1. DEFINITIONS

“Font Software” is the digital typeface software distributed by Comma Type.

“License Holder” is the company commissioning the design and purchasing the license to use our Font Software.

“License Holder Size” is the number of employees working for the Licensee.

“Designer” is any entity (such as a design agency, studio, or individual designer) that provides services to the License Holder involving use of the Font Software.

“Subcontractor” is any third party using the Font Software on behalf of the License Holder.

2. AGREEMENT

This End User License Agreement (EULA) regulates the use of Font Software between Comma Type and the License Holder.

Upon payment, download, installation, usage and/or handling of the font software the License Holder accepts to the following terms of this agreement. In accepting the terms of this agreement, they acknowledge understanding and complying with it. Should they refuse to accept a contractual obligation through this license agreement, the License Holder is not permitted to access or use the Font Software.

3. LICENSE GRANTS

3.1. Licensing Model

Comma Type follows the Value-Based Licensing Model introduced by type foundry ABC Dinamo in 2020.

The Comma Type licensing model is conceived on the basis that, firstly, a typeface is a design asset that brings value to the client who commissions the design. Thus, a typeface should be licensed and paid for by the client (not by the designer or design agency), meaning that if a designer wants to use a font for multiple clients, it must be licensed and purchased by each client individually.

Secondly, a font’s business value to the client increases proportionally to the size and reach of the client. This is why Comma Type bases its pricing on the number of employees of the company, regardless of the actual number of font installations, or the size of the design department or design agency working for the client.

3.2. License Scope

Upon payment of the agreed-upon license fee, Comma Type grants the License Holder a non-exclusive, non-transferable and worldwide license to use the Font Software as outlined in this End User License Agreement.

The License Holder truthfully states their number of employees at checkout. This License Holder Size defines the volume for which the Font Software is licensed. If the number of employees should increase over time, the License Holder is obliged to purchase license extensions appropriate to this increase. Otherwise, the right to use our Font Software is terminated.

The License Holder may only use the Font Software for the purposes permitted by the License Type(s) purchased by them and as regulated in this agreement. Any other use is not permitted and requires the purchase of an appropriate license.

All users of the Font Software, including employees, designers and subcontractors of the License Holder, must be covered by a license. Importantly, they must receive a copy of this contract and abide its terms.

3.3. License Types

3.3.1. Desktop License

The Desktop License grants the License Holder the right to install and use the Font Software on an unlimited number of computers within the organization to create graphics for print and/or screen.

3.3.2. Web License

The Web License grants the License Holder the right to implement the Font Software on one or more websites in accordance with the number of domains purchased.

Only the WOFF and WOFF2 files provided by Comma Type after purchase must be used. The Font Software has to be stored on the same server as the website and must be referenced with the @font-face method. It is not allowed to use third-party font hosting.

3.3.3. App License

The App License grants the License Holder the right to use the Font Software on one or more apps in accordance with the number of apps purchased.

3.3.4. Unlimited License

The Unlimited License grants the License Holder the right to install and use the Font Software on an unlimited number of computers within the organization, and to use it on an unlimited number of websites and apps.

With this Unlimited License, there is no limit to the License Holder Size.

3.3.5. Subcontractor License Add-On

The Subcontractor License Add-On grants the License Holder the right to share the Font Software with third parties involved in the production of the project/work commissioned by the License Holder. The Font Software may only be installed and used for the purpose of producing the commissioned project for the License Holder. The Font Software may not be used outside of the licensed scope and must be deleted by the third parties once the work for the License Holder ends.

The License Holder is obliged to inform any third parties who our Font Software is shared with of the terms of this End User License Agreement and ensures that they abide by the terms of this contract.

3.3.6. Trial License

By downloading, installing and using our Trial fonts, the terms of this Trial License must be met.

The Trial License grants the License Holder the right to install the Font Software for the purpose of testing the font, evaluating its suitability for intended uses and systems, and making design proposals.

It is prohibited to use the Trial Fonts for external, commercial or public use. Once the typeface is chosen for a client or project, an appropriate paid license must be acquired.

3.3.7. Student License

If you have purchased any license above and received our student discount, the terms of this Student License must also be met. The student discount is granted upon proof of a valid student ID.

The Student License grants the License Holder the right to use the Font in their personal, academic, educational or non-commercial student projects.

The License Holder is not allowed to use the Font Software for projects outside of the context of their studies, such as commissioned client projects. Instead, an appropriate license for that client/project must be acquired.

3.3.8. Non-Profit License

If you have purchased any license above and received our non-profit discount, the terms of this Non-Profit License must also be met. The non-profit discount is granted upon relevant documentation of the non-profit status.

The Non-Profit License grants the License Holder the right to use the Font in a non-commercial context.

If at any time the License Holder plans to use the Font Software in a commercial context, an appropriate license or license extension must be acquired.

3.4. License Update

The License Holder must ensure the validity of their license by making sure that the licensed License Holder Size is in accordance with their current employee number. If the number of employees should increase over time such that a license update is required, the License Holder is required to contact Comma Type in order to purchase a license extension appropriate to this increase. Otherwise, the right to use our Font Software is terminated.

Comma Type may perform checks at irregular intervals to ensure license compliance.

3.5. Designer Acting on Behalf of Client

A Designer or Design Agency may purchase license(s) on behalf of their clients. They may not quote any other price than the one set by Comma Type.

It is important to note that the commissioning client is the License Holder and that their company name is stated during the checkout process. The Designer must ensure that the License Holder has been informed of, has understood and agrees to the terms of this agreement without any alterations or amendments before purchase.

Both the License Holder and the Designer must adhere to the licensing terms and conditions.

The Designer is covered by the license(s) obtained by the License Holder and may install the Font Software under the condition that the Font Software is only used for work commissioned by the License Holder and within the scope of their license(s). If the Designer wants to use the typeface for other clients or projects, an appropriate license for that new client/project must be purchased.

The Designer is obliged to ensure that at any time the Font Software is secured in a way that prevents unauthorized access, extraction or use and that it is not distributed outside of their organization, except for licensed Subcontractors of the License Holder. The Designer is not allowed to send documents containing the font to unlicensed third parties. Any document sent to an unlicensed third party must have its content vectorized or embedded inside an image (PNG, JPG, TIFF, etc.).

4. LICENSE RESTRICTIONS

4.1. Modification

The Font Software, its source code and design may not be modified, copied, renamed, extended, converted, disassembled, reverse-engineered, reformatted or in any other way manipulated.

The Font Software may not be opened or changed in font editing software.

It is prohibited to create a custom version, additional characters that are not part of the character set issued by Comma Type, or any other derivative product or design.

Any modifications that the License Holder wishes to make must be discussed as part of a commission with Comma Type.

4.2. Distribution

The License Holder is obliged to ensure that at any time the Font Software is secured in a way that prevents unauthorized access, extraction or use and that it is not distributed outside of the organization, except for licensed Subcontractors.

The Font Software may not be copied or shared with unlicensed third parties. When shared with licensed third parties, a copy of this contract must be enclosed.

The Font Software may not be embedded in a way that it can be extracted by unauthorized third parties. Licensed users are also not allowed to send documents containing the Font Software to unlicensed third parties. Any document sent to an unlicensed third party must have its content vectorized or rasterized as part of an image (such as JPG, PNG, etc.).

The Font Software may not be stored on public servers or repositories (such as Github).

The Font Software may not be sublicensed, sold, lent or leased to an unlicensed third party.

4.3. Critical Uses

It is prohibited to use the Font Software in the context of hate speech, violence, racism, discrimination or anti-democratic movements.

The use in political or religious contexts requires prior written consent from Comma Type.

4.4. Artificial Intelligence

It is prohibited to use Comma Type Font Software, their design or their code to train Artificial Intelligence.

5. GENERAL

5.1. Copyright

The purchase covers the license to our Font Software which grants certain rights of usage. The License Holder does not acquire any rights of ownership in the Font Software.

The License Holder acknowledges that the Font Software, including its design, name, trademarks, outlines, structure and code, remain the intellectual property of Comma Type and are as such protected under German copyright laws.

All rights not expressly granted under this agreement are reserved to Comma Type.

5.2. Refunds

All sales are final. Since the Font Software is available as instant digital download, it is non-refundable.

5.3. Technical Support

Comma Type provides its Font Software “as is” and does not guarantee that the Font Software will operate without fault. We use modern technology to produce our fonts and aim to comply with current technical standards. However, we cannot guarantee that our Font Software will perform error-free on all systems, especially older systems or cutting-edge technology. In particular, Variable Fonts are not yet supported by all software applications. It is the License Holder’s responsibility to ensure that the Font Software meets their specific requirements. We provide extensive Trial Fonts for this purpose.

If you can show that our Font Software does not comply with current technical standards, please get in touch with us within 14 days of purchase. If the malfunction lies on our end, Comma Type reserves the right to correct the error within 30 days of notification. If Comma Type is unable to fix the issue, the License Holder may ask for a refund within 30 days. After the refund, the license is terminated with immediate effect and any further use of the Font Software is prohibited.

5.4. Warranty and Liability

Comma Type does not and can not provide any express, implied or statutory warranties or representations like warranties of fitness for a particular purpose, requirements, merchantability, performance, non-infringement, etc. The License Holder warrants and represents that they have the right to enter into this contract and that their use of our Font Software will not harm anyone, violate any law, or infringe on anyone’s rights.

The License Holder acknowledges and agrees that Comma Type shall under no circumstances be liable for any indirect, consequential, or incidental damages, losses, or expenses incurred (including without limitations damages due to loss of profits, loss of data, loss of business opportunities, business interruption, or loss of savings), arising out of the use or inability to use the Font Software.

The License Holder agrees to indemnify, defend and hold Comma Type and our subsidiaries, affiliates, parents, partners and licensees harmless from any demands, loss, cost, liability, damage, claims or expenses (including attorney’s fees) made against Comma Type by any third party due to or arising out of any breach of the License Holder’s obligations, representations, or warranties in this agreement. Neither party will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of this agreement.

Comma Type’s entire and exclusive liability to pay any kind of damages and the exclusive remedy shall be limited to a refund of the license fee the License Holder paid for the Font Software.

5.5. Termination

This contract will terminate without financial compensation if it is evident that the License Holder does not comply with the terms of this agreement.

In the event of termination, any licenses and rights to use the Font Software end with immediate effect. The License Holder and any associated Designers and Subcontractors must delete the Font Software within seven days of termination, including any backup copies and modified copies, and certify in written form that no copies remain in their possession or control.

5.6. Marketing

Comma Type maintains the right to showcase and share select examples of how our typefaces are being used for marketing and promotional reasons, for example on our website, social media accounts, lectures, books, magazines, and/or publication through third parties such as design competitions or publishers. Comma Type is entitled to use the License Holder’s name and trademarks to identify them as customers and will only use public projects and visual material that is either freely available or has been provided to us, using appropriate credits whenever possible.

If the License Holder does not wish to grant this right, they must notify Comma Type within 7 days of purchase.

5.7. Final Provisions

This agreement constitutes the entire agreement between the License Holder and Comma Type in regard to the License Holder’s purchase and replaces any previous agreements or discussions. There are no other written or oral agreements. Any verbal agreements are only binding if they have been acknowledged and confirmed in writing by Comma Type. No variation of the terms of this agreement or any different terms will be enforceable against Comma Type in the absence of an express written amendment or consent, including a written express waiver of the affected terms of this agreement. Any decision to waive a right or allow an action at any point does not oblige us to do so again at a later time.

If any provision of this agreement is found to be invalid, void or unenforceable, only that part of the agreement shall be revoked. All other provisions shall remain effective and enforceable to the greatest extent permitted by law. The invalid provision shall be replaced with a provision that effects the intent of the invalid provision.

This agreement is exclusively governed by the laws in force by the Federal Republic of Germany. The place of jurisdiction is Berlin, Germany. The rights and obligations arising from this contract are based on German law, even in the event that the exertion or breach of contractual rights takes place in a foreign country.

The provisions of the United Nations Convention on the International Sale of Goods shall not apply to this agreement.

The License Holder is responsible to pay any taxes they are obliged to pay in their country, including any withholding taxes, which will not be deducted from their payments to us.

Comma Type reserves the right to make occasional updates and amendments to this End User License Agreement without prior notification. Changes are indicated by a new version number. Please retain a copy of your agreement from the initial purchase for future reference.