Licensing

Please take the time to review this End User Licence Agreement (‘Agreement’) as it will form a binding agreement between Mai Type (ABN: 58 697 818 321) (‘Mai Type’) and any person or entity (‘Licensee, you, your’) that purchases or downloads a font (each a ‘Font’ and collectively ‘Fonts’) from the website www.maitype.xyz (‘Website’).

By purchasing any Fonts from the Website, the Licensee confirms that they have read, understand and agree to be bound by the terms of this Agreement.

Nothing in this Agreement transfers any intellectual property rights in the Fonts to the Licensee. The Licensee will not own any intellectual property rights embodied in the Fonts in any way. This Agreement applies to any Font on the Website, as well as any free updates provided by Mai Type to Fonts licensed to the Licensee.

‍

1. LICENSES

GENERAL LICENCE

General licences for Fonts (each a ‘General Licence’) may be purchased from the Website.

The scope of the General Licence and the Licence Fees payable for that General Licence will be determined based on the selected Licence Tier. The Licensee is required to confirm the applicable Licence Tier at the time of purchase.

The General Licence must be purchased by the person(s) or entity(s) that requires the Font files for ongoing purposes. For example, this may be:

a) The end user or client that requires the Font files; or

b) A designer that intends to use the Font files; or

c) Both, if the end user/client and designer each require use of the Font files.

If the Licensee is an individual or sole trader, the applicable Licence Tier is Tier A.

If the Licensee is an organisation or business, the Licence Tier selected must correspond with the number of people ‘employed’ by the Licensee.

Upon purchasing a General Licence in the appropriate Licence Tier, and subject to the Licensee’s compliance with the terms of this Agreement, Mai Type grants the Licensee (and any other persons permitted to use the Fonts subject to the terms of this Agreement and the relevant Licence Tier (‘Permitted Users’) a perpetual, worldwide, non-exclusive, non-sublicensable licence to install and use the purchased Font as follows and subject to the ‘Restricted Uses’ set out in this Agreement:

• Use licensed Fonts on an unlimited number of workstations, websites or mobile applications that the Licensee owns or operates. For use on websites and mobile applications, the licence includes web font formats (including WOFF and WOFF2 files) provided with the Font package. The Licensee must not make web font files publicly accessible for download or direct linking by third parties;

• Use licensed Fonts for any non-commercial and commercial uses (subject to selling the licensed Font or Font files or fonts created via modification of the Font files, which is restricted and not included in the scope of the General Licence);

• Convert licensed Fonts to outlines and make adjustments to the outlines (such as modify a vector) provided that no new font files are generated. For variable fonts, the Licensee may use any named or custom instances available within the variable font file, provided that doing so does not result in the export or generation of new static font files;

• Temporarily share the licensed Font files with a third party engaged by the Licensee, provided that (a) the third party requires the Font for production of a design (e.g. where the third party is a printer, web/app developer, design subcontractor or other such party), and (b) the third party agrees to comply with the terms of this Agreement, and (c) the third party deletes the Font immediately after concluding the project, and (d) the Licensee agrees and acknowledges that it is personally liable for any loss or damage suffered by Mai Type in the event that the third party fails to comply with these terms;

• Distribute a document embedding the licensed Fonts to a third party, subject to the Licensee making the third party aware that the Fonts cannot be used outside of the specific document without the third party obtaining a licence to use the Font from Mai Type. The Licensee agrees and acknowledges that it is personally liable for any loss or damage suffered by Mai Type in the event that the third party fails to comply with these terms. The Licensee must not distribute documents in editable formats (such as editable Word or InDesign files) that embed the Font files in a manner that allows the Font to be extracted or reused by the recipient.

‍

2. LICENCE TIERS

The following Licence Tiers are used to calculate the appropriate Licence Fee for each General Licence. If the Licensee is an organisation or business, the applicable Licence Tier is determined by reference to the number of people employed at the Licensee’s organisation or business at the time of purchasing the General Licence.

‘Employed’ (and ‘employs’) for the purposes of this Agreement means any person engaged to provide continuous or ongoing services to the Licensee over a 3-month period. Freelance contractors will also be considered ‘employed’ if their work is, has been, or will be persistent and ongoing with the Licensee’s organisation or business for a period of over 3 months. For the avoidance of doubt, unpaid interns, directors, shareholders, and volunteers who regularly contribute to the work of the organisation or business will also be counted as ‘employed’ for the purposes of determining the applicable Licence Tier.

For large organisations and businesses (i.e. organisations or businesses with more than 100 employees), the Licence Tier is determined by the number of people employed in the relevant department that will use the General Licence, provided that the Licensee can (and agrees to), upon request from Mai Type, provide evidence that the relevant department has a reasonable degree of independence from other departments in the Licensee’s business or organisation and will not share and has not shared the General Licence or licensed Fonts with other departments in the Licensee’s organisation or business.

If the number of people in the Licensee’s organisation or business grows to more than double the number indicated at the time of purchasing the General Licence, the Licensee is required to upgrade the General Licence by contacting Mai Type at hello@maitype.xyz and paying the difference between the Licensee’s existing licence and the new applicable Licence Tier at that date.

Licence Tiers are set out below:

Tier — Organisation’s size

• Tier A — 1 person
• Tier B — 2–5 people
• Tier C — 6–10 people
• Tier D — 11–25 people
• Tier E — 26–50 people
• Tier F — 51–100 people
• For organisations with 100+ people — Get in touch for a quote

Mai Type reserves the right to request reasonable verification of the Licensee’s organisation or business size at the time of purchase, or at any time during the term of the licence. The Licensee agrees to provide such verification (for example, a statutory declaration or payroll record) within 14 days of any such request.

Licence Tiers and their corresponding Licence Fees are displayed on the Website at the time of purchase. Licence Fees may be automatically adjusted based on the Licensee’s location through our Fair Price Adjustment, in accordance with purchasing power parity. The Licence Fee displayed and charged at checkout is the applicable fee.

Note: If your organisation or business employs more than 100 people, please contact Mai Type via email at hello@maitype.xyz to receive a quote for a Licence Fee for your requested General Licence.

‍

3. TRIAL FONTS

Trial Fonts are fonts with the prefix ‘Unlicensed’ in the font file name (‘Trial Fonts’). By downloading a Trial Font, you agree to be bound by this Agreement, including the Restricted Uses and Intellectual Property clauses. Trial Fonts are provided free of charge and may be used for:

• General evaluation purposes — to test the Font before deciding to purchase a General Licence; and

• Student projects — for personal educational work at a university, school or other educational institution. Note that the educational institution itself is not permitted to use Trial Fonts; only the individual student may use them for their own projects.

Trial Fonts must not be used in any commercial project, client work, or any work produced on behalf of a third party, regardless of whether that work is paid or unpaid. Trial Fonts must not be embedded in any document or file that is distributed publicly or commercially.

‍

4. INTELLECTUAL PROPERTY

Mai Type owns any and all intellectual property rights to the Fonts, including but not limited to, the copyright of the Font and any underlying Font files and Font software, the Website or any registered or unregistered trademarks which are created or owned by Mai Type. Nothing in this Agreement transfers any intellectual property rights to the Licensee.

Unless otherwise stated in this Agreement, you (as a user of this website, a Licensee or a Permitted User) cannot sell, transfer, share, license, sub-license, rent, lend, commercialise the Fonts or give away the Fonts to any third party. Licensees and Permitted Users may temporarily share Fonts with third parties where permitted under the scope of the relevant licence.

The Licensee must not use the Fonts, Font files, or any Font software (in whole or in part) as training data for any artificial intelligence, machine learning, or automated model development system, nor permit any third party to do so.

‍

5. RESTRICTED USES

The Licensee acknowledges that the Licensee and any Permitted Users must not:

• Use the Fonts for any unlawful purpose or in any unlawful manner;

• Use the Fonts in connection to material that is offensive or discriminatory, hateful, harmful or violent towards any person, group of people or population;

• Use the Fonts for any political messaging (including but not limited to, in connection to lobbying institutions or politically aligned think tanks) without prior written approval from Mai Type;

• Make any copies of the Fonts, except where expressly authorised by this Agreement or where a copy is made strictly for back-up purposes;

• Modify, adapt, translate, reverse engineer, decompile, disassemble or alter the Fonts to make derivative work that results in a new Font or to discover the computer code of the Fonts’ underlying software without Mai Type’s permission;

• Copy or trace the Fonts by manual or automated means;

• Change the Fonts from one file format to another, rename it, or use it outside the scope of the General Licence or Trial Fonts terms set out above, as applicable; or

• Use the Fonts or Font files (in whole or in part) to develop, train, or improve any artificial intelligence or machine learning model or system.

A breach of any of these terms will result in the immediate revocation of any General Licences and/or rights to use Trial Fonts granted to the Licensee.

‍

6. PAYMENT TERMS

Licence Fee pricing is set out on the Website. All prices on the Website are displayed in United States Dollars (USD). The price displayed on the Website at the time of purchase is the valid and applicable price.

All purchases are final. Mai Type does not offer refunds on any Font licences once purchased. This no-refund policy applies regardless of whether the Font files have been downloaded. Nothing in this clause limits any rights you may have under the Australian Consumer Law.

‍

7. LICENSEE WARRANTIES & ACKNOWLEDGEMENTS

The Licensee warrants, acknowledges, and agrees that:

• The number of people in the Licensee’s business or organisation and any other information provided to Mai Type to determine the Licensee’s Licence Tier is true and accurate;

• The address and contact details the Licensee has submitted in relation to Fonts and/or Licences is accurate;

• The Licensee will undertake all necessary steps to prevent any unauthorised access to the Fonts and to any copies of the Fonts;

• Any licence granted to the Licensee to use a font is subject to full payment of the licence fee;

• Mai Type reserves the right to terminate the Licensee’s licence if the Licensee (a) fails to make full payment of the licence fee, or (b) otherwise breaches any term of this Agreement;

• The Licensee will immediately stop using the fonts and delete all font files held by you (and any other person under the same licence) upon termination of the Licensee’s licence; and

• All licence fees are non-refundable. The fonts are provided ‘as is’ without any warranty of any kind.

Mai Type does not warrant or make any representations regarding the completeness, accuracy, reliability or suitability of the fonts for your use. Mai Type does not guarantee that the fonts will be compatible with any third-party software applications, operating systems, or any specific internet browser. Mai Type does not guarantee that the fonts will be available to licence or download from Mai Type at any given time.

Except as provided for under the Australian Consumer Law, Mai Type is not liable to you for any loss of data, interruption of your business, or other damages or consequential loss caused to you in relation to your purchase and use of the fonts. You will indemnify and hold Mai Type, its directors, officers, employees, agents, licensors and contractors harmless from any loss, damage, proceeding and cost (including all reasonable legal costs), whether in contract, tort, under statute or otherwise, directly or indirectly as a result of your use of the fonts, Mai Type website or your breach of this Agreement or any licence condition, or your violation of any applicable law or rights of any third party.

‍

8. GENERAL

This Agreement is personal to the Licensee and may not be assigned or transferred to any other person or entity, including in the event of a business acquisition, merger, or restructure, without the prior written consent of Mai Type. This Agreement embodies the whole understanding between you and Mai Type with respect to the Fonts and supersedes any prior agreements, representations, or understandings between the parties relating to the same subject matter.

Please note that Mai Type may change the terms of this Agreement at any time and will post these changes at www.maitype.xyz. This Agreement is governed by the laws of the State of Victoria, Australia. If any part of the Agreement is unenforceable by the State of Victoria, the remaining terms will continue to apply.

‍

ACKNOWLEDGEMENT

Thank you for using Mai Type fonts and for supporting an independent type foundry. If you have any questions regarding this Agreement, please contact Mai Type at hello@maitype.xyz.

‍