Tüpokompanii End User License Agreement (EULA)
This is an agreement between you, the Licensee (or “License Owner”) and Tüpokompanii OÜ (hereafter “Tüpokompanii”). By purchasing, or downloading, or installing, or using, or otherwise handling digital typeface software (hereafter “Fonts”) by Tüpokompanii, 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 Tüpokompanii 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.
License Types
Desktop License 💻
- Permits the installation of Fonts within the License Owner’s organization on a desktop computer in order to design images and documents for print and screen.
- The License Owner can make security copies of the Fonts as long as they remain inaccessible to external parties. When embedded in production files, a copy of the Fonts may be shared with prepress and printing entities.
- Fonts may be embedded into PDF files as vector outlines only.
- Fonts must not be modified under any circumstances.
- Fonts used on desktop computers must not be used to generate Web Fonts or other Font Formats.
- Fonts are provided in OTF format.
Web License 🌐
- Permits embedding of Fonts in a website on the domain specified during the checkout process.
- Unlimited traffic: You may use your licensed Fonts in a website with an unlimited amount of website visitors within one website title as long as you have stated, and upgraded, the size of the organization of the License Owner correctly.
- Priced per website title(s) (URL). If you want to use Fonts on several separate URL’s, the License Owner needs to purchase a separate Web License for each URL.
- Web Fonts have to be acquired as such and must not be generated from print Fonts or other files. Web Fonts must not be used to generate images. They cannot be used for any purpose other than that defined by the license.
- Fonts are provided in WOFF format and must be self-hosted on the License Owner’s server(s).
App License 📱
- Permits Fonts to be embedded in a Mobile App, Digital Product or eBook.
- Priced per app/ebook title(s). If you want to use Fonts on several digital product titles, you need to purchase a License for each title.
- Fonts are provided in OTF format.
Trial License 🔬
- Permits Fonts to be installed within your organization on an unlimited number of work stations for an unlimited time.
- Trial Fonts may be used for testing and evaluation purposes and internal, non-commercial, or educational projects only.
- In order to use the Fonts in final work, or publish it, or otherwise render it public, a full license must be purchased.
- Fonts are provided in OTF format.
Font Files & Updates
- The Licensee must acknowledge that the font(s) purchased may be updated in the future and therefore have slight differences. It is the Licensee’s responsibility to archive and backup content.
- Tüpokompanii takes no responsibility and gives no warranty when replacing a file with a newer file.
General
- Fonts created by Tüpokompanii, 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 Tüpokompanii.
- The Intellectual Property of customized or bespoke typefaces remains with Tüpokompanii.
- Fonts created by Tüpokompanii, 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 Tüpokompanii must be done or authorized by Tüpokompanii.
- 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, Tüpokompanii 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.
Warranty/Liability
- Tüpokompanii guarantees its Fonts to be free of defect for 14 days upon purchase. Claims must include receipt and documentation of the defect.
- Refunds are granted only when software defects cannot be resolved by Tüpokompanii. Any refund immediately terminates the Licensee’s right to use the Fonts.
- Any use of Tüpokompanii Fonts that may result in harm, death, injury, property or environmental damages is not permitted.
- In no event is Tüpokompanii liable for any loss or damages caused by the use of their Fonts, including lost profits, lost data, lost business opportunities, or lost savings.
- The Licensee agrees that Fonts created by Tüpokompanii, their design, structure, organization, encoding, and all their copies, are owned by and valuable intellectual property of Tüpokompanii and protected under Estonian 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. Tüpokompanii is not responsible for operating system errors or inoperability faults.
Termination
- Any breach of this agreement immediately voids and annuls the complete license and any usage right of the Fonts with immediate effect.
- In the event of termination, all Fonts and back-up copies must be deleted; this act has to be documented/assured upon request of Tüpokompanii.
- Tüpokompanii may withdraw any Font Licenses from a License Owner in case that the License Owner uses the Fonts to spread hate, racism or any other form of discrimination. The license fee would not be refunded in this case.
Confidentiality
- 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.
Final Provisions
- This EULA represents the complete agreement between the parties; all verbal communications and prior communications regarding the application of the Licensed Fonts are not valid or effective. Any and all rights not expressly granted in this agreement are reserved to Tüpokompanii.
- This License agreement and cannot be amended without written permission of Tüpokompanii.
- Legal fee reimbursement: Any violation of, or dispute over this License entitles Tüpokompanii to payment by the Licensee of all costs incurred by it. For example to investigate and address the violation, enforce the License and/or finalise a settlement including reasonable investigators’ and attorneys’ fees.
- All disputes arising from this agreement are exclusively subject to Estonian law. The rights and obligations of the parties arising from this contract are based on Estonian law as it relates to contracts made in Estonia and fully performed therein, excluding its conflict of law provisions or the conflict of law provisions of any other jurisdiction. The Licensee expressly consents to the jurisdiction of the Estonian Courts over any dispute arising out of this agreement, even if the breach of contractual rights takes place in a foreign country. Place of jurisdiction is Tallinn, Estonia.
- The invalidity or inoperativeness of one or more provisions of this contract does not affect the validity of the rest of the contract and the remaining other provisions shall thereby remain unaffected. An invalid provision shall be replaced by a provision that is permitted by law and which approaches the invalid provision and economic interests intended by the parties.