End User License Agreement 1.2

Trial fonts
Plan de travail 25

Licensing & EULA

Note: this is the previous version of our license system and doesn’t apply since the 14/06/2023. See the newer version here.

We offer one license in three different sizes depending on the relative metrics of the final Licensee (the end-client). All licenses include desktop, web, app, ebook and logo use with the particular limitations outlined per size. Should the end-client exceed ANY of the indicated metrics in one license type they are required to select the license size above. Social media followers are counted as the total number across all of the end-client’s channels (e.g Twitter, Facebook, Instagram…). If you later find that your needs exceed the purchased license you’re required to upgrade your license.

All purchases of <S>, <M> or <L> Family licenses grant you free access to future updates such as new scripts and styles, the licensed font might receive.

Trial fonts are available

If your requirements exceed our largest size license or you’re interested in customisations please contact us directly at [email protected]. This includes design customisation, language extensions, name changes (eg YourCo Sans) and broader corporate licensing needs.

Students are eligible to an 80% discount on a lifetime <S> license of any font, for school and professional projects. Get in touch at [email protected].

Small License

▶ 1-3 users
▶ 1 web domain up to 20k page views
▶ 1 app or game up to 5k downloads
▶ Social media use up to 20k followers
▶ Logo use ✓
▶ Video use ✓ excl. TV/Streaming/VOD

Medium License

▶ 4-8 users
▶ 1 web domain up to 80k page views
▶ 1 app or game up to 50k downloads
▶ Social media use up to 50k followers
▶ Logo use ✓
▶ Video use ✓ excl. TV/Streaming/VOD

Large License

▶ 9-15 users
▶ 1 web domain up to 250k page views
▶ 1 app or game up to 200k downloads
▶ Social media use up to 250k followers
▶ Logo use ✓
▶ Video and broadcast use ✓
▶ 1 server use ✓

End User License Agreement

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

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.

GRANT OF LICENSE

Upon payment in full of the non-refundable license fee, NaN grants the Licensee a non-exclusive, non-transferable, revocable license to use the Font Software, subject to all of the terms and conditions of this Agreement. The Licensee is granted only the rights expressly stated in this Agreement, and use of the Font Software in any other manner is strictly prohibited.

Easily-Breezily…

Follow the rules below and everything’s hunky dory. Unclear, email us: [email protected]

USERS

Licenses are attributed per user, eg. individual persons working within the same organization. Each user may install the Font Software on a maximum of 2 (two) computers (e.g. one workstation and one laptop). As long as they are working in the same organization, all users don’t need to work at a unique location. The Licensee may make a single back-up copy of the Font Software for archival purposes only. The Licensee must keep any such back-up copy secure and retain exclusive custody and control over such back-up copy.

Each license is related to a limited number of users working for the same company.

WEB USE

The Font Software is licensed for use within one unique web domain per license (and any of its sub-domains) for the maximum number of page views per month specified on the Licensee’s order. The Licensee may order a license for use on a third party website as long as they provide the domain name of such website and respect the license metrics specified in their order. If the monthly traffic of this website exceeds the maximum number of page views per month for three consecutive months, the licensee must obtain a license upgrade from NaN covering all page views for an additional fee. The Licensee agrees to provide written copies of the average page view reporting statistics upon request.

You can use the fonts on one website per license. The number of monthly page views must match your license.

LOGO USE

NaN grants the use of the Font Software for the realisation of any logotype. In the case of the Licensee creating a logotype for a third-party organisation, this organisation is required purchase a separate license matching its specific metrics in terms of users, website page views and social media followers.

You can use the fonts for logos. The company using the logo should get their own license.

APP AND GAME USE

The Font Software is licensed for use within one unique Application or Video Game (both named as “the App” in the following lines) per license and for the maximum number of total downloads specified on the Licensee’s order. The Licensee may use the same license when porting the App to other platforms (eg. Android, iOS). The Licensee is allowed to distribute the Font Software as an embedded file within the Application and distribute copies of the App with the embedded Font Software. If the total amount of downloads of the Licensee’s app or game exceeds the maximum number specified in their order they must obtain a license upgrade covering all downloads for an additional fee. The Licensee agree to provide written copies of their download report statistics upon request.

You can use the fonts on one app or video game per license. You must check if the number of total downloads matches your license.

The embedding technology shall exclude the App end-user direct access to the embedded Font Software in order to prevent it from being downloaded for any other use than within the App. When distributed within the App, the embedded Font Software shall by all means be protected against installation in the App end-user’s operating system. The Font Software shall never be embedded in the App unprotected against, or enabling exportation of content such as editable PDFs, documents, static images, scalable images, ads or other similar files, or in an application heavily dependent on font files needed for as their primary use. See Server Use below.

It’s your job to protect the fonts from being downloaded or publicly accessible.

E-BOOK USE

The Font Software is licensed for use within a limited number of E-books per license as specified on the Licensee’s order. This allows the Licensee to distribute the Font Software as an embedded file within E-books and distribute copies of the E-books with the embedded Font Software. If the total amount of unique E-books exceeds the maximum number specified in the Licensee’s order they must obtain a license upgrade from NaN for an additional fee.

You can use the fonts a limited number of E-books per license.

The embedding technology shall exclude the E-book end-user direct access to the embedded Font Software in order to prevent it from being downloaded for any other use than within the E-book. The Licensee may embed the Font Software only in those E-books, the format of which provides protection against unauthorised access (including PDF, EPUB 2.01, EPUB 3, KF8…).

You must protect the fonts from being downloaded or accessible outside or your E-book.

BROADCAST/VIDEO USE

NaN grants the use of the Font Software within video or film work on the basis that it is not broadcast on terrestrial television or embedded within a subscription based or VOD streaming libraries (eg Hulu, Netflix). The Licensee may use the Font Software within film work as shown in theatres or festivals without any additional fee. For unlimited use within all types of broadcast services please license a <L> or <XL> license.

<S> and <M> license holders can use the fonts in video work as long as they’re not broadcast on TV, subscription-based or VOD streaming services. To use in a video without limitation purchase a <L> or <XL> license.

SERVER USE

Server use is defined as the embedding of the Font Software on a CMS or web server that can be accessed via the Internet or other external network system, for the dynamic generation of analog and digital documents of any sort. Our <S> and <M> license do not grant the Licensee any right to use the Font Software for server use. Our license grants the Licensee the right to use the fonts on one (1) production server.

<S> and <M> license holders can’t install or host the fonts on servers generating dynamic documents. This use is limited to holders of a <L> or <XL> license.

NFT USE

Any use of the fonts in, embedded in, or for a NFT (Non Fungible Token) is forbidden without prior written agreement from NaN. Please contact [email protected].

Please ask us before using our fonts in any NFT.

THIRD PARTIES

The Licensee may not provide the Font Software to, transmit their license to, or sub-license the Font Software to any third-party. Nonetheless, the Licensee may provide the Font Software to a printer or manufacturer that is working on their behalf for the printing or fabrication of any document covered by their license.

You may not share fonts with anyone besides a printer or manufacturer working on the execution of a project covered by your license. They can’t use the font for anything else.

ETHICAL AND POLITICAL LIMITATIONS

The Font Software can not be used by, on behalf of, or for the promotion of any government agency, military or weapons manufacturer. It is also prohibited to use the Font Software to spread racist, homophobic, transphobic, or sexist content and messages. NaN may withdraw any license from a license owner in the case that the license owner uses the Font Software to spread such messages. The license fee would not be refunded. Any licensing or use in the frame of a political campaign or organisation (slogans, logos, claims etc.) must be the subject of a prior written agreement from NaN. Please contact [email protected].

No fonts for bullet makers, racists, homophobic, transphobic or sexist bullies. No fonts for governments. Please ask us before using our fonts for any political campaign or organisation.

SOCIAL JUSTICE AND SUSTAINABILITY DISCOUNT

Should the Licensee want to license a NaN typeface for a project in the fields of nature conservation and sustainability, as well as projects related to social rights, social justice and equality, we would gladly offer the Licensee a 50% discount. Please get in touch with such project at [email protected].

50% discount for social justice or sustainability related projects.

MODIFICATIONS

The Licensee may import characters from the Font Software as graphic objects into a drawing program, such as Adobe Illustrator, Photshop, Figma, etc. and modify them as graphic objects. The Licensee 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.

You can’t modify the font itself but you can disfigure it in your favourite graphic design software.

COPYRIGHT

The licensee agrees that the Font Software and Fonts embodied herein are copyright-protected, and that all intellectual, moral and property rights including copyrights, design rights and other rights to the Font Software and the Fonts (including the design, software, artwork, the metadata, Font Software etc.) rest solely with NaN. These rights are not limited to any geographical area but apply worldwide.

Our fonts are copyright protected.

CREDITING

When using the Font Software on a website, movie, book, magazine, video-game or any document containing an appropriate credits section, the Licensee should make every effort to credit the Font Software name and their author(s) such as in the following example: “Typeface: NaN Jaune by Jérémy Landes”.
As a graphic design studio or agency, when publishing a project showcasing the Font Software in social media the Licensee should make every effort to credit the Font Software name and tag NaN with the appropriate handle (@nan_xyz on Instagram, @nan_xyz_ on Twitter).

Credit us when dedicated credit space is available.

DISCLAIMER

NaN does not warrant that the functions contained in the Product will meet the Licensee’s 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 NaN has been advised of the possibility of such damages.

We are not responsible of any damage linked to the use of our fonts.

VARIABLE FONTS

All licenses of a full family or a sub-family grant your free access to a variable font covering the styles bought, when available. Variable fonts are an emerging technology and are not fully supported in all environments, their performance can vary depending on the context. NaN’s variable fonts are provided as if and without any warrantees.

We offer variable fonts with families and sub-families, when available.

INDEMNITY

The Licensee agree to indemnify and hold NaN harmless from and against all claims, damage, losses and expenses of any kind (including reasonable legal fees and costs) that may result from their use of the Font Software or their breach of this Agreement.

We are not responsible of any damage linked to the use of our fonts.

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. The license fee would not be refunded in this case.

This license ends whenever you fail to respect any of its terms. You won’t be reimbursed.

GOVERNING LAW

The Licensee agree that any disputes arising from or related to this Agreement shall be governed by and construed in accordance with a jurisdiction of NaN’s choosing.

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.

Our main office is in Berlin… but we reserve the right to choosing legal jurisdiction.

If you have any uncertainty around which license most fits your project, please get in touch with us at [email protected] and we’ll be happy to help you get the most out of our license system.