End User License Agreement, Store Norske Skriftkompani / Baat AS
1.1. This is a legally binding End User License Agreement (hereafter EULA) between the End User (the “End User, “Licensee”, “License Owner”) and Baat AS for the Licensee’s use of Font Software, its source code, letter shapes and outlines. Licensee means the individual or entity bound by the EULA.
1.2. The term “Font Software” is used for “Font”, “Typeface”, “The Software”, “Webfont”. The term “Font Software” includes all versions, modified versions and working copies of the Font Software.
1.3. The Licensee is required to thoroughly read through the complete EULA before purchasing a license for any Baat AS Font Software.
1.4. This EULA is to be regarded as the complete agreement between the parties. All verbal communications, prior or after the licensee is bound to the terms and conditions, regarding the application of the licensed Font Software are not valid or effective. Any and all rights not expressly granted in this agreement are reserved to Baat AS.
1.5. Any and all users of Font Software of Baat AS is bound to and accepts the terms and conditions in this EULA. By buying, ordering, storing, opening, providing access to or using this Font Software, and/or by opening the packaging containing the Font Software you agree to the Terms and Conditions in this EULA, and understand and accept them accordingly.
1.6. The Licensee is not permitted to access, download, and/or use the Font Software prior to accepting a contractual obligation according to the EULA
1.7. Baat AS reserves the right to modify the EULA.
1.8. The Licensee agrees to inform anyone with whom they share access to the Font Software about the content and conditions of the EULA.
1.9. The Licensee confirms, by placing an order of a Font Software from Baat AS, that it has the full authority, or has been authorised by those to have full authority, to enter into and perform the EULA.
2.1. Baat AS is the sole owner of copyrights of the Font Software and other intellectual property rights therein. Baat AS only sell and issue licenses to use the Font Software, and does not distribute or sell the copyright of the design or any other ownership rights of the design or Font Software. The Font Software remains and shall forever remain, the property of Baat AS and its successors.
2.2. The Licensee agrees that the design, letter shapes, structure, organisation, source code and encoding of the Font Software, and all its copies, are owned by Baat AS. The Font Software are protected by Norwegian law, by the intellectual property, trademark and design patent laws of Norway, as well as international treaties.
3. The Standard License
3.1. The Standard License size is determined by the total size of the company who will use, install and manage the license of the Font Software. The number of employees must be reported truthfully upon purchase of the license, in order for the Licensees’ license to be valid. The permitted company size will be stated in the order confirmation. If the company grows, and the number employees exceeds the number stated in the Licensees’ order confirmation, the Licensee is responsible to contact Baat AS and upgrade the License.
3.2. If the Licensee does not upgrade its license to match its number of employees, it voids and annuls the license and any usage right of the Font Software, with immediate effect.
3.3. One Standard License is valid for one single company, business entity, institution only and restricted to one single business location stipulated by the Licensee.
3.4. If the licensed company close down, or merge with other business entities, the license and the Font Software cannot be transferred.
3.5. The Desktop License Font Software is are provided in OTF format only, and may only be used offline.
3.6. The Font Software may only be embedded into public PDF files as vector outlines.
3.7. The Font Software provided for a web license are purpose-made webfont WOFF-format, and must be self-hosted on the Licensee’s server. Baat AS webfonts are provided only for self-hosting.
4. Special Licenses
4.1. For corporate, commercial and/or campaign print use additional licensing may be required. Licence extensions are required for a variety of additional usages, for example use in apps, online advertising, out-of-home advertising, TV, cinema, social media, streaming video, digital point of sale, merchandise, logos, word marks, electronic device displays, business document systems, e-publishing, ticket machines, dashboards, entertainment products, household appliances, merchandise apparel, accessories, presentation packaging, letterform products/objects, channel branding, show idents and promotion, TV ads, movies, trailers, cinema ads, Internet-TV, Video-on-demand, streaming video on social media and on websites, eBooks, e-magazines or any digital periodicals, brochures, catalogues to be read online or offline, on computers, e-readers, tablets, smartphones or any other electronic device etc. In advance of any such use, the Licensee is obliged to purchase the appropriate licence extension directly from Baat AS. License extensions are not available through the website. Inquiries must be made to firstname.lastname@example.org.
4.2. If any Baat AS Font Software (in whole, in parts, or by way of modification of outlines using editing software capable of such modification) is used in the logo or wordmark (static/animated logos, or slogans for branding or advertising Taglines, Trademarks or Brand Claims) of a company, an additional fee applies. The fee is depends on the yearly gross revenue and exposure of the company in question.
4.3. The Font Software shall not be used to create and publish any form of political campaign, nor any other public use by political parties, political organisations, think tanks, lobbying institutions, action committees, etc. (including branding and/or corporate design purposes for any such organisation or entity) without a prior request and written agreement by Baat AS. Baat AS is entitled to refuse any such agreement at its sole discretion and deny any such licensing request with no obligation to explain the refusal. The absence of any reply from Baat AS is equivalent to a refusal of the request. Non-compliance is treated as a serious breach of contract, regardless of it being done against better knowledge, by neglect, or with intent. Baat AS has the right to terminate the licence and right of use, with immediate effect. Baat AS reserves the right to take legal action against any infringer. Legal action may include action for damages, action for an injunction and criminal proceedings.
4.4. Usage in technologies yet to be invented, may be subject to additional licensing. This also applies to Licensees with licenses predating any such future technology.
6. Third Parties
5.1. The Licensee may not distribute, share, sell, give, lease, resell, loan, trade or provide the Font Software. Any way of transferring the Font Software to third parties is strictly prohibited. This also includes, transferring the Font Software as a component of other products.
5.2. The Licensee may not transfer, share, or sublease the Font Software to any other individual or third party. Baat AS only provides Font Software Licensing directly to End Users. Baat AS Font Software licenses can not be sold or bought through intermediaries or resellers.
5.3. Agencies, companies and individuals sourcing and ordering licences on behalf of their clients are fully responsible for the communication to Baat AS of complete and accurate user parameters of their client’s intended use of the Font Software. They must also fully comply with the requirements of Baat AS in any respect. The contractual relationship is formed strictly between Baat AS and the actual End User. But procuring parties will be held liable for any non-contractual use by their clients.
5.4. If the Font Software is embedded in production files, a copy may be shared with prepress and printing entities. If any of these external entities manipulate texts using Baat AS Font Software, an individual license is necessary for those Third Parties.
5.5. All licensed work-stations must legally belong to one business entity.
5.6. If the business entity wants any third parties or self-employed or temporarily-employed freelancers, subsidiary companies, affiliate companies, production companies, design agencies, freelancers and/or any other third party carrying out work on behalf of the Licensee to use the Font Software, a separate license is required for those parties.
6. Handling of Data
6.1. The Licensee may not itself or through third parties reproduce, adapt, recast, translate, alter, modify, extend, rename or otherwise alter the Font Software, or create derivative software using any data contained within the Font Software.The Licensee may not reverse engineer, decompile, decrypt, disassemble, regenerate, or reformat the Font Software in any way, nor seek to reveal the source code of the Font Software.
6.2. The Licensee may not itself or through third parties add additional characters, symbols, glyphs, weights, italics, bolds, cuts, versions of other writing systems (including but not limited to Cyrillic, Greek, Hebrew etc.) or anything of the like to the, or complimenting the Font Software. Nor to make any such extensions using the Font Software, or any of its parts.
6.3. If the Licensee wishes or intends to make modifications of the Font Software, consent and permission has to be obtained in writing from Baat AS. Baat AS is under no obligation to allow such rights. Non-compliance with this provision voids any and all support rights and warranties granted by Baat AS and represents a violation and breach of this EULA and may lead to criminal prosecution.
6.4. If anyone modify the Font Software, despite the prohibition, Baat AS becomes the owner of that modified data. Any rights, including but not limited to copyrights and trademarks, remain with Baat AS. Any expansion or derivatives of the Font Software created by Baat AS must be done or authorised by Baat AS.
6.5. The Licensee is permitted to make backup copies of the Font Software, for the exclusive purpose of data security only. The Licensee is responsible to prevent unauthorised access, and of the use of the backup copies of the Font Software.
6.6. The Licensee must ensure to undertake all necessary steps to prevent unauthorised access to the Font Software.
7. Misuse, Unlawful Use
7.1. Use of Baat AS Font Software without valid and/or adequate licensing is illegal.
7.2. Baat AS reserves the right to take legal action against any infringer. Legal action may include action for damages, action for an injunction and criminal proceedings.
7.3. Any infringer (including agencies, companies or individuals acting on behalf of a company) is abliged to pay Baat AS a retroactive licence, priced at least 200% of the actual licence fee adequate to the illegitimate use.
7.4. Depending on the nature of an offence/violation, and the degree of cooperation in solving the situation with Baat AS, further charges may be added for time spent by Baat AS handling the violation, legal expenses, and to recover damages.
8. Liability and Indemnification
8.1. The Font Software may not be used in any manner or in combination with material that is deemed offensive or punishable by Norwegian or international law.
8.2. The Licensee acknowledges that any use of Baat AS Font Software that may result in harm, injury, death, property or environmental damages is not permitted. This includes without limitation any direct, indirect, incidental and consequential damages.
8.3. Baat AS shall have no liability for any loss or damages caused by the use of their Font Software, including lost profits, lost data, damage to programs or data media, lost savings, or lost business opportunities.
8.4. The Licensee acknowledges that the Font Software are delivered “as is”, and that Baat AS does not provide any warranty or guarantee as to the suitability of the Font Software for any particular purpose.
8.5. The Font Software is not warranted to operate on all computer operating systems. Baat AS is not responsible for inoperability faults or operating system errors. The Licensee needs to provide suitable software and hardware to operate the Font Software, as Baat AS does not supply any such tools.
8.6. In no event is Baat AS liable for any damages sustained by the Licensee arising from the use, or the inability to use, the Font Software.
8.7. The Licensee shall indemnify and hold harmless Baat AS from any and all third party claims.
8.8. Where liability cannot be wholly excluded due to binding legal provisions, in so far as legally feasible, it will be limited to compensation for direct damages up to a maximum of the Licence Fee prepaid by the Licensee in the affected Licence.
8.9. The limitations of liability mentioned above, also apply to the benefit of Baat AS’s employees. Any liability of Baat AS’s employees is excluded.
9.1. Any use of the Font Software, other than what is stated in this EULA, will be construed as breach of contract.
9.2. The Licensee’s breach of contract immediately voids and annuls the license and any usage right of the Font Software, with immediate effect.
9.3. Upon termination, the Licensee must delete all copies of the Font Software. This must be documented upon request of Baat AS.
9.4. If the EULA is terminated due to Licensee’s breach of terms, the license fee will under no circumstance be reimbursed.
9.5. The invalidity or inoperativeness of one or more provisions of this EULA shall not affect the validity of the rest of the provisions of the agreement. The remaining other provisions shall remain unaffected. An invalid provision shall be replaced by a provision that is permitted by law and which approaches the invalid provision.
10. Law and Jurisdiction
10.1. Any dispute arising from this EULA is governed by the law of Norway. Place of jurisdiction is Oslo, Norway.
10.2. The Licensee consents to the jurisdiction of the Norwegian Courts over any dispute arising out of this EULA, even if the breach of the agreement takes place in a foreign country.
10.3. This agreement is not governed by the “United Nation Convention on Contracts for the International Sale of Goods.” (Vienna 1980), nor the Law applicable to International Sales of Goods (Den Haag 1955).
This EULA is published by Baat AS. If you have any questions, please use the contact information provided below.