1. Definition
1.1
Boom: the licensor, [BOOM-Promphans, KVK 88462595].
1.2
Custom License: a custom license subject to signed writing by Boom.
1.3
Font(s) : the font(s) licensed by Boom.
1.4
License : the right to use the Font as agreed upon.
1.5
License Fee : the license fee per License, which can be found on BOOMTYPE on Futurefonts.
1.6
License Terms: the terms and conditions setout herein and if applicable as stipulated per Font on the Website.
1.7
Licensee: the person/legal entity that has a License.
1.8
Pricing Bracket: the pricing brackets per Font, that can be consulted on the Website, which depend on the company size (people that are employed by the company).
2. Applicability
2.1
These License Terms apply to all Licenses and usage of the Font(s).
2.2
In the event of a conflict between the provisions in the License Terms and a Custom License, the provisions of the Custom License prevail.
2.3
Boom is entitled to modify the License Terms periodically. The most recent terms are applicable and can be download via the Website.
3. License
3.1
Every License is non-exclusive and is solely granted under the suspensive condition of (i) full and timely payment of the License Fee; and (ii) compliance with the License Terms and Custom License (if applicable).
3.2
The License is limited to the use cases stipulated herein.
3.3
A License is granted for an indefinite period, without prejudice to the License Terms.
4. Specific Restrictions and  Use Cases
4.1
Licensee is explicitly not allowed to: (i) make new fonts based on the Font; (ii) convert, modify, edit, reverse engineer, decompile or disassemble the Font, (iii) alter the naming of the Font or copyright notice in the Font files; (iv) distribute, resell, embed, store/save, rent, lend or share the Font in a way that unlicensed third party can access/use the Font; (v) use the Font in any violent, hateful, discriminatory, explicitly political or religious context, or any context relating to cryptocurrency or non-fungible tokens; (vi) use the Font in any (web) application or tool in which an unlicensed third party could use them to customize or create their own designs (e.g. generate dynamic artwork, or documents).
4.2
The license is limited to usage of the Font by Licensee for its own use. This entails (i) the design/creation of physical products to be sold by Licensee to end-users; as well as (ii) the design/creation of (digital) mockups for clients. If clients of licensee would like to make use of the Font (e.g. reproduction, publication) the client would require a separate License.
4.3
Apps. The Font may be used in mobile or desktop applications with no limits to the number of users or installations.
4.4
Desktop Installation: The Font may be installed on computers with no limits to the number of users, provided they are all employees of Licensee’s company, and the work is for Licensee. Licensee may use the Font in OTF-format in a desktop environment.
4.5
Ebooks. The Font may be used for embedding in ebooks or other digital documents.
4.6
Media: The Font may be used on films, TV shows, commercials, and digital videos with no limits to impressions or audience.
4.7
Webfonts: Websites and (web)apps that use the Font, shall use the CSS @font-face rule and the WOFF or WOFF2 format. It is prohibited to use and/or link the Font in OTF-format on websites and (web)apps. You must use the (web)Fonts provided in your package. The (web)Fonts may only be installed on webservers that are under the direct control of Licensee.
4.8
Any artwork created with the Font and to be shared online, may only be saved as jpg, png, svg formats.
4.9
Licensee shall take all reasonable precautions to ensure the Font is not accessible to unlicensed third parties or to the general public in any way form or shape.
5. License Fee and financial provisions
5.1
The (initial) License Fee depends on the company size at the time of obtaining the License and may differ per font. The pricing brackets can be consulted on the Website. It is the responsibility of Licensee to choose the correct pricing bracket, failure to do so, is constitutes unlicensed use and therefor a breach of the License Terms.
5.2
If the company size of Licensee increased after obtaining the License, Licensee is obligated to inform Boom thereof. If a different Pricing Bracket is applicable, due to an increase of the company size, Licensee will receive an invoice for the difference between the former and applicable Pricing Bracket, subject to a payment term of 14 days.
5.3
A License Fee is due for the entire License period.
5.4
Non-profit organizations may be eligible for a discount; please contact explosion@boomtype.xyz
6. Termination of the License
6.1
If licensee breaches any provisions of the License Terms and/or Custom License, Boom is entitled to terminate the License with immediate effect, without prejudice to any other rights of Boom.
7. Intellectual Property
7.1
All intellectual property rights to the Fonts remain with BOOM.
7.2
Licensee can not and is prohibited of transferring the license.
8.Audit
8.1
Boom is at all times entitled to inspection, test or to investigate whether the Licensee acts in accordance with the License. License shall at first request of Boom, provide all cooperation, including but not limited to an audit. Licensee shall in addition provide at first request the information necessary to verify the compliance with the License Terms.
9.Liability
9.1
If licensee violates the License Terms, it will be liable for all damages and costs incurred by Boom.
9.2
The Liability of Boom is limited in the amount paid for the License. The Font is sold as is. There may be bugs and/or flaws in the Font, which Boom may at its discretion resolve. Boom makes no warranties, express or implied of fitness for a particular purpose of the Font.
10. Governing Law and Dispute resolution
10.1
If Licensee is established in the EU any disputes arising from (the preparation, completion and execution of) the License or any subsequent agreements shall be settled by the competent court of Amsterdam.
10.2
If Supplier is established outside the EU, any disputes arising from (the preparation, completion and execution of) the License or any subsequent agreements (resulting therefrom) shall be settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute. The arbitral tribunal shall be composed of one arbitrator. The arbitral tribunal shall be appointed according to the list procedure. The place of arbitration shall be Amsterdam, the Netherlands. The proceedings shall be conducted in the Dutch language.
If any other questions regarding the EULA, please do not hesitate to send me an email