Introduction

Please read this document carefully. We recommend that you keep a copy for further reference.

This End User License Agreement (the “Agreement”, “EULA”, “License”, “Agreement” or “License Agreement”) is a legal agreement between you and Noir Blanc Rouge foundry (“Noir Blanc Rouge”) and shall be a binding contract between you and Noir Blanc Rouge. This Agreement governs the terms of use of the font software and the typeface embodied in it, for joint use on all media, printed materials, electronic documentation, updates, add-ons, artwork and any web services, as well as any other use, whether presently or in the future. This License Agreement becomes effective (a) when you choose to “ACCEPT THE TERMS OF THE LICENSE” or (b) if you acquire and accept the Font Software on a tangible medium (CD, DVD) or (c) when you open the compressed electronic file in which the Font Software is contained or (d) when you install the font. If you do not wish to enter into this Agreement, do not purchase, access, download and/or install or otherwise use the Font Software.

Permission

Upon receipt of the payment in full, Noir Blanc Rouge will grant you a non-exclusive terminable user license to the Font Software that accompanies this Agreement. The Noir Blanc Rouge Font Software licenses are granted for a undetermined number of workstations. For the purposes of this Agreement, “Font Software” is defined as the typeface that, jointly with the Font, generates the typographic creation and, where applicable, any ornaments or other signs. “User License” is defined as the right to use, for your specific personal or internal business purposes, and, except as may otherwise be permitted herein, shall not mean or include any commercial distribution or use of the Font Software, the typeface or the graphics or any other part of the same in any Commercial Product. If you are unsure whether your use is permitted, contact Noir Blanc Rouge. Your failure to contact to seek permission or the lack of a specific prohibition in this Agreement shall not be interpreted as a waiver or permissible use in any manner whatsoever. You hereby agree that this license shall further comprise all bitmap representations of the typeface, ornaments and graphics created by the Font Software or derived from it. This license grants the Licensee, subject to their full respect of this EULA, a non-exclusive authorization to use the Typeface. Noir Blanc Rouge remains the sole owner of the Typeface. Once it is purchased, the given Typeface may be downloaded and used for both personal and commercial use, as long as the usage is not racist or pornographic. As long as the Licensee does not transfer their rights to the Typeface granted in this EULA, they may use the Typeface on any amount of supports (printed, digital, broadcasting, etc.) for an unlimited period of time.

Rights an authorized use

Noir Blanc Rouge and its successors and assigns expressly retain all rights and title in and to the Font Software, together with the typeface embodied therein, with all deposited trademarks associated therewith. Except as may be otherwise expressly permitted herein, you agree not to copy the Font Software and not to create any derivative works based on the Typeface or the Font Software. You hereby agree that the design represented by the Typeface and the Font Software are the exclusive property of Noir Blanc Rouge and that any unauthorized use of the Typeface or the Font Software is an infringement of the rights of Noir Blanc Rouge and causes significant monetary harm. All rights not expressly assigned herein are reserved for Noir Blanc Rouge. Noir Blanc Rouge’s rights and any financial indemnification resulting from any violation of the said rights shall be cumulative in nature.

Intellectual Property

The Font Software and the Typeface contained therein, as well as any deposited trademarks associated with the same are the exclusive property of Noir Blanc Rouge and its Typeface designers and are protected by French copyright laws and by the French Intellectual Property Code, regardless of the country in which you are operating, by the copyright laws and intellectual property code of other countries and by other international treaties. Any copy that you are expressly authorized to make must include the same copyright, registered trademark or other notices appearing on or in the Font Software.

Agreement

You expressly agree not to resell, lease, sublicense, give, loan or distribute the Font Software.

Service provider & customer

If you are the service provider of a customer and you acquire a license for your own use, the said license does not cover any use to be made by your customer. Your customer must, where applicable, acquire a license. The members of the acquiring legal entity, household members, employees and agents must be informed by you of the terms and conditions of this Agreement and must agree to be bound by the said terms and conditions prior to any use of the Font Software.

Alter, copy or reformatting

Except as may otherwise be permitted herein, you may not, in any manner whatsoever, alter or copy the Font Software or the Typeface embodied therein. Reformatting the Font Software into any other format, for use in other operating systems is expressly prohibited. Noir Blanc Rouge alone may supply the Font Software in alternate or additional formats. To that end, please contact Noir Blanc Rouge for a quotation. Amending or altering the embedding bit characteristics of the Font Software is expressly prohibited. You agree not to create or support and/or cause the creation or alteration of the Font Software or the Typeface embedded in it. This includes inter alia any creation of any additional styles, the creation, deletion or alteration of existing glyphs, the alteration of the metrics, spacing or kerning of lines, the modification, adaptation, translation, reverse engineering, de-compilation, disassembly, alteration of, or attempted access to the Font Software’s source code without Noir Blanc Rouge’s written consent. If the said consent is granted to you, any alteration shall become and shall remain Noir Blanc Rouge’s exclusive property, and you will not be entitled to sell, loan or forward to any third party any such alterations or add-ons to the Font Software. Certain jurisdictions may provide for additional rights, and, if applicable, you may reverse engineer or decompile the Font Software only to the extent that the extracted information is not sufficient to allow for the creation of an interoperable software program (but only for such purposes and only to the extent that the necessary information is not provided by Noir Blanc Rouge upon written request). You may not knowingly communicate the Font Software to any party likely to modify, publish, alter or enrich the Font Software or extract the Font Software from any document.

Back-up copy

You may make one (1) back-up copy of the Font Software for archival purposes only, and you agree to retain exclusive custody and control over such copy. Upon termination of the License Agreement, you must destroy the original and any and all copies of the Font Software. Any unauthorized sharing, lending, renting, sale or any unauthorized use or misuse of the back-up copy is a material breach of this Agreement and will result in the immediate termination of this License.

Embed the Font Software

The Font Software may not be used to create any electronic document in which the Font Software or any part thereof is embedded in a format permitting the extraction, editing, alteration, enrichment or modification of such document by the recipient of such document, in any manner whatsoever. Such prohibition extends to the extraction of vectorized outlines. The use of the Font Software is authorized for static text only, and not for dynamic text. Any use in relation to dynamic text publishable by a third party must be covered by a license extension. “Embedded electronic systems” include the use of the Font Software for any display on the screen or on a system embedded outside a single location. For instance, and without any limitation, such embedded systems include interactive terminals, portable game consoles, embroidering or sewing machines, and betting games, regardless of the fact that the display or creation of a copy of the Typeface contained in the Font Software results from the use of the said software or any picture of the typeface in the tiff or gif format or any other format.

PDF document

If no other option exists, you may forward a digitized copy of the Font Software used in a particular electronic document to any third-party service provider such as any flasher or printer for use by the same and preparation of the document, provided that the service provider destroys any copy of the Font Software after supplying the relevant services. However, you recognize that the transmission of a PDF document with the “Printing and Viewing only” setting is the first and best method in order to forward such documents to any flasher or printer.

Reproduction and limitation

Without a prior upgrade of the acquired license or acquisition of an additional license, the use of the Noir Blanc Rouge Font Software is not authorized in the following circumstances: a) alphabet (or letter-form-related product) for resale or letter-form creation products or services; b) embedding in electronic devices, embedded systems, video games, game consoles; c) embedding in software. Is prohibited any commercial use based only on the reproduction of the form of the glyphs by using any reproduction method. This includes, without any limitation, any uses as die-cut products on demand or any products such as scrapbooks, rubber stamps, templates, stencil products, temporary tattoos, adhesive alphabets, or any other products containing any picture of or derived from the Typeface contained in the Font Software of which any likeness of the alphabet can be reproduced. In order to be granted an additional license, please contact Noir Blanc Rouge at for any additional information. If you are not sure that your use of this Font Software is specially authorized by the terms of this Agreement, please contact Noir Blanc Rouge.

Warranty claim

Noir Blanc Rouge warrants that the Font Software will perform in accordance with its documentation for 30 days from delivery of the Font Software. To make a warranty claim, you must contact the supplier and provide sufficient information concerning your purchase of the Font Software in order to allow for confirmation of the license’s effective date. Noir Blanc Rouge disclaims all warranties in any respect whatsoever in relation to any indirect damage, such as any lost profits, commercial or financial loss, overhead increase, consequences of any third-party claim or loss originating or resulting from this Agreement, even where Noir Blanc Rouge has been notified in advance of such possibility, as well as any damages inflicted on any persons or property separate from the subject matter of this Agreement. You alone will be responsible for all consequences of any malfunctions associated with the operation of the Font Software because of any use of the same otherwise than in conformance with the instructions for use. Because of the highly technical nature of the Font Software and the current state of information technology, the parties hereby mutually agree that Noir Blanc Rouge is subject only to a best-efforts obligation. Noir Blanc Rouge may be held liable under civil law for its own actions or for the actions of its employees only in connection with steps taken by Noir Blanc Rouge or by its employees in relation to the performance of this Agreement and solely in those cases where a cause-and-effect relationship is proved between the alleged loss and any gross negligence committed by Noir Blanc Rouge. You hereby agree that our full, exclusive and aggregate liability shall not exceed the purchase price of the license covering this Font Software. In no event shall Noir Blanc Rouge’s liability to you exceed the refunding of the cost of the Font Software license or the replacement of the Font Software, either of which shall be at Noir Blanc Rouge’s sole discretion.

Warranty period

Any implied warranty or other obligation created by law is valid for a period of thirty (30) days only. There are no warranties of any kind after the above period of thirty (30) days. You agree that all implied warranties are not to be effective for more than thirty (30) days.

Laws accordance

You expressly agree that this Agreement shall be prepared and governed by, and construed in accordance with, the laws of France, as applicable to agreements made on French territory, and that any dispute shall be referred to the Paris (75 France) courts . You expressly agree that the application of the United Nations Convention on International Sales of Goods is expressly excluded.

Acknowledgement

You acknowledge that you have read and understand this Agreement and that by using the software you agree to be bound by these terms and conditions. You further agree that this Agreement is the complete and exclusive statement of the agreement between you and Noir Blanc Rouge and supersedes any other proposal or any prior agreement, oral or written, or any other communications concerning this Agreement. No variation of the terms of this Agreement or any other term of this Agreement will be enforceable, absent an express written amendment or consent, including a partial waiver of certain terms of this Agreement. This Agreement may not be amended unless by a written amendment by an official representative of Noir Blanc Rouge. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, the remaining provisions of this Agreement shall continue to be in full force and effect, and the invalid provision shall be replaced by Noir Blanc Rouge.

License Agreement modification

Noir Blanc Rouge reserves the right to amend or modify its License Agreement at any time without any prior notice, in order to account for future technical changes.

Terms or conditions

This Agreement shall automatically terminate in the event that you or any other authorized user breaches any of the above terms or conditions.

Laws compliance

You agree to be responsible for compliance with all laws, whether foreign or domestic, relating to the control of exports or the transfer of technology. If you are purchasing this License for government use, you agree to familiarize yourself with and comply with any applicable rules and regulations relating to the purchase of a license to use software and current use thereof.

All enquiries shall be sent by e-mail to . The Noir Blanc Rouge website is located at www.noirblancrouge.com.