end-user license agreementeula
This End-User License Agreement is a legal contract between bvh type and you. Please read this document carefully because it governs the use of the Font, states your rights and the rights reserved by bvh type. bvh type advises that you download a copy of this Eula for further reference. By purchasing, downloading, installing, handling, using the Font, you confirm that you have read, understood and agree to be bound by the terms and conditions of this Eula. If you do not wish to enter into this Eula, do not purchase, download, install, handle or otherwise use the Font.
This document replaces and supersedes any prior oral or written agreement, proposal, promises and negotiations between bvh type and you concerning the Font. This Eula embodies the entire agreement between bvh type and you, and cannot be amended or modified without the written consent of bvh type. bvh type reserves the right to amend or modify at any time, and without prior consent or notice, the terms and conditions of this Eula. Any changes will be made public through our website www.bvhtype.com. All the rights not expressly granted in this Eula are owned and retained by bvh type and, therefore, are not permitted without the specific written consent of bvh type.
If you are unsure whether your use is permitted or not or if you have any question concerning the Licensing options, please send us an email, we would be happy to provide you more information or to help you in any way!
“Agreement”, “Contract”, “End-User License Agreement”, “Eula”
- refers to this very document which binds you to bvh type.
“bvh type”, “we”, “us”
- refers to BVH Type S.A.S, a simplified joint-stock company with a share capital of 10,000 euros, registered within the Paris Trade and Companies Registry under the number 922 268 529, whose registered office is 9 avenue Taillade, 75020 Paris, France. Jointly held by André Baldinger and Toan Vu-Huu.
“you”, “End-User”, “User”, “Licensee”
- refers to the singular person, company, entity, organisation, operating in a single location, purchasing the License. Everyone using, handling or having the Font must be made aware of this Eula and are bound to its terms and conditions.
“Font”, “Font Software” have the same meaning in this document, defined as the designs of the Font together with the Font Software.
- the Font refers to the design, composed by all its typographic elements whether they are letters, numerals, ornaments or all the other glyphs.
- the Font Software refers to the digital file that you will receive and install on your computer. It embodies the weights, styles and widths of the Font.
- refers to the permission to use the Font on a specified media/medium. We offer different types of Licenses depending on your intended use.
The Font is not sold but licensed to you. No ownership rights are granted by this Eula. The Font, its design and any part of it are the sole and exclusive property of bvh type, as well as all associated copyrights and trademarks. The structure, organisation and code of the Font Software are valuable trade secrets of bvh type and the Licensee agrees to treat them as such.
The Licensee acknowledge that the Font, and all copies thereof, are protected by the French Intellectual Property Code, regardless of the country where the Font is used, and by the copyright and design laws of other nations and by international treaties. The Licensee agrees that he or she will not claim any rights on the Font and any related or derivative fonts, and will not challenge or contest the validity or the exclusive ownership of the Font. Under no circumstances shall the Licensee consider or act as the owner of the Font or of its Intellectual Property rights.
Installation / Storing
bvh type provides Font Licensing directly to the Licensee via its own website and does not offer Licenses for its Fonts through resellers or intermediaries. The Font can be installed on the agreed number of computers owned by the Licensee within the same business place, all specified in the invoice. The Font might be installed on a single file server for use on a single Local Area Network (LAN), within the Licensee organisation, only if all the computers that have access to the server are covered by the number of computers allowed by the contracted License. The Licensee may make back-up copies of the Font, regardless of the number of computers allowed in the License, for archival purposes only. Copies must contain the same documentation, copyright or trademark, and other proprietary notices that appear on, in or with the Font.
The Font must not be installed on a public server. The Licensee must ensure that the Font is protected and not accessible to the public or to any unlicensed user.
The Licensee guarantees that the members of his or her entity are informed of the terms and conditions of this Eula and that they comply with them. It is the Licensee’s responsibility to ensure that all License restrictions, extents and limitation are communicated internally.
Permissions / Restrictions
This Eula grants the Licensee limited rights to use only the specified style(s) of the Font mentioned in the invoice upon receipt of the full payment, according to the License he or she has contracted. bvh type offers several type of License: Desktop, Web, Social Media, Application, ePub…
This License is non-exclusive and non-transferable. The Licensee may use the Font in perpetuity with no further licensing costs, except if the License is upgraded to cover more computers or domains, and if the Licensee stays within the usage terms of this Eula. There is no geographic limitation to the Font, the Licensee may use it worldwide.
Unless explicitly authorised in the License you are purchasing, the listed below are prohibited. You may not, under any circumstances:
- modify, distort, alter or customise the design of the Font, even if converted to outlines with the help of an editing or design software.
- add any character or glyphs, add any weight, develop the Font for another language, create a custom or derivative version of the Font.
- open the Font in any editing software in order to reveal its structure, organisation or code.
- decompile, disassemble, reverse engineer, decrypt, temper with or try to access to the source code of the Font.
- rename or reexport the Font.
- convert a Desktop Font (.otf or .ttf) in a Webfont (.woff .woff2 .eot) and vice-versa. The appropriate License must be purchased.
- sublicense, sell, distribute, lend, lease or give the Font.
- use the Font for commercial uses where the Font, or any part of its design, is the main graphic element; such as, but not only, mugs, apparel with typographic characters or slogans, textiles, letter-shaped products, tote bags…
- use the Font for alphabet products such as, but not limited to, house numbers, stamps sets, rub-on-letters, adhesive alphabet letters, alphabet punch and die sets, or any other product containing any image of or derived from the Font.
All and any modification of the Font in any form must be exclusively made by bvh type only and the Licensee cannot commission or authorise a third-party to do so. Please contact us to discuss any requirements.
The Font may be embedded in Portable Document Format (pdf), PostScript (ps) and Encapsulated PostScript (eps). The Licensee is untitled to embed the Font in documents only if they are in a secured read-only mode, as a preview, or as a print view, and that a third party cannot extract the Font or edit the document. Any embedding not expressly specified above or in the License you are purchasing is prohibited.
Third Party / Printer
Anyone using the Font within your company, entity or organisation, must be covered by a License. Under no circumstances the Licensee may share the License with a third-party, a designer or design agency working for him or her. They have to purchase their own License from bvh type to accomplish this work. Similarly, if you are a designer or a design agency, your License does not cover your client if he or she needs to install and use the Font or edit documents containing the Font. He or she needs to purchase his or her own appropriate License from bvh type. The designer or designed agency commissioned cannot purchase the License on behalf of its client or any third-party.
You can upgrade your License at any time by contacting bvh type. However, if a temporarily self-employed third party or an intern is working for the Licensee at his or her business location, the Licensee might provide them the Font, if they are covered by the number of users allowed in the purchased License. They must only use the Font for the Licensee organisation’s work and professional collaboration.
The Licensee is allowed to provide, for a limited period of time, the Font to a printer, pre-press, service company or a web/app developer that is working on its behalf only if:
- the Licensee provide them a copy of this Eula.
- they are not making any design and/or editing work. If so, they must purchase from bvh type their own License.
- they agree to permanently delete the Font and any copy of it upon completion of the work. The Licensee agrees to take reasonable steps to ensure this happens.
By doing so, the Licensee is not transferring his or her License and the Font may only be used in order to accomplish the work specified in the contract between them and the Licensee.
The Font will only be made available once the Licensee has paid the full price of the License to bvh type. The Font is subject to a one-time fee, except if the License is upgraded to cover more computers or domains. The Licensee shall pay in euros (€ EUR) only. VAT will be applied in addition to the rates and conditions in force. The Licensee is responsible for paying any applicable fee regarding the License sale. The price of the License depends on the options and size the Licensee have contracted during his or her purchase. bvh type reserves the right to update the License purchase prices on its website at any time and without notice.
Credits / Marketing
The Licensee hereby agrees to do its best to credit and identify the Font name and bvh type in the colophon or the design credits of the project, according to the sector’s usage.
From the moment the Licensee make the use of the Font public, bvh type is entitled to use the images, videos, names and credits associated with the use of the Font for marketing and communication purposes only. If the Licensee does not wish to allow us to do so, please let us know in writing within 14 (fourteen) days of purchasing the License.
by the Licensee
The Licensee warrants that he or she has the legal capacity to consent to this Eula. The Licensee warrants that he or she will use the Font in accordance with the terms and conditions of this Eula. The Licensee warrants that the members of its entity are informed of the terms and conditions of this Eula, that they comply with them and that they are also bound to this contract. In the event of a claim by a third party concerning the Licensee’s use of the Font or this Eula, the Licensee agrees to indemnify and keep bvh type harmless from all claims, judgments, liabilities, expenses or costs arising in connection with such claim.
by bvh type
bvh type warrants that it has the legal capacity, as well as all the intellectual property rights, which allows it to grant the License for the use of the Font. bvh type warrants that the Font will perform properly, in accordance with the documentation published on its website, for the thirty (30) days following the purchase. Within these thirty (30) days, the Font can be exchanged and replaced if it does not perform properly. To do so, please contact us with a copy of your invoice and any documents/screenshots proving the malfunction. Any replacement Font will be warranted for another thirty (30) days. All sales are final, bvh type cannot grant any refund.
Due to ever evolving and changing nature of technology, bvh type cannot warrant that it will update or carry out maintenance operations on the Font during the entire License period, or that the Font will properly function on every platform or software. bvh type cannot warrant that the Font will perform properly on all computer’s operating system. bvh type cannot be held responsible for operating system errors or inoperability faults. bvh type expressly disclaims all warranties, express and implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. It is the Licensee’s responsibility to ensure that the Font is fit for his or her purpose. bvh type provide the Font “as is” and cannot promise that the operation of the Font will be uninterrupted or error-free.
bvh type excludes any liability whatsoever to the Licensee for any consequential, incidental, indirect, special damages such as loss of profits or savings, commercial or financial loss, time or data loss, increase in overhead costs, lack of legibility, or for any claim by any third party, resulting from the use of, or the inability to use, the Font; even if bvh type have been advised in advance of the possibility of such damages. bvh type has taken every effort to check the Font for viruses, however bvh type cannot take responsibility for any damage caused to the Licensee’s hardware, or a loss of income resulting from that. The Font is downloaded, installed and used at the Licensee’s own risk.
The Licensee hereby agrees that the entire, exclusive and cumulative compensation or remedy for any prejudice he or she suffered resulting from the use of, or the inability to use, the Font shall be limited to the amount of the License price, mentioned on the invoice. The limitation of warranties and liability applies to the fullest extent permitted by any applicable laws and regulations. The Licensee therefore agrees that all implied warranties are not effective for more than thirty (30) days. Where the liability cannot be wholly excluded due to binding legal provisions, bvh type is liable for damages incurred by the Licensee only to the extent that bvh type acts in a grossly negligent manner or in the case of intentional misconduct.
Minor breach of contract
bvh type trusts the Licensee to truthfully and correctly present the usage of the Font and to provide accurate and sincere information when ordering the Font. If the Licensee’s use of the Font exceeds the number of users allowed, or any specification on the invoice, or if the views on the website exceeds the views authorised in the invoice for 3 months in a row, the Licensee have to upgrade his or her Licence. If the License have been exceeded, this is a minor breach of this contract. If the Licensee is using an inappropriate License (e.g. a Desktop License used for a website for instance), this is a minor breach of this contract.
The Licensee agrees to correct the minor breach within fourteen (14) days of written communication via email or post is received. If the breach is not corrected, it will constitute a major breach of contract. As a result, bvh type will be entitled to charge the Licensee the full price of the Licence it should be covered by, increased by 50% and/or to withdraw the License. If the Licensee pays the requested price, he or she will be able to continue to use the font but will still be obliged to abide to this Eula. Any other breach not specified above will be considered as a major breach of contract and will result in the immediate termination of the License.
Any breach of this contract or unlawful misconduct will result in immediate termination of the License Agreement and any right to use the Font. In the event of a termination of the License, the Licensee must:
- ceases to use the Font without refund or any financial compensation whatsoever.
- delete permanently the Font, and all of its copies, and certify to bvh type that no copy remains in his or her possession or control.
- withdraw all materials (print, digital, application, broadcasting) containing the breached License. No republishing or reprinting is authorised after the termination of the License.
In the event of a major breach of contract, bvh type will be entitled to charge the Licensee the full price of the Licence it should be covered by, increased by 50% and/or to withdraw the License. Even after a breach of contract, the Licensee is still obliged to abide to this Eula. If the Font is unlicensed and used, this will constitute a major breach of this contract. The user will therefore automatically agrees to retroactively settle with the appropriate License by paying in full for the usage, increased by 50%.
bvh type reserves its right to claim the Licensee for any damage, loss and costs, including attorney’s fee and expenses, that bvh type may incur or suffer in relation to any breach of this contract, and to exercise any other rights and remedies, in particular for appropriation of profit.
Applicable law and jurisdiction
Before any referral to a court, each party ensure to inform the other of any difficulty, by email or registered letter with acknowledgment of receipt, and to try to find a reasonable and amicable solution. This contract is subject to and shall be interpreted in accordance with the laws in force in France, excluding its conflict of law rules. Any dispute regarding the validity, interpretation or performance of this Eula arises in France and shall be subject to the exclusive jurisdiction of the competent courts of Paris, France, even if the breach of contractual rights takes place in a foreign country.
As a result, the Licensee hereby agrees that the application of the United Nations Convention on Contracts for the International Sale of Goods (1980) as well as the United Nations Convention on the Law applicable to International Sales of Goods (Den Haag 1955) are expressly excluded.
If one or any of the provisions of this contract should be declared invalid, void or unenforceable, by a court of competent jurisdiction, it shall not affect the validity the other provisions, which remain in full force and effect. The invalid provision shall then be replaced by bvh type with a provision permitted by law and that most closely effects the intent of the invalid provision. The failure of bvh type to insist upon strict adherence to any terms of this Eula shall not be construed as a waiver, and shall no deprive bvh type of the right thereafter to insist upon strict adherence to this Eula.
type of licenses
The Licensee can buy one or several type of Licenses depending on its requirements. All the above provisions apply to the Licenses, except if expressly stated otherwise in the relevant License.
- Font will be provided in .otf format if you purchase a Desktop, Social Media, Application, ePub, Broadcast / Video, Entreprise / Corporate, Merchandise and Video games Licenses (.ttf format is available on demand).
- Font will be provided in .woff and .woff2 if you purchase a Web License.
If you wish to purchase the Font for more than 100 users, please contact bvh type, which will offer an adapted License. If you have any question regarding the Licenses, if you think your use is not addressed or if you want to ask us about your requirement, please contact us, we would be happy to help you!
The Trial Font contains the entire character set, features and kerning of the Font. The use of Trial Font is limited for testing and trial purposes, for paid and unpaid pitching, as well as for evaluating the Font in the context of your own work. The Licensee is entitled to use the Trial Font for both print and web/electronic use, and to create test documents, test visuals or test web pages for the purpose of examining the Font’s aesthetic properties. The use of the Trial Font must remain within an internal context, and must not be publicly displayed. If you use a Trial Font for your professional projects, commercial projects, self-promotion, any type of publication or final files, this will constitute a major breach of contract.
Students, for the duration of their studies, are entitled to use the Trial Fonts free of charge for their school projects, diploma projects and self-promotion. However, if they are working on a professional or commercial project, they must purchase the appropriate License.
This License allows you to install the Font on your computer to design images and documents. The Desktop License is restricted to the use of the Font by the agreed number of users declared by the Licensee, stated on the invoice.
You may use the Font to create:
- printed documents, books, newspapers, magazines, posters
- more generally in the context of any literary and press publishing activity
- packaging, stationery, visual identities, logos (as long as you do not modify the Font), manufactured or derived products bearing the visual identity
- digital documents intended to be printed
- vinyl or printed signage
- exhibition titles, texts, cartels, chronologies, graphics
- print advertising, flyers, brochures, posters, out-of-home advertising, banners
- corporate documents and annual reports
- letter heads, business cards, wedding invitations
- rasterised website images such as .jpg .png .gif (images that are created and flattened in desktop publishing softwares, the Font should not be embedded in any way whatsoever).
You may not use the Font for any dynamic online utilisation (please check our Web License or Broadcast Licence for this type of use).
This License allows you to display the Font on a website. You may use the Font to create a website, whose domain is specified in the invoice, that enables the Font to be displayed on screen only, regardless of terminal used (telephone, computer, tablet, etc.). The domain must be owned by the Licensee. The License corresponds to one (1) domain, and its subdomains, characterised by a URL (Uniform Resource Locator). You need to purchase a new Web License for each URL. Agencies responsible for multiple clients’ websites, for example web design agencies or hosting providers, may not share a single WebFont License across multiple clients’ websites.
The Web Licence is restricted to the maximum number of page views by month, specified by the Licensee on the invoice. bvh type might asks you to provide screenshots of the server analysis. If the views on the website exceeds the views authorised in the invoice for 3 months in a row, the Licensee have to upgrade its Licence.
The WebFont is provided for the purpose of ‘self-hosting’. The Licensee must only use the @font-face technology. Any other technologies such as, but not limited to, sIFR, Cufón, or Typeface.js are not allowed. You may use the Font in newsletters associated with the website, using the same method as described above. You may not use the Font to create or save raster or vector images.
The WebFont (.woff .woff2) have to be stored on the same server as the other softwares and assets associated with the licensed domain. It must not be possible for any third party to direct link, copy, or download the Font. The access to the Font must be protected by disabling hotlinking and direct links to the Font with a file .htaccess or httpd.conf. The Licensee may subset the character set of the WebFont with an application or service that enables him or her to reduce the number of characters or features of the Font, but bvh type does not offer any support and do not guarantee the proper functioning of any subsetted WebFont.
This License allows you to create, design and display images or videos for social medias such as Instagram, Twitter, Facebook, Snapchat, TikTok…
This License allows you to embed the Font in software or mobile application to style dynamic, static or editable texts. You may embed the Font in an app running on iOS, Windows Mobile and Android mobile operating systems, for the purpose of displaying the Font on screen when running the app on the terminals, insofar as they support the Font provided by bvh type. You may ensure that the Font cannot be extracted from your app. The Font may not be used aside from the Font’s use as embedded Font in your app. Any design or editorial work is excluded from this License.
This License allows you to embed the Font in electronic publications such as e-books, e-magazines, e-periodicals, e-newspapers, online, offline or on e-readers. You may use the Font to create books by embedding the Font in Portable Document Format (.pdf), EPUB (.epub), iBook (.ibooks), Kindle (.azw, kf8) documents, for the purpose of displaying the Font. This License allows the use of the Font on multiple issues/numbers/titles of an electronic publication owned by the Licensee.
Broadcast / Video
This License allows you to display the Font in videos, clips, series, films, broadcasting and streaming context, television, advertising video campaigns or billboards. Price on demand.
This License allows you to create commercial products where the Font is used as the main graphic element. This License may apply to design apparel with typographic characters or slogans, textiles, letter-shaped products, tote bags, mugs or other ceramics; for alphabet products such as house numbers, stamps sets, decals, rub-on-letters, adhesive alphabet letters, alphabet punch and die sets, or any other product containing any image of the Font. Price on demand.
This License allows you to embed the Font in online and offline video games. Price on demand.
Politic / Religious
The use of the Font for any kind of message, communication, campaign, of political, lobbying and/or religious party, requires the written consent of bvh type, granted at its sole discretion.
bvh type may process the Licensee’s data if he downloads a Trial or purchases a product from the bvhtype.com website for the purpose of the execution of the License and to complete the invoice.
bvh type is processing the names, company names, VAT numbers, postal addresses, email addresses, website addresses and social media handles. bvh type is not collecting any banking information as the payment operation is performed by Stripe.
These data are collected and stored for the purpose of:
- verifying that the use of the Licence does not exceed its scope
- auditing and controlling the use of the Fonts
- billing and accounting
- sending information on new Fonts, updates, services, products proposed by bvh type
bvh type guarantees that it will take all reasonable measures to protect the Licensee’s data in order to ensure the confidentiality, integrity and security of the data collected in the context of a sale or download of Trial Fonts. bvh type makes every effort to prevent access to this data by unauthorised third parties. Despite all these precautions, the complete integrity of the data cannot be guaranteed and shall not be enforceable against bvh type.
The data controller is BVH Type S.A.S., a simplified joint-stock company with a share capital of 10,000 euros, registered within the Paris Trade and Companies Registry under the number 922 268 529, whose registered office is 9 avenue Taillade, 75020 Paris, France. Jointly held by André Baldinger and Toan Vu-Huu.
bvh type undertakes never to disclose, either publicly or with third parties, the processed Licensee’s data unless explicitly authorised by the Licensee. bvh type may have to share these data in some exceptional circumstances as listed below:
- if bvh type considers that the disclosure is necessary to enforce compliance with the License the Licensee agreed to respect
- if bvh type is required by law, in the context of legal proceedings, litigation or a request from public authorities, to share the data
- if bvh type judges that, for national security or the public interest, the data disclosed is necessary and valuable
- if bvh type is restructured, merged or transferred, it may handle the collected Licensee data to the third-party concerned
The Licensee has the right to access and rectify his data. It can demand that the use of its data be restricted, or even oppose it, but this will in some cases lead to the legal impossibility of using the License. The Licensee may request that his data not be used for commercial prospecting by bvh type. The Licensee may at any time assert his rights by writing to email@example.com or by post to the address specified above.
The data collected by bvh type in the case of a License purchase may be kept for an unlimited period of time due to the nature of the License system. This makes it possible to link the License to its Licensee, in order to help bvh type controlling potential illegal uses. Other data collected, not related to the purchase of a Licence, is kept for a period of three (3) years.
bvh type keeps the collected data for three years after the end of the License.