End User License Agreement Desktop — 6TM® MAGAZINE
This License Agreement (the "Agreement") is a legal agreement between 6TM® STUDIO (Registration number: 984335505), operating under the name 6TM® MAGAZINE, located at 73 Rue Suffren, 97410 Saint-Pierre, La Réunion, France (the "Licensor", "we" or "us") and you (the "Licensee"), each individually referred to as a "Party" and collectively as the "Parties", in relation to:
6TM® MAGAZINE Desktop Fonts (the "Fonts" or "Fonts Software").
By accepting this Agreement or opening the file containing the Fonts, you agree to these terms. If you do not wish to accept this Agreement, do not purchase, download or install the Fonts.
1. Definitions
- "Agent(s)" refers to the partners, directors, shareholders, affiliates, officers, agents, contractors, subcontractors, and/or employees of an Entity.
- "Commercial Electronic Document" refers to any electronic document intended for distribution to the public, or a specific audience, as a commercial product, in exchange for payment or other consideration. For clarity, a document created solely for internal use does not qualify as a Commercial Electronic Document under this Agreement.
- "Entity" refers to any organization holding separate and distinct legal rights, such as a partnership or corporation.
- "Generative Artificial Intelligence (AI)" refers to AI models capable of generating new content, including but not limited to code, text, images, audio, and video.
2. Unlimited Duration of Use
This License is perpetual, allowing you to utilize the Fonts without any expiration date. Once the Fonts are purchased, no additional licensing fees are required beyond the initial payment. You are free to use the Fonts globally without limitations tied to time.
3. Authority
For Individuals:
- By agreeing to this License, you affirm that you are of legal age and fully authorized to enter into a binding contract.
For Entities:
- The rights conferred by this Agreement are granted to the specified Entity, which will hold the License;
- You confirm and warrant that the person agreeing to this License on behalf of the Entity has the necessary authority to enter into legally binding agreements on its behalf;
- If any Agents of your Entity are granted access to the Fonts, you must ensure their adherence to the terms of this Agreement. Furthermore, the Entity assumes full responsibility and liability for any breaches of this Agreement caused by its Agents.
4. Intellectual Property Rights
You recognize and accept that all intellectual property rights associated with the Fonts globally are owned by the creators who distribute them through 6TM® MAGAZINE. These rights are granted to you under a License, not sold outright. As a Licensee, you hold no ownership of the Fonts or any intellectual property related to them, except for the limited right to utilize the Fonts as outlined in the terms and conditions of this Agreement.
5. Grant and Scope of License
Subject to the restrictions set out in this Agreement, you may use the Fonts in works and projects you create ("Projects").
Authorized Users are defined as follows:
- If you are acting as an individual, you may share the Fonts with up to the maximum number of people indicated in your account or invoice, solely for the purpose of collaborating on your Project. Anyone you share the Fonts with may only use them within your Project and must restrict access accordingly.
If you are purchasing on behalf of an Entity, you may share the Fonts with up to the maximum number of Agents indicated in your account or invoice. - The licensing options provided by 6TM® MAGAZINE are structured to accommodate varying levels of use. It is essential to select the license that aligns with your usage statistics. If your usage exceeds the limits of the available licenses, you must upgrade or acquire a customized license.
Any other party wishing to use the Fonts must purchase their own license.
In exchange for your agreement to comply with this Agreement, we grant you a non-exclusive, worldwide, non-transferable, non-sublicensable license to use the Fonts as described herein.
You are permitted to:
- install the Fonts on Authorized Users' computers or equivalent hardware;
- install the Fonts on a server accessible only by your Authorized Users;
- use the Fonts in printed publications or Projects;
- create, copy, edit, view, print, and distribute materials incorporating the Fonts;
- embed the Fonts in non-Commercial Electronic Documents;
- make backup copies for internal use only.
All rights not expressly granted to you are reserved.
When distributing materials that embed the Fonts, you agree to take all reasonable measures to prevent recipients from extracting or reusing the embedded Fonts.
This license applies exclusively to Authorized Users. The Fonts may not be shared with anyone outside that group.
If you develop Projects incorporating the Fonts, you may only distribute those Projects as expressly permitted in this Agreement.
6. Restrictions
Except as expressly permitted by this Agreement or applicable law, you agree not to, and not to attempt to:
- sell, distribute, rent, lease, transfer, or otherwise make the Fonts available to others on a standalone basis — any Project incorporating the Fonts must add meaningful value beyond the Fonts themselves, with the Fonts serving as a component rather than the primary focus;
- reverse engineer, decompile, translate, disassemble, or attempt to extract the source code of the Fonts;
- use the Fonts in violation of any applicable law;
- modify the Fonts in any way;
- use the Fonts in a manner that infringes any third-party rights;
- remove, disable, circumvent, or alter any proprietary notice or label included with the Fonts;
- use the Fonts in datasets for Generative AI programs, in the development of Generative AI programs, or as inputs to Generative AI programs.
You may not embed the Fonts in open-source software or any software that could, directly or indirectly, cause the Fonts to become publicly available.
7. Updates and Support
6TM® MAGAZINE is not obligated to offer updates or support for its Fonts. In rare instances, we may choose to offer support at our discretion. If you require assistance, please reach out to us at support@6tm-magazine.com.
Updates may be provided at our discretion, but we are not committed to releasing new versions of the Fonts or ensuring continued access to or availability for download of any prior versions.
8. Interruptions and Errors
The use of the Fonts may be subject to interruptions, and their functionality may not be entirely free from errors. As with many font software, the potential for disruptions or technical anomalies exists, which could impact the seamless experience expected by users.
9. Limitation of Liability
Under no circumstances shall we be held responsible for any loss, damage, or liability arising from the use of or inability to use the Fonts, whether in contract, tort (including negligence), breach of statutory duty, or any other legal theory. Specifically, we exclude liability for:
- loss of profits, revenue, sales, or business;
- business interruption;
- loss of anticipated savings;
- wasted expenditure;
- loss or corruption of data or information;
- loss of business opportunity, goodwill, or reputation;
- any indirect or consequential losses, damages, or expenses.
This Agreement sets out the full extent of our obligations regarding the supply of the Fonts. Any implied conditions, warranties, or representations not expressly stated herein are excluded to the fullest extent permitted by law.
Under no circumstances shall we, our licensors, service providers, employees, agents, officers, or directors be liable for any direct, indirect, special, incidental, consequential, or punitive damages arising from your use of, or inability to use, the Fonts — including but not limited to loss of revenue, data, reputation, or goodwill — regardless of the legal basis for the claim and even if such damages were foreseeable.
Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law.
10. Limited Warranty
You use the Fonts at your own risk. The Fonts are provided "as is" and "as available", without any express or implied warranties, including warranties of completeness, security, reliability, quality, accuracy, or availability.
Nothing in this clause affects any statutory rights that cannot be excluded or limited under applicable law.
11. Indemnity
You agree to indemnify, defend, and hold harmless 6TM® STUDIO, its officers, employees, representatives, and agents against any and all claims, actions, proceedings, damages, liabilities, costs, and expenses (including legal fees) arising from your use of the Fonts, your breach of this Agreement, or your infringement of any third-party rights, including intellectual property rights.
12. Termination
We may terminate this Agreement immediately upon written notice if you commit a material or persistent breach that you fail to remedy within 14 days of being notified, or if payment for the Fonts is not completed, reversed, or cancelled for any reason.
Upon termination:
- all rights granted under this Agreement will immediately cease;
- you and all Authorized Users must stop all activities permitted under this Agreement;
- you and all Authorized Users must permanently delete or remove the Fonts from all devices in your possession and destroy all copies under your control.
The following sections survive termination:
- Intellectual Property Rights;
- Indemnity.
13. Terms of Use
This Agreement is to be read in conjunction with the Terms of Use of 6TM® MAGAZINE. In the event of any conflict or discrepancy between this Agreement and the Terms of Use, the provisions of this Agreement will take precedence, but only to the extent necessary to resolve the inconsistency.
14. Miscellaneous Provisions
6TM® MAGAZINE reserves the right to transfer its rights and obligations under this Agreement to another entity, without impacting your rights or our obligations as outlined here.
In the event of amendments to this Agreement, you are under no obligation to accept the revised terms. The Agreement you initially accepted will continue to govern your use of any Fonts you currently have access to.
You may not transfer your rights or obligations under this Agreement to another party unless we provide our written consent.
With the exception of clause 14, this Agreement represents the complete and final understanding between the parties, superseding any prior or concurrent agreements, representations, or communications—whether written or verbal—that relate to the subject matter of this Agreement.
By entering into this Agreement, you acknowledge that you are not relying on any statements, representations, or warranties—whether made innocently or negligently—that are not expressly set forth in this document.
You agree not to bring any claims for innocent or negligent misrepresentation or misstatement based on statements made in this License.
Any waiver of rights or remedies under this Agreement will only be valid if it is provided in writing and will not be interpreted as a waiver of any subsequent rights or remedies.
A delay or failure in exercising any right or remedy, or partial or incomplete exercise of a right or remedy, will not be considered a waiver of that or any other right or remedy, nor will it prevent or limit the future exercise of that or any other right or remedy.
The provisions of this Agreement are independent of one another. If any provision is deemed unlawful or unenforceable by a court or competent authority, the remaining provisions will remain in full force and effect.
15. Relationship between the Parties
This Agreement does not establish any agency relationship between the Parties. Neither Party has the authority to act on behalf of the other, including making any representations, warranties, or commitments, nor to enter into agreements on behalf of the other Party. This Agreement does not create any form of association, joint venture, or partnership, and it does not impose any partnership-related obligations or liabilities on either Party.
16. Governing Law and Jurisdiction
This Agreement, and any dispute or claim arising from or in connection with it (including non-contractual disputes or claims), shall be governed by and construed in accordance with French law.
The Parties irrevocably agree that the French courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.
All disputes shall be conducted in French.
17. Contact
Should you need to contact us in writing, or if any clause in this Agreement requires you to provide written notice, you may email us at contact@6tm-magazine.com. We will acknowledge receipt of your message in writing, typically via email.
If we need to contact you or provide notice in writing, we will do so by email or to the email address you have supplied or confirmed to us.
