This End User License Agreement ("EULA") is a legal agreement between you, the Licensee (the entity or organization on whose behalf the Fonts are used, and whose name is specified during the checkout or sale process), and Céline Hurka for the use of the font software created and distributed by Céline Hurka. By installing, accessing, or using the font software, you agree to be bound by the terms of this EULA. If you do not agree to these terms, do not download or use the font software.
1. Definitions
1.1. "Fonts": Refers to the font software created and distributed by Céline Hurka.
1.2. "Licensee Size": Refers to the number of users covered under the license, as determined during the purchase.
1.3. "Trial Fonts": Refers to the free trial version of the Fonts provided for testing purposes.
2. Ownership
2.1. The purchase of a license does not grant you ownership of the Fonts. Upon payment, you are granted a non-exclusive, revocable, and limited license to use the Fonts by Céline Hurka in accordance with the terms of this EULA. All Fonts, trademarks, electronic data, designs, and names remain the exclusive property of Céline Hurka.
2.2. You acknowledge that the construction, organization, and design of the characters within the font are also the exclusive property of Céline Hurka.
2.3. You further acknowledge that all of Céline Hurka's font software is protected under domestic copyright and other intellectual property laws of the Netherlands, as well as international copyright and other intellectual property laws of other nations or treaties.
2.4. It is strictly prohibited to copy, redesign, or modify any font software from Céline Hurka and distribute it to third parties. Your license is limited to the authorized users, and no additional rights are granted.
3. License Grant
3.1 Full License
Upon receipt of full payment of all applicable license fees, Céline Hurka grants you a limited, non-exclusive, non-transferable right to use the Fonts in accordance with the terms of this Agreement.
3.1.1 Installation
You may install the Fonts on any number of devices within your organization.
3.1.2 Web Usage
You may use the Fonts on any number of websites owned and controlled by your organization.
3.1.3 Embedding
You may embed the Fonts in static documents (such as PDFs), in eBooks, digital products, installable applications, and other media produced by your organization.
3.1.4 Web Embedding
You may serve the Fonts on websites using the CSS @font-face rule and in the WOFF and WOFF2 formats. Use of the Fonts in OTF format on the web is not permitted.
3.1.5 Licensee Size
The cost of a license is determined based on the Licensee Size. A license remains valid if the Licensee Size increases, provided the Licensee Size was correctly stated at the time of purchase.
3.2 Student License
All current students are eligible for a free license. The license allows students to use the typefaces for non-commercial and self-initiated projects within the realm and duration of the study. To receive the discount, please send an e-mail including a copy of your student ID along with the name of the typeface you wish to purchase. Once verified, you will receive the files.
3.2.1 Limitations
You may not use the Fonts beyond the extent of your studies or for any public and commercial projects.
3.3 Post Graduation Discount
If you are currently enrolled in a study program but would like to use a typeface beyond the duration of your study, you are eligible for a 50% discount on all typefaces. This license applies only to personal projects (art projects, portfolio website, etc.) and with a credit. Please send an e-mail with your proof of enrollment and the purpose of the project.
3.4 Non-Commercial Activist Usage
All typefaces are free of charge if you use them in non-commercial, activist contexts, which comply with Céline Hurka's personal values. This includes projects that promote causes such as anti-discrimination, feminism, environmental activism, and other socially impactful initiatives. If you plan to use a typeface in any of these scenarios or if you are unsure whether your project qualifies for a discount, please reach out via e-mail for verification. Upon evaluation of the cause, you will receive your free license.
3.4.1 License Restrictions
You agree to comply with the terms of the free license, which is specifically intended for non-commercial and activist usage. This license is limited to projects falling within the described context and may not be used for commercial purposes. If you plan to use the same typeface in another context, such as for commercial or public projects, you are required to purchase a full commercial license.
3.5 Trial
Trial licenses are provided free of charge and include the full character-set of the Fonts. These licenses are intended for testing and evaluation purposes.
3.5.1 Installation and limitations
You may install Trial Fonts on any number of devices within your organization to assess their suitability for your intended use. You are required to purchase a licence if you decide on using the typeface for a commercial project.
4. Responsibility, Sharing, and Distribution
4.1 Responsibility
As a Licensee, you are solely responsible for safeguarding the Fonts from unauthorized use, access, duplication, or distribution, whether direct or indirect. You agree to take appropriate measures to ensure the Fonts do not fall into the hands of third parties or become accessible in the public domain.
4.2 Prohibited Actions
You may not share, lend, sell, split, or distribute your license to a third party under any circumstances. Your license is strictly for your organization's internal use, and it may not be transferred or made available to others who have not obtained their own valid license from Céline Hurka.
4.3 Online Sharing Restrictions
The Fonts may not be uploaded, shared, or distributed on file-sharing platforms, forums, or social media.
5. Backups
5.1 Backups Permissions
You are allowed to make backups or archival copies of Céline Hurka's Fonts. However, you must ensure that the files do not get handed over to third parties, become available for download, or accessible by the general public.
5.2 Limitation on Redistribution
Backups and archival copies are for your private use and must not be used as an alternative means of distributing the Fonts. You may not provide the backups or archival copies to others who have not obtained their own valid license from Céline Hurka.
6. Restriction of Modification
6.1 Limited Modification Rights
You may not decompile, hack, reverse-engineer, reformat, alter, edit, or create derivative works of the Fonts or engage any third party to do so without prior written permission from Céline Hurka.
6.2 Permitted Modifications
You may not open or change the Font files, including decompiling, hacking, reverse-engineering, reformatting, altering, editing, or creating derivative works of the Fonts or engage any third party to do so without prior written permission from Céline Hurka.
6.3 Custom Bespoke Projects
Any restricted modification you wish to make to the Fonts beyond what is permitted in subparagraph 6.2 should be discussed with Céline Hurka as a custom bespoke project. In this case, an additional fee will be agreed upon for the bespoke modification and extra licensing. Please reach out if you wish to inquire about bespoke modifications and licensing.
6.4 Prohibition of Plagiarism
You agree not to recreate, copy, trace, or plagiarize the characters or shapes of the Fonts. Any violation of this can result in immediate termination of your license and the pursuit of legal action.
7. Restriction of Distribution
7.1 Restricted Usage
You may not distribute (share, rent, lend, gift, sell, sublicense, etc.) the Fonts or any copy thereof to any unlicensed third party.
7.2 Restrictions against Discriminatory Usage
You may not use the font software, in whole or in part, for any purpose that promotes or incites hatred, discrimination, or violence based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic. You shall not create or distribute typographic works that contain offensive, defamatory, or discriminatory content. Céline Hurka reserves the right to determine the appropriateness of any usage and may revoke the license if the font software is used in violation of this restriction.
7.3 Political or Religious Usage
You acknowledge that any explicitly political or religious usage of the font software, including but not limited to the use of the font software in political and religious campaigns, advertisements, or propaganda, requires prior written permission from Céline Hurka. You agree to contact Céline Hurka to seek permission and provide details of the intended political and religious usage. Céline Hurka reserves the right to grant or deny permission for such usage at its sole discretion.
8. Warranty or liability
8.1 No Warranty
Céline Hurka is not responsible for any operational faults of the Fonts and shall not be liable for any damages, losses, or expenses incurred. The Fonts are provided "as-is," without the guarantee that they will operate without fault. Céline Hurka does not warrant that the functions contained in the Fonts will meet your requirements, satisfaction, or that the software will operate without error.
8.2 Limitation of Liability
Under no circumstances shall the liability of Céline Hurka exceed the substitution or replacement costs of the Fonts, whichever is less, and at the sole discretion of Céline Hurka. In no event shall Céline Hurka be liable for any indirect, consequential, or incidental damages arising out of the use or inability to use the Fonts.
8.3 Font Suitability
You acknowledge that the Fonts may not be suitable for all applications, and it is your responsibility to ensure that the Fonts meet your specific requirements.
9. Audit
9.1 Audit Request
Céline Hurka, may, at any time, request an audit to confirm your compliance with this EULA.
9.2 Compliance Statement
In the event of receiving an audit request, you must provide a statement setting out your license and purchases. This will include the computers, servers, websites, applications, or other sources where Céline Hurka's Fonts may be saved or accessed. You will also provide further information, such as order numbers and dates of purchase.
9.3 Non-Compliance
If you are found to be in violation of the terms of this EULA or have been using the Fonts without a valid license, you shall be responsible for all costs and damages incurred by Céline Hurka.
10. Termination
10.1 Termination by Céline Hurka
This EULA is effective until terminated. Céline Hurka may terminate the EULA with notice if it is evident that you have not complied with the terms of this EULA.
10.2 Obligations upon Termination
Upon termination, you must destroy all written materials, the Fonts, including backup copies and modified copies if any, and certify that no copy remains in your possession or control.
11. Refunds
11.1 Non-Refundable License
This license is non-refundable, and all sales are final. Due to the difficulty of verifying complete removal of the font from your devices, refunds are not available.
12. Severability
12.1 Severability Clause
If, for any reason, a part of this license is found to be null, void, or unenforceable, only that part of this license shall be revoked. The rest of the EULA's terms and conditions will remain in place.
13. Governing Law and Jurisdiction
13.1 Governing Law
This EULA is governed and construed in accordance with the laws of The Netherlands.
13.2 Jurisdiction
Any dispute that cannot be reconciled between parties shall be submitted to the exclusive jurisdiction of The Hague District Court.
14 Updates and Amendements
14.1 Céline Hurka's Rights
Céline Hurka reserves the right to make updates and amendments to this End User License Agreement from time to time.
14.2 Notification of Changes
Any updates or changes to the EULA will be communicated to existing Licensees via email or through an updated version on the Céline Hurka website.