purchase of a license upgrade at the sole discretion of NaN.

4.2 PDF Type Embedding
Professional users who have purchased a license in keeping with their actual uses are permitted to embed or otherwise include the outlines embodied in the Software in a PDF Type document, distributed physically or online for commercial use provided the Fonts cannot be extracted and the document is not for resale and that the Internet uses are not redistributions of otherwise impermissible or unlicensed uses of the Font Software. Resale of any document containing an embedded copy of the Font Software is prohibited and if the ability to sell documents and/or files containing embedded copies of the Fonts is desired, a license upgrade is required. Altering the embedding bits of the Font Software or otherwise Embedding the Font Software in PDF Type documents where the Font Software can be extracted from the PDF Type document is expressly prohibited. If you are unsure how to prevent font extraction, review your embedding software prior to creating documents containing embedded copies of the Font Software.

5. Modifications
You may import characters from the Font Software as graphic objects into a drawing program, such as Adobe Illustrator and modify them as graphic objects. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the licensed Font Software itself without NaN’s prior written consent.

6. Copyright
The Font Software and the accompanying materials are copyrighted and contain proprietary information and trade secrets belonging to NaN. Unauthorized copying of the Product even if modified, merged, or included with other software, or of the written materials, is expressly forbidden. You may be held legally responsible for any infringement of the foundry’s intellectual property rights that is caused or encouraged by your failure to abide by the terms of this Agreement.

7. Termination
This Agreement is effective until terminated. This Agreement will terminate automatically without notice from NaN if you fail to comply with any provision contained herein. Upon termination, you must destroy the written materials, the Font Software, and all copies of it, in part and in whole, including modified copies, if any.

8. Disclaimer and Limited Warranty
NaN warrants the Product to be free from defects in materials and workmanship under normal use for a period of twenty one (21) days from the date of delivery as shown on your receipt. NaN shall have no responsibility to replace the product or refund the purchase price if failure results from accident, abuse or misapplication, or if any product is lost or damaged due to theft, fire, or negligence. Any replacement product will be warranted for twenty one (21) days. The entire risk as to the quality and performance of the Product rests upon you.

NaN does not warrant that the functions contained in the Product will meet your requirements or that the operation of the software will be uninterrupted or error free. NaN shall not be liable for any direct, indirect, consequential, or incidental damages (including damages from loss of business profits, business interruption, loss of business information, and the like) arising out of the use of or inability to use the product even if the foundry has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

This Agreement contains the entire understanding between the parties and supersedes any prior understandings and agreements, oral or written, between the parties regarding the subject matter of this Agreement. No amendment to this Agreement shall be effective unless it is in writing and executed by both parties.