By installing or using the Software the Licensee fully agrees to the following licence terms, in addition to the general terms and conditions.

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Licensor:
Neomatter Type Foundry
Daniel Gremme, Pauline Gebauer
Brinckerinckstraat 8
2531 VD s‘Gravenhage
The Netherlands


§ 1 General Framework
This End User License Agreement (the ‚Agreement‘) is a contractual agreement between Neomatter Type Foundry and 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).

By purchasing, downloading, installing, or otherwise employing the Fonts (computer software containing representations of three-dimensional typeface designs), you are unreservedly agreeing to the terms stipulated in this Agreement. Upon the receipt of the full payment of all applicable license fees, Neomatter Type Foundry grants you the limited, non-exclusive, non-transferrable right to use the 3D Fonts, strictly in accordance with the conditions outlined in this Agreement. You acknowledge and affirm that all rights not explicitly conferred to you by this Agreement are explicitly retained by Neomatter Type Foundry.


§ 2 Definitions
(1) „Licensee Size“ refers to the count of employees, inclusive of temporary staff, engaged with the Licensee.

(2) „Designer“ encompasses any entity, be it a design agency or studio, an individual designer, or any other service bureau, that offers services to the Licensee which entail the use of the Fonts.

(3) „Subcontractor“ designates any third party that employs the Fonts on behalf of the Licensee. In situations where the Designer and Licensee are not the same entity (meaning the Designer is producing work for their own organization), the Designer is considered a Subcontractor of the Licensee.

(4) „Neomatter Type Foundry 3D-Font“ refers to the digital goods sold on our website, three-dimensional typefaces provided in FBX format.


§ 3 General Restrictions
You must take all reasonable measures to safeguard the Fonts from being accessible to unlicensed third parties or the general public. Uploading the Fonts onto online storage platforms, such as GitHub or Amazon S3, where they would be reachable by unlicensed third parties, is strictly prohibited.

You are not permitted to:

• Using the Fonts in any context that is violent, hateful, racist, or discriminatory;
• Decompiling, altering, reverse-engineering, reformatting, modifying, editing, or creating derivative works of the Fonts, or enlisting any third party to do so, in order to redistribute solely the font commercially or free of charge, without the prior written authorization from Neomatter Type Foundry;
• Distributing (sharing, renting, lending, gifting, selling, sublicensing, etc.) the Fonts or any copies thereof to any unlicensed third party;
• Transferring this Agreement or any of your rights hereunder to any third party without prior written consent from Neomatter Type Foundry;
• Using the 3D Fonts in any explicitly political or religious context without the prior written permission of Neomatter Type Foundry.


§ 4 License Scope
(1) A Commercial license affords you the privilege to employ the Fonts within your organization. The Fonts are accessible in the FBX format. Other formats may be made available upon request, subject to Neomatter Type Foundry‘s discretion.

(2) In accordance with the stipulations outlined in this Agreement, you are entitled to install the Fonts on an unrestricted number of devices within your organization, employ the Fonts on an unrestricted number of websites owned and operated by your organization, and embed the Fonts in static documents (such as PDFs), eBooks, digital products, installable applications, and other media generated by your organization.

(3) The pricing of a Commercial license is determined on the basis of the Licensee Size. A Commercial license does not remain valid if the Licensee Size experiences an increase, a new license has to be accquired then.

(4) Special Licenses: For any application related to cryptocurrency, the sale of Non-Fungible Tokens (NFTs), Gaming, Logo, Broadcasting, Gaming, NFT, Subcontractor or in any application where an unlicensed third party could utilize them to personalize their own designs or to produce static documents or images (e.g., an online design application, iron-on lettering product, or print-on-demand service). Contact us for an individual license.

(5) Cultural clients are applicable to a general 50% discount. This discount cannot be combined with any other discount.

§ 5 Object of the contract
(1) The Neomatter Type Foundry 3D-Font comprises machine-readable data, presenting a 3D font model suitable for 3D renderings, videos, and images, including its utilization in 3D web applications.
The specific computer system and software requirements essential for processing this data are outlined on the website, where the Neomatter Type Foundry 3D-Font can be downloaded. The licensor acknowledges that full technical compatibility with future hardware or software versions cannot be guaranteed. Consequently, the licensor is not obligated to furnish the licensee with potential updates to ensure compatibility with forthcoming versions.

(2) The licensor hereby grants the Licensee, upon payment of the relevant license fee and continuous adherence to the ensuing provisions, a non-exclusive, non-sublicensable, and non-assignable privilege to employ the Neomatter Type Foundry 3D-Font, as delineated in the subsequent text. Any assertions exceeding the rights of use articulated and specified in this agreement shall not be recognized. Employing the 3D font for purposes beyond the confines of this licensed usage is prohibited. It is imperative to acknowledge that the licensor maintains sole and exclusive ownership of all data rights. In particular, any actions involving sublicensing, lending, or distributing the data to any third party are deemed unlawful on the part of the Licensee.

(3) The extent of the rights granted is governed by the terms established within the license agreement between the licensor and the licensee, in conjunction with the lawful download of the data.

(4) Restriction of use as a 3D FONT
(a) The Neomatter Type Foundry 3D-Font may solely be utilized in a machine-readable format for text display on a website through static integration, which includes integration into Flash representation. This authorization extends to the integration of the Neomatter Type Foundry 3D-Font into WEBGL or JavaScript 3D animations.

Such integration should not enable website users to customize or input text or utilize Font-Data for any other purpose, such as presenting their own content. The utilization of this font as a 2D font is explicitly prohibited. It is essential that the selected licensing model for the Neomatter Type Foundry 3D-Font chosen by the licensee aligns with the total number of the licensee‘s employees. The licensor reserves the right to impose additional conditions for licensing the Neomatter Type Foundry 3D-Font, which may include the requirement of disclosing the websites where the Neomatter Type Foundry 3D-Font is intended to be employed.

(b) The Neomatter Type Foundry 3D-Font is permissible to be installed, stored, and executed, either in its entirety or in part, exclusively on a single computer system, in accordance with the file format used, without any alterations. In situations where the processing of Neomatter Type Foundry 3D-Font data occurs from multiple workstations with access to a common storage medium or system of storage mediums, the extent of the license is calculated based on the number of workstations that have access to the storage system.

(c) The use of the Neomatter Type Foundry 3D-Font is exclusively allowed for the purpose of hosting one‘s own website.

Should third parties, such as agencies, web designers, or any other external entities, intend to store and install the Neomatter Type Foundry 3D-Font for the benefit of the Licensee, they are obligated to notify and seek approval from the licensor. While approval is typically granted, it is important to note that it may be denied without the necessity of providing justification in special cases.

(d) A single copy of the Neomatter Type Foundry 3D-Font may be created exclusively for security and archival purposes. However, it is imperative that this copy includes a comprehensive copyright notice, in addition to all references to the rights of the Licensor pertaining to the Neomatter Type Foundry 3D-Font, along with the identification of the original version. In situations where the software serves as an update or an additional module for an already licensed system, instrument, or facility, the Licensee is only permitted to produce the same number of copies as were previously authorized by the Licensor.

(5) The Licensee is expressly prohibited from making any alterations to the Neomatter Type Foundry 3D-Font or any of its components, whether it involves modification, adaptation, translation, or creating derivative versions. Furthermore, the Licensee is strictly prohibited from engaging in activities such as decompiling, reverse-engineering, or disassembling the Neomatter Type Foundry 3D-Font or its components, or translating it in a manner that makes it legible by individuals. The transfer or making available of the Neomatter Type Foundry 3D-Font or any of its components to third parties is not permissible without the prior written consent of the Licensor. Any efforts to remove, alter, or obscure proprietary notices, labels, or marks on the Software are explicitly forbidden. Additionally, the Licensee is prohibited from using any equipment, device, software, or any other means to circumvent or eliminate utilization and copy restrictions, or to activate functions that the licensor had previously deactivated.

(6) The Neomatter Type Foundry 3D-Font may incorporate a specialized program (referred to as the „Special Program“) designed to monitor and oversee the number of concurrent users of the Neomatter Type Foundry 3D-Font within a network environment, as well as the quantity of licensed data copies, excluding backup copies. By continuing to use the Neomatter Type Foundry 3D-Font, the Licensee explicitly consents to the inclusion and utilization of this Special Program, as well as other security measures associated with the Software. The Licensee is strictly prohibited from attempting to bypass, reverse-engineer, or duplicate the Special Program or any other security devices. To initiate the Software, and for ongoing access and utilization, an authorization code may be mandatory. The Licensee also undertakes to maintain and keep their registration information current by following the provided registration procedure for customer data, as supplied by the licensor. Please note that activation safety mechanisms may deactivate the data if the Licensee employs the Neomatter Type Foundry 3D-Font without proper permission or authorization. This Software may facilitate automatic internet access by the computer system, connecting with the licensor or relevant third parties involved in data development or validation.

(7) The licensor retains the authority to introduce updates or revisions to the design or content of the product at any juncture. It is crucial to emphasize that all the license terms, as stipulated in this agreement, shall similarly apply to any updated or revised versions of the product.


§ 6 Consent to the use of personal data
The licensor places a paramount emphasis on data protection. The Licensee hereby consents to the collection of non-personal data, exclusively for the following purposes: identifying application software and the operating system. This data collection serves a singular objective, which encompasses product enhancement, assurance of warranty, and liability for service functionality, monitoring adherence to the contractual usage of the product, as well as the collection of statistical data.

§ 7 Liability and warranty

(1) The Licensor provides an assurance that the product has undergone thorough testing and possesses all the requisite functionalities of a font. However, it is important to underscore that the Licensor does not provide a warranty regarding the product‘s suitability for the specific purposes of the Licensee. The Software is licensed in its current version and with its prevailing characteristics.

(2) The licensor‘s liability towards the Licensee is exclusively in accordance with the terms and conditions articulated in this contract. All other and supplementary claims are not applicable, particularly concerning instances of data loss, except when such claims are rooted in demonstrable negligence or deliberate intent. The Licensee is strongly advised to create backups of all programs and data prior to downloading the Neomatter Type Foundry 3D-Font.

(3) The pursuit of claims related to software defects is precluded if the Licensee neglects to execute the Neomatter Type Foundry 3D-Font update made available online by the licensor, especially when such an update could have prevented the occurrence of the defect.

(4) Under no circumstances shall the Neomatter Type Foundry be liable to you or any third party for any direct, indirect, consequential, or incidental damages resulting from the use or the inability to use the Fonts, even if such circumstances have been previously communicated.

(5) In no event shall the Neomatter Type Foundry liability exceed the cost of the license you have acquired. You expressly consent to indemnify and absolve Mass-Driver from any claims or damages that may arise as a consequence of your improper use of the Fonts or a violation of the terms outlined in this Agreement.


§ 8 Property rights/Liability of Licensee
(1) By accepting the license terms, the Licensee affirms a comprehensive awareness of the property rights linked to the product and is firmly committed to safeguarding these rights. The principal components of these property rights encompass copyrights, patents, trademarks, and trade secrets.

(2) The Licensee is under an obligation to employ all reasonable measures to prevent any unauthorized utilization, replication, sale, or publication of the Software, as well as the unauthorized facilitation of access to it. The Licensee assumes responsibility for reimbursing the Licensor for any incurred losses, damages, claims, and expenditures, including reasonable legal expenses, arising from a violation of the Licensor‘s rights by the Licensee, a breach of the license agreement by the Licensee, or the use of the Software in a manner inconsistent with the provisions of the license agreement. This obligation indemnifies the Licensor in this regard.


§ 9 Contract period and termination
(1) The effectiveness of the license agreement commences upon the Licensee‘s acceptance of the contract provisions and remains in force for the duration specified in the purchase order.

(2) In addition to the other termination rights delineated in this license agreement, both parties retain the privilege to terminate the license contract with immediate effect should the opposing party be found in material breach of a contractual obligation. Specifically, the licensor is authorized to terminate the contract without prior notice in the event of one or more infringements against the aforementioned license agreement. The termination of the contract results in the forfeiture of the Licensee‘s rights to utilize the Software.


§ 10 Import, Export and use of the Neomatter Type Foundry 3D-Font
(1) The Licensee bears exclusive responsibility for guaranteeing compliance with pertinent laws and regulations governing their rights to import, export, and employ the Neomatter Type Foundry 3D-Font.


§ 11 Trials of Neomatter 3D-Fonts
(1) A Trial Font license enables you to utilize Trial versions of the Fonts (referred to as ‚Trial Fonts‘) for the purpose of preview and assessment. Trial Fonts are characterized by a reduced character set, limited support, and are exclusively accessible in FBX format.

(2) You are granted permission to install Trial Fonts on an unlimited number of devices within your organization. You are not authorized to use Trial Fonts in self-initiated, non-commercial projects. This extends to student work. Additionally, you may not share this work on social media.


§ 12 Final provisions
(1) Any supplementary agreements must be documented in writing. The present license agreement constitutes the comprehensive agreement between the licensor and the Licensee in relation to the usage of the Neomatter Type Foundry 3D-Font.

(2) If a provision within this contract is determined to be invalid, the validity of the remaining provisions shall remain unaffected. In such instances, an alternative provision shall be introduced, effective immediately, which aligns with the intended meaning and purpose of all parties and is substantively valid.

(3) The jurisdiction for resolving all disputes arising from this contract is Den Haag, provided the Licensee is a business entity, lacks a general place of jurisdiction within the Kingdom of The Netherlands, or is a legal entity under public law. The licensor also retains the right to initiate legal proceedings at any other permissible location.

(4)The laws of the Kingdom of the Netherlands shall govern, with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).